Skip to content


men wearing suits in office talking

CFPB Abusive Acts Statement 101 for Real Estate Agents in Joint Ventures

Did you pay attention to the Consumer Financial Protection Bureau (CFPB) policy statement on abusive acts and practices? If you are a real estate agent in a joint…

Read More
woman looking at laptop coffee on table

Does Your Real Estate Website Meet ADA Accessibility Requirements?

Having an accessible website is not just a matter of being inclusive — real estate licensees have a legal obligation. You must ensure your website complies with the…

Read More
calculator and pen sitting on top of paperwork

Self-Employed Real Estate Licensees May Qualify for up to $32,220 in Tax Credits under FFCRA

The Families First Coronavirus Response Act (FFCRA) was established in March 2020 to provide paid sick and family leave benefits related to COVID-19. Initially, only companies with W-2…

Read More
yellow background compliance with magnifying glass

How Mortgage Brokers Can Minimize the Risks When Using Third-Party Vendors

Mortgage brokers often rely on the expertise of third-party vendors, such as transaction coordinators, in the course of your work. The use of these additional real estate professionals…

Read More
RESPA written on board next to books

RESPA Compliance for Real Estate Brokers

It is essential that Real Estate Brokers have an understanding of the Real Estate Settlement Procedures Act (RESPA). RESPA is a federal law governing real estate transactions involving…

Read More
lawyer with book hands crossed

Commercial Claims and How Real Estate Licensees Can Avoid Them

The stakes are often high with commercial transactions. To help real estate licensees avoid commercial claims,  we discuss the risks, as well as  real-life cases and our top…

Read More
woman pointing man painting

How Restrictions on Short-Term Rentals Can Affect Property Managers and Real Estate Agents

A growing number of locations are introducing tighter restrictions on short-term rentals. This is posing significant challenges for property managers, especially those who work across different districts. And…

Read More
business team

The Great Resignation – How to Hold onto Your Real Estate Team

Termed "The Great Resignation" by the media, more than 47 million Americans left their jobs in 2021. This phenomenon reflects the increasing desire of many employees to achieve…

Read More
two women in meeting

Overseeing a New Real Estate Licensee in Your California Brokerage

Having a new licensed real estate agent is exciting, yet challenging for the broker of record and the new licensee. Standard protocol for a new real estate licensee…

Read More
scam on computer screen man typing coffee in cup

Avoid Housing Scams and Protect Your Listings (and Clients)

Real estate scams are becoming more and more prevalent. Housing scammers are finding new and sophisticated ways to try and dupe people into handing over their hard-earned cash.…

Read More
houses in a row

How to Communicate with Clients in a Declining Market

Real estate licensees are resilient in any economic climate. Optimism is a strength. However, when it comes to describing conditions in a declining market, licensees need to be…

Read More
AI in mans hands

Augmented Reality and AI Risks for Real Estate Brokers

New technologies such as Augmented Reality (AR) and Artificial Intelligence (AI) are transforming the real estate experience. From virtual tours to chatbots, these tools are adding value to…

Read More

Facebook Ads and Posts for Real Estate Professionals and How to Avoid Discrimination

With more than 2.9 billion monthly active users on Facebook, it’s not surprising that it’s a popular place to promote real estate. As with all advertising, real estate…

Read More
home with short sale for sale sign

Short Sale Deficiencies – Risks for Real Estate Professionals and How to Manage Them

When property owners face financial hardship and can’t afford to pay their mortgage anymore, they may try and sell quickly to avoid foreclosure. They typically take what they…

Read More
credit score on ipad coffee cup

Credit Scores – Risk Management for Property Managers

Ensuring a prospective tenant can afford to pay monthly rent is an important consideration for landlords and the property managers that screen applicants on behalf of landlords. Property…

Read More
eviction notice paper hand with pen

Property Management Evictions and Maintenance: ClaimPrevent® Summary #9

To help reduce your risk, we’ve summarized all our property management posts on handling evictions and property maintenance over the last two years. Use it as a risk…

Read More
man next to woman grabbing pen from another man

How Natural Hazard Disclosure Reports Can Minimize Real Estate Risk (even if they aren’t mandatory in your location)

Sellers must disclose any material defects, problems, or issues with a property that may influence a property’s price or the buyer’s decision to purchase. The actual detail of…

Read More
hand signing on ipad

Using Automated Seller Disclosure Forms – Risks and Benefits for Real Estate Licensees

Technology is moving at a rapid pace and new automation tools are appearing all the time.  Disclosure issues are a major reason that real estate licensees (and sellers)…

Read More
man with beard sitting women with paper standing

Managing Disgruntled Staff: Risk Management for Real Estate Brokers

Managing disgruntled staff can be difficult in any profession. In a real estate brokerage,  disgruntled staff members have the potential to make life very difficult for a broker,…

Read More
fair on coins with house

Property Management Ads and Screening of Applicants: ClaimPrevent Summary #8

Fair Housing Act and Housing Ads Real estate licensees and property managers need to be aware of and comply with the Fair Housing Act. This legislation prohibits discrimination…

Read More
women in blue sweater front of windows writing

Avoiding Biased Appraisals and Discrimination Lawsuits

We all come from different backgrounds, with learned ideas and perceptions based on our experiences. This can contribute to bias, whether conscious or unconscious. Bias, at its core,…

Read More
tree with private property sign

Talking About Zoning with Buyers — Risks and Tips for Real Estate Licensees

Real estate licensees need to act with caution when it comes to talking about zoning with prospective buyers. What may seem like a casual chat can lead to…

Read More
man holding small house 4 hands framing him

What Real Estate Brokers Should Look for When Comparing Business Owner’s Policies

When you own a real estate brokerage, you likely need a Business Owner’s Policy, to combine general liability insurance with commercial property insurance. But not all Business Owner’s…

Read More
man in black shirt inspecting exterior of house

Avoiding Legal Trouble When Working a Real Estate Contract: ClaimPrevent® Summary #7

Once you’re at the offer or accepted contract stage, there are common pitfalls even the most experienced licensee can fall into if you’re not careful -- from inspections…

Read More
man typing with screen open to tasks

Minimizing Risks in Real Estate Transactions with Transaction Management Software

Technology is advancing at a rapid rate in all industries, and real estate is no exception. Transaction Management Software is yet another area of real estate where new…

Read More
4 telemarketers typing on their computers

Do’s And Don’ts Telemarketing Regulations

The Do’s and Don’ts below should give real estate licensees a general understanding of what is required in connection of telemarketing. Violation of the rules could result in…

Read More
notice of foreclosure paper with key

Minimizing Real Estate Licensee Liability When Listing Foreclosure Properties

When you list a foreclosure property, there are risks that can lead to lawsuits if those risks aren’t properly managed. Here’s what to watch out for and how…

Read More
Gavel on a desk with clipboard and toy house

Employee And Independent Contractor Protocol In California

Employee And Independent Contractor Protocol In California Property owners, property managers and real estate agents face a lot of hidden dangers from a risk management perspective in remodeling…

Read More
dark sky difficult ahead sign

Handling Challenges with Clients and Other Licensees: ClaimPrevent® Summary #6

Could your team – and your new hires -- use a refresher on key risk management areas? This ClaimPrevent® Summary touches on critical details about working with clients…

Read More
laptop cyber security man typing coffee mug

How Failing IT Infrastructure Can Cause a Lawsuit for Real Estate Brokers

Failing IT infrastructure can cost real estate brokers money. There can be costly outages and potential loss of systems and important data. Brokers may even face a lawsuit…

Read More
crypto magnifying glass

Cryptocurrency, the FTX Fallout, and Real Estate Transactions

The ripple effect of the collapse of one of the world’s crypto giants, FTX, is now being felt in the real estate industry. The cryptocurrency market was already…

Read More
an apartment being painted with paint cans everywhere

When a Property Owner Wants to DIY: how real estate licensees and property managers can manage the risks

DIY (“do it yourself”) can be an attractive option for a seller or a landlord because it’s cheaper than engaging a professional. But, what about the impact if…

Read More
womans hand holding phone with coffee on table

4 Latest Text Scams in Real Estate and How To Prevent Serious Consequences

Scammers are using sophisticated ways to try and get money from unsuspecting businesses and individuals. Text scam messages are one of the methods that scammers use to try…

Read More
houses in a row

Filling Out the Purchase and Sale Agreement to Avoid Problems: ClaimPrevent® Summary 5

This summary covers the most common problems when completing a Residential Purchase and Sale Agreement from a Risk Management perspective. Use it to onboard new hires or as…

Read More
man and women sitting across from woman with computer

Handling Offers to Purchase Real Estate: ClaimPrevent® Summary #4

This session covers the writing, review, acceptance, and rejection of real estate offers — all from a risk management perspective. Use this ClaimPrevent® summary for onboarding new hires…

Read More
human hand touching AI hand

Artificial Intelligence: Opportunities and Threats for Real Estate Brokers

Artificial intelligence (AI) has been at the forefront of recent media coverage. Some commentators have voiced concerns about AI chatbots replacing human customer service, the possibility of widespread…

Read More
hand holding model of a house and key

Antitrust Laws for Real Estate – How Brokers Can Avoid Anti-competitive Conduct

Antitrust laws in the United States exist to protect consumers. They set the ground rules for fair business practices and competition, and prevent monopolies from occurring. But antitrust…

Read More
living room with white couch

How Using Photo Filters and Editing Property Photos Can Lead to a Real Estate Lawsuit

It’s 2023 and filters are everywhere. There are filters on Instagram®, Snapchat®, and TikTok®, and photo editing tools on smartphones. That’s even without professional tools like Photoshop®. But,…

Read More
female real estate agent with laptop sitting on a couch shaking hands with a couple

Real Estate Seller Disclosures and Working New Listings: ClaimPrevent® Summary 3

This session covers Seller Disclosures, Real Estate Licensee Disclosure Responsibilities, Staging, and Showings from a Risk Management perspective. Use this ClaimPrevent® summary for onboarding new hires or as…

Read More
rain coming out of spout into barrel

Selling Homes With Rainwater Tanks and Water Barrels

Rainwater tanks and water barrels are an asset to a homeowner. They yield many benefits and are often installed as an environmentally-conscious choice that prevents the wasting of…

Read More
keys and magnifying glass with small paper house outline

When Friendly Competition in Real Estate Can Lead to a Lawsuit

Real estate is a competitive industry. A bit of friendly competition is natural, but what if your licensees take it a step too far and won’t cooperate with…

Read More
model of a house with people shaking hands behind it

Natural Hazard Disclosures — What They Are and How They Can Prevent Real Estate Lawsuits

Some locations in the United States are more synonymous with disasters than others — wildfires in California, hurricanes in Florida, and earthquakes along the west coast. However, it…

Read More
woman with headset writing at desk

Who is Responsible for the Actions of Non-Licensed Staff in Your Real Estate Office?

Your real estate office likely has a number of independent contractors working under your brokerage. An independent contractor may have non-licensed assistants helping with answering phones, marketing efforts,…

Read More
law gavel with law book on desk

Know Your Potential Liability Before Turning Away Tenants With Section 8 Vouchers

When prospective tenants ask a real estate licensee if the landlord will  take Section 8, they want to know if the landlord will  accept part of their rent…

Read More
two figures playing telephone blue and red cup

How Using ‘jargon’ in Your Real Estate Business Can Lead to a Lawsuit

Whether you’re assisting a real estate seller or a buyer, your communication skills can create a positive experience or a negative experience for your client. Clear communication is…

Read More
woman in living room by couch fluffing pillow

Selling a Home That Isn’t As Clean As it Should Be

Some clients are amazing and their properties look like show homes 24/7. These gems are a dream to promote and are easy to sell to prospective buyers. But,…

Read More
man with clipboard looking at house

Property Managers: How Timely Maintenance and Repairs Can Prevent Lawsuits

Many responsibilities come with being a Property Manager. It’s not just about finding great tenants and collecting the rent. Managing property maintenance and repairs is an ongoing job.…

Read More
light bulb with risk management text overlaid on top

Real Estate Licensee Responsibilities When Creating New Listings: ClaimPrevent® Summary 2

This session covers licensee responsibilities with new listings, information to be gathered with different seller situations, and creating the public listings — all from a risk management point…

Read More
3 adults in home

Attracting Real Estate Clients and Showing Property: ClaimPrevent® Summary 1

Our new ClaimPrevent® Summary Series explores what brokers should include in inductions for new hires from a risk management perspective. In this first article, we address issues for…

Read More
man women with new home signs

Selling or Buying New Builds or Properties Under Construction

Selling new builds or properties under construction can be challenging for real estate licensees. When dealing with these properties, licensees face risks that are not so common with…

Read More
appraisal time arrows mans feet

Educate Your Real Estate Appraisal Clients on Appraisals vs. Valuations

One of the greatest challenges for a real estate property appraiser is balancing the expectations of your clients. Sometimes challenges arise because a client asks for an appraisal,…

Read More
gavel, scales, law books

June 2022 California Forms Update & Possible Changes In December 2022

This Risk Management Article covers changes to the June 2022 CAR forms and some anticipated December 2022 changes to the Residential Purchase Agreement.   June 2022 changes Seller Possession…

Read More
hands around house

How Real Estate Licensees Can Avoid Lender Fraud Scams

Even the most astute real estate professionals can find themselves embroiled in lender fraud scams. Here’s what you need to know and steps you can take to protect…

Read More
laptop with house on screen

Top Tips for Real Estate Transaction Coordinators: Document Checking to Avoid a Lawsuit

Transaction Coordinators play an important role in real estate transactions. Being organized and paying great attention to detail is critical to your success. You need to stay on…

Read More
illegal legal written on strips of paper

Real Estate Licensees: How You Can Prevent an Unauthorized Practice of Law Claim Against You

California Civil Code section 2079.16 states that buyers and sellers of real estate are advised that California licensed real estate agents and brokers are not qualified to give…

Read More
palm trees plane flying over

Property Manager’s Guide to Going on Vacation… and Avoiding a Lawsuit While Away

Taking time out to go on vacation can be difficult for Property Managers if you manage multiple properties simultaneously, it may not be possible to just drop everything…

Read More
man stacking coins and house

Procuring Cause and Real Estate Selling Commission Disputes — 3 Things You Need Know

A buyer canceled the purchase contract on a property with her first broker. Then, the buyer went into contract again on the same property, using a buyer’s agent…

Read More
legal agreement between two people

CRES Risk Management Webinar: What real estate professionals should do if served with a subpoena in Nevada

Attorney Kathryn Holbert has been defending real estate professionals for more than 15 years. In this webinar, Kathryn provides insight into what you should do in Nevada if…

Read More
3 people in empty room - showing

“Steering” in Real Estate: How to avoid it and stop lawsuits in their tracks

Steering is a method of discrimination in real estate. It happens when a real estate licensee influences a buyer or prospective tenant’s choice of housing because of their…

Read More
house with hands surrounding it

Managing Risks When Selling or Buying Condos or Properties Covered by a Homeowners Association

Condominiums and other properties covered by a Homeowners Association have specific challenges that ordinary properties don’t have. Often, they have strict rules and regulations that can  sometimes be…

Read More
Back To Top