Americans are a litigious people. 

According to the National Center for State Courts, State Court Caseload Digest (2018), the United States saw 16.4 million new civil cases filed in 2018. Things are no different in the real estate industry. In the spirit of Realtor® wellness, this article reminds Realtors® to regularly ask themselves, and their clients, a simple question – “Is this worth fighting over?”

Professionalism is about cooperation, communication and advocacy for what is truly in the clients’ best interests. While Realtors® have a duty to advocate for their clients’ best interests, zealous advocacy doesn’t mean that every slight, offence or violation must be countered with hostility. Professionals can often resolve their differences through negotiation and compromise. Nitpicking over minute details on a home inspection report or taking another agent to task over delays usually doesn’t help either party. It sows animosity in what can otherwise be a happy occasion – accomplishing your clients’ goals of buying or selling a home!

Realtors® are problem-solvers at their core and can preempt most contractual disputes by understanding the contract and managing their own clients’ expectations. The NVAR Residential Sales Contract and Lease are legally binding contracts and breaching them can lead to severe financial consequences. However, when contractual disputes arise, remember to be the voice of reason for your client; a “fight to the death” over a $50 light fixture is rarely worth the time and stress.

Ultimately, it is your job to provide professional counsel and guidance to your clients, not to decide for them when to draw a line or determine their priorities. If a dispute arises, have a frank discussion about their options and what matters most to them – then collaboratively craft a plan to achieve their goals in a manner consistent with the parties’ contractual obligations and your ethical responsibilities.

The effects of stress can take a physical and mental toll on our bodies. The next time you, or your client, are faced with a dispute, remember to ask – “Is this worth fighting over?” It may just save everyone’s physical and emotional well-being!



Daniel B. Harris, Esq. is the NVAR staff attorney.

Matthew L. Troiani, Esq. is the NVAR vice president of professional development and chief counsel.