The Liability of Qualifying Agents
So can an owner of a home which was defectively built sue the qualifying agent as well as the contractor? Generally not – there is no right to sue a qualifying agent based only on that person’s status as a qualifying agent for a company. A complaining party can report an agent who is not fulfilling his or her duties to the Division of Professional and Business Regulation (DBPR) which in turn could sanction, fine, or reprimand the agent, and even suspend or revoke that agent’s license. If, on the other hand, the qualifier can be shown to have been negligent in not properly or adequately supervising the construction process and thus cause a personal injury, then that agent may be successfully sued.