ATTENTION DRE LICENSEES – Sexual harassment claims in the era of #MeToo

metoo real estate industry

 

Sexual harassment: Real Estate licensees can be held liable for claims of sexual harassment in situations where the following has occurred:

There is a business, service, or professional relationship between the complaining party and the licensed real estate professional.

The licensed real estate professional has held himself or herself out as being able to help the complaining party establish a business, service, or professional relationship with the licensed real estate professional or a third party.

The licensed real estate professional has made sexual advances, solicitations, sexual requests, demands for sexual compliance by the plaintiff, or engaged in other verbal, visual, or physical conduct of a sexual nature or of a hostile nature based on gender, that were unwelcome and pervasive or severe.

The complaining party has suffered or will suffer economic loss or disadvantage or personal injury, including, but not limited to, emotional distress or the violation of a statutory or constitutional right, as a result of the conduct described in the paragraph above.

See section 51.9 of the California Civil Code for further details.