Arizona’s real estate statutes do not create an employer-employee relationship between brokers and agents, nor do they impose a non-delegable duty on the broker to supervise an agent’s driving.

Santorii v. MartinezRusso
Arizona Court of Appeals, August 23, 2016

Real estate agent was returning from a sales appointment when the car he was driving crossed the center line and struck Santorii’s tractor-trailer, killing both men. Santorii’s wife brought a wrongful death lawsuit against MartinezRusso, alleging that the real estate broker was vicariously liable for the agent’s negligence.

The court of appeals affirmed summary judgment for the broker because: (1) Arizona’s real estate statutes do not create an employer-employee relationship between brokers and agents; (2) the same statutes do not impose upon the broker a non-delegable duty to supervise an agent’s driving; and (3) based on the undisputed facts, the agent was an independent contractor of the broker.