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When a Real Estate Seller Doesn’t Disclose a Known Defect

Seller disclosure requirements vary from state to state. However, most state disclosure requirements relate to material defects in the home. Examples of material defects include things such as:…

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What Insurance Does a Transaction Coordinator Need?

Transaction Coordinators play an important role in supporting real estate brokers and licensees to close transactions faster and more efficiently. It comes with a huge responsibility, because closing…

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8 Most Common Ways for Real Estate Licensees to Avoid Litigation (a CRES Risk Management Webinar)

Learn 8 key ways to avoid the most common areas of litigation in this webinar with lots of examples (complete transcript appears below). Some details are specific to…

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What Insurance Does a Mortgage Broker Need?

Mortgage Brokers play an important role in real estate transactions. But, as with other professions in real estate, you face many risks in your everyday business. Oversights, errors…

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Mandatory COVID Vaccinations and Your Real Estate Brokerage

With the continued rollout of COVID-19 vaccines to curb the spread of the coronavirus, some employers are making vaccination compulsory for their staff. Some companies are even going…

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Property Managers: How to Tackle Evictions and Avoid a Lawsuit

The Centers for Disease Control and Prevention’s nationwide moratoriums on evictions ended in August 2021. This was a key protection for tenants during the pandemic to ensure people…

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How to Identify Red Flags in Sophisticated Real Estate Fraud Scams

Criminals are increasingly more sophisticated.  They infiltrate real estate transactions to defraud parties out of their money. Most real estate professionals know that wire fraud has been around…

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Gavel House

How a Typo Can Cause a Real Estate Lawsuit

Typos happen every day. If your team is busy writing up multiple listings, contracts and property marketing materials, they’re bound to happen. Unfortunately, even the most innocent of…

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Real Estate Licensees Still Need the Protection of a Home Warranty

Low interest rates and even lower inventory has created a strong real estate sellers’ market.  Sellers listing their properties for sale are receiving multiple offers  ̶  and frequently…

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Gavel and judge signing document

CRES Risk Management Webinar: Nevada Seller’s Real Property Disclosure Form

What duties do Nevada real estate sellers’ agents have regarding the Seller’s Real Property Disclosure Form? A new Seller’s Real Property Disclosure Form (SRPD)  was released in Nevada…

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Everything You Need to Know About Disclaimers for Your Real Estate Business

Disclaimers are a real estate licensee’s best friend. They can help to minimize your risk and can be used in many areas of real estate including listings, emails,…

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Jenga Blocks Insurance

What Insurance Does an Appraiser Need and Why?

Insurance is critical for all real estate professionals. For appraisers, you want to be confident that your insurance covers the exact risks you face in your appraisal business.  …

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CRES Risk Management Webinar: How to Prevent Fair Housing Complaints with Rental Ads and Application Reviews

In this webinar, James Myer from Chartwell Law, and Dave Miller, Regional Vice President with Fidelity National Home Warranty, talk about how real estate professionals can prevent discrimination…

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How Real Estate Licensees Should Properly Conduct a Visual Inspection Before Listing a Property

Real estate licensees aren’t required to do a professional building inspection for your listings. But you do have a responsibility to do a ‘visual inspection’. Here are some…

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Making Decisions About Dual Agency Arrangements Within Your Real Estate Brokerage

A dual agency arrangement is where the same licensee is representing the buyer and the seller. It also extends to the representation of the landlord and the tenant…

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When Omissions Get Real Estate Licensees In Hot Water

Usually, when you say ‘omissions’ in real estate, people think immediately about disclosures. Failure to disclose defects or major issues with a property is a major reason that…

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Real Estate Licensees Beware of Zillow Purchase Agreements

In many transactions, Zillow acts as seller and insists on using its own purchase agreement. Below are issues you should consider when advising your buyers whether/how to use…

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Rental Ads Cannot Prohibit Applicants Based on Criminal History

IMPORTANT ALERT REGARDING RENTAL ADVERTISEMENTS: UNDER THE FAIR HOUSING ACT, AN ADVERTISEMENT CONTAINING A BLANKET PROHIBITION REGARDING A RENTAL APPLICANT’S CRIMINAL HISTORY CAN CONSTITUTE, IN AND OF ITSELF,…

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diving board in a residential pool

Selling a Home with a Diving Board

Are you a real estate licensee trying to sell a home with a diving board? While pools and spas are a common property feature, diving boards are not…

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Dealing with Real Estate Clients Who Have a Mental Illness

According to the National Institute of Mental Health (NIMH), one in five adults living in the United States lives with a mental illness. This includes more common issues…

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How To Stop Your Real Estate Licensees from Going Rogue

As a real estate broker, you always try to recruit the best possible licensees. Those that share the same vision and values, and people who you can lead…

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CFPB and DOJ Issue Notices About Legal Housing Protections for Military Families

The Consumer Financial Protection Bureau (CFPB) and the U.S. Department of Justice (DOJ) have issued notices to landlords and housing providers, as well as mortgage servicers, regarding protections…

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Brick House sold

Why Real Estate Brokers and Licensees Should Not Request Inspections

As a broker, we know you want to be helpful to your clients. You want your team to be helpful too and provide a high level of customer…

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Finger Pointing Law

How Accidentally Saying the Wrong Thing Can Lead to a Real Estate Lawsuit

Accuracy matters in real estate. A licensee can accidentally say the wrong thing and cause a lawsuit. Here are some things to watch out for to avoid a…

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Green House Keys

Real Estate E&O Tail Coverage – Everything You Need to Know

Tail E&O Coverage for real estate professionals ensures you’re covered for past transactions, even after your E&O insurance coverage has lapsed. It’s especially useful if you’re retiring or…

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hand holding house

When Real Estate Professionals Buy a Home Warranty for a Listing to Seal the Deal

Have a listing that just isn’t moving? Is it an older property? Might it attract first-time buyers? More Real Estate Licensees Purchasing a Home Warranty Plans It’s becoming…

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How to Cultivate a Culture of Equity and Inclusion Among Your Real Estate Team

In your role as a real estate broker, you and your team will deal with people from different backgrounds, races, cultures, ages, genders and occupations. To run a…

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Do You REALLY Know What Your Real Estate Team Members Are Doing?

Coming off the challenges of the pandemic, your real estate business may now be booming. With some real estate professionals feeling there aren’t enough hours in the day,…

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man in suit pointing finger at camera

How to Avoid Real Estate E&O Claims Responsibly and Eliminate Finger-Pointing

As a real estate professional, you always want to come across as knowledgeable and helpful to your clients. However, you could find yourself facing a lawsuit if you…

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New Mexico Update on Eviction Moratorium

The U.S. Centers for Disease Control and Prevention (CDC) issued a new order that would stay evictions for most renters impacted financially by the COVID-19 pandemic until Oct.…

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How to Handle Negative Online Reviews For Your Brokerage

According to the Pew Research Center, 85% of Americans go online daily. That percentage includes 31% of people who report they’re online almost constantly and 48% who say…

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Selling a ‘Stigmatized’ Property

According to the NAR, a ‘stigmatized’ property is a place that has been ‘psychologically impacted by an event which occurred or was suspected to have occurred’. It’s where…

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What Is a Subpoena in California?

A subpoena is an order issued by either an attorney, court clerk or a judge. Subpoenas are used to obtain records and information from people or entities who…

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How to Help Your Real Estate Clients Avoid Deed Fraud and Scams

Deed fraud is on the rise, and real estate agents must be vigilant to help clients avoid these increasingly sophisticated scams.  What is Deed Fraud? It typically involves…

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5 Tips to Create an Effective Risk Management Framework for Your Brokerage

Every small business can benefit from having a risk management framework in place to minimize risk, liability and lawsuits. But for real estate brokers, it’s truly essential to…

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6 Pitfalls When Selling Homes That Need to be Demolished

Selling homes that need to be demolished can be challenging for real estate agents. There are safety issues and other potential risks to consider. If you want to…

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How To Prevent a Ransomware Attack

Your real estate brokerage, mortgage brokerage, property management company, or appraisal company is dependent upon electronics to function on a day-to- day basis from emails, online research, electronic…

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CRES Risk Management Webinar: Risks to Real Estate Licensees Representing Sellers When Low Inventory

There are extremely low inventory levels for housing across multiple states right now. A significant portion of the real estate market are individuals who are simultaneously selling a…

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CRES Risk Management Webinar: Possible Pitfalls of Real Estate Whisper Listings

Given the current Seller’s market and scarcity of homes for sale, office- exclusive listings (also called whisper listings) have become a more common occurrence.  In this situation, a…

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6 Tips to Deal With Cluttered Properties and Minimize Your Risks

Clutter is a problem for 50% of Americans who say they’re overwhelmed with it. Clutter can mean a garage you can’t use for a car, money wasted on…

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California’s Home Hardening Fire Disclosure Law

The State of California enacted legislation on 2019 effecting homeowners beginning January 1, 2020 who place their homes on the market to sell. Any seller after construction of…

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woman on street with umbrella in the rain

Property Showings on Rainy Days — How to Minimize the Risks

Real estate professionals face risks every day, especially from property showings and open houses. And when you’re trying to conduct showings or open houses  on rainy days, that…

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CRES Risk Management Webinar: Escalation Clauses, Appraisal Addendums, and More

In a hot seller’s market, there are increased risks for real estate professionals. And we’ve uncovered more of them in looking specifically at Nevada. In this webinar, attorney…

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aerial view of Denver, Colorado city view

CRES Risk Management Webinar: Owner Licensing for Long-Term Rentals – Denver County

Denver City Council recently passed a new bill that imposes licensing restrictions on long-term rental property owners. In this webinar, attorney Anthony Lally from White & Steele, and…

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vacant bedroom with backpack

How to Sell Property Where Squatters Have Lived and Reduce Your Risks

Squatting is the unauthorized use of a property. It’s trespassing without the permission of the landowner, and usually over a significant period of time.  If you’re a real…

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person signing house sale contract with image overlaid of house keychain and keys

CRES Risk Management Webinar: Contingencies, Multiple Offers, Deadlines, and More — Preventing Claims in a Hot Real Estate Seller’s Market

In many markets right now, there's a limited amount of inventory and a surging demand for property. In this “hot seller’s market” with fast-moving properties, real estate professionals…

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team meeting with woman taking notes

How to Support New and Inexperienced Real Estate Licensees to Minimize Risk Exposure

In 2020, 17% of all real estate licensees had less than one year of experience, according to the NAR. You have to start somewhere, and recruiting and training…

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open house sign on sidewalk

Updated Guidelines in California for Real Estate Open Houses – May 2021

On May 12, 2021, the California Dept. of Public Health (CDPH) updated its guidance on open houses to allow in-person showings of properties, such as open houses.  The guidance states that…

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