Some broker misconduct lawyers represent clients whose real estate brokers have engaged in fraudulent or negligent acts or who have breached their fiduciary duty. Real estate brokers may find themselves in court as a result of misrepresenting the property or the investment required to purchase the property or for failing to disclose material facts about the transaction or the property. With the number of foreclosures on the rise, many real estate brokers are holding themselves out as short sale specialists. One of the biggest mistakes a real estate broker makes in relation to a short sale transaction is failing to advise the seller to seek tax advice before the deal is closed and failing to advise the seller to speak with an attorney about the possibility of a deficiency judgment.