Blog
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…
How to Sell Older Homes That May Contain Hazardous Materials
Selling older homes can be a challenge. Unlike more modern properties, they may contain a range of hazardous materials that are no longer commonly used in modern construction…
Your Real Estate Licensees Can Give Home Sellers Breakthrough Disclosure Protection
Many a lawsuit has happened because a buyer finds an issue post-closing and blames the seller for not disclosing key defects. Even when sellers have been honest in…
RESPA Compliance for Mortgage Brokers
RESPA compliance often comes up as an area of concern for real estate licensees, but it’s equally as important to mortgage brokers. As a mortgage broker, you may…
What Real Estate Licensees Need to Know to Ensure Compliance with the New Equality Act
In June 2022, The White House announced that President Biden continues to call on the Senate to pass the Equality Act. The legislation, if passed, will provide long…
Do You Know Your Duties and Liabilities as a Trustee of a Home in a Trust?
Have you ever handled a home in a trust? Property in a trust can bring specific concerns and issues: How do you deal with a non-cooperative owner? What…
Why Your Specific Real Estate Activities in the Past MUST Be Covered in All Future E&O Policies
Real estate licensees can find themselves in a challenging situation if they haven’t read the fine print when switching insurers. Not having current coverage for SPECIFIC past activities…
Can Landlords Impose Mandatory Vaccinations for Tenants?
As a property manager, you may come across landlords that want to impose mandatory COVID-19 vaccinations. The pandemic has caused significant discussion and, in some cases, debate about…
The Pros and Cons of Using Real Estate Broker Management Software
There are a variety of tools and software available to help brokers to manage their real estate business. Sometimes it can be difficult to choose the best options…
Dual Agency Question: 1031 Exchange Delayed … Who Pays the Buyer’s Rate Lock?
In dual agency, the real estate licensee acts on behalf of both the buyers and sellers, and has fiduciary duty to both parties. Dual agency can be appealing,…
Risks and Benefits to Real Estate Appraisers of Automated Valuation Models and Appraisal Software
Advances in technology are helping businesses around the world to operate more efficiently, smarter, and more effectively than ever before. In the real estate industry, supporters of Automated…
Real Estate Brokers: Commingling of Funds Will Lead You Straight to Court
Many things in real estate can lead a broker straight to court and a costly lawsuit. Commingling of funds is one of those things. Illegal commingling is when…
How Real Estate Licensees Can Avoid Housing Voucher Discrimination
The Federal government’s Housing Choice Voucher Program assists very low-income families, the elderly, and the disabled to afford safe, decent, and sanitary privately-owned rental housing. In certain circumstances,…
Should the Seller Disclose Murder that Might Have Happened in the Home?
Your sellers just told you they’ve learned there may have been a murder in their home in 1975. The claim hasn’t been verified, but the sellers wonder if…
Transaction Coordinator Fees and RESPA Violations
In recent years, transactions using Transaction Coordinators (“TCs”) have increased. This article examines risk management issues surrounding not only the charging of TC fees but also the scope…
What Insurance Does an Escrow Officer Need?
Escrow Officers have a significant responsibility in real estate transactions. Accuracy and attention to detail are important. There are many risks involved and if something goes wrong, an…
Creating a Slander and Libel-Free Culture at Your Real Estate Brokerage
As a broker, you can be held responsible for something one of your team says or does. Slander and libel are real concerns, and if one of your…
Paranormal Activity — Selling a Home With a Reputation
Failure to disclose is a major reason real estate licensees find themselves facing a lawsuit. But what about things you may not personally believe in, like paranormal activity?…
Real Estate Brokers: Are You Responsible When Others Comment on Your Facebook Page?
With around 2.9 billion users, there’s no disputing that Facebook can offer a great space to promote your real estate brokerage and listings. It offers a level of…
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:…
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…
8 Most Common Ways for Real Estate Licensees to Avoid Litigation (a CRES Risk Management Webinar)
8 Most Common Ways for Real Estate Licensees to Avoid Litigation | RSS.com Learn 8 key ways to avoid the most common areas of litigation in this webinar…
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…
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…
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…
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…
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…
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…
Webinar: Nevada Seller’s Disclosure Form
VIDEO WEBINAR SUMMARY 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) …
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,…
What Insurance Does a Real Estate 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. …
CRES Risk Management Webinar: How to Prevent Fair Housing Complaints with Rental Ads and Application Reviews
How to Prevent Fair Housing Complaints with Rental Ads and App Reviews | RSS.com In this webinar, James Myer from Chartwell Law, and Dave Miller, Regional Vice President…
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 your state (for example, California) may require you to do a ‘visual inspection’…
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…
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…
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…
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,…
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…
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…
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…
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…
Why Real Estate Brokers and Licensees Should Not Order 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…
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…
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…
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…
How Can Real Estate Licensees Fight Claims Before They Happen?
Lawsuits can do serious damage to your reputation as a real estate professional. It can be expensive to defend claims, and it could cost you your business. So…
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…
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,…
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…
7 Things Your Coronavirus Policy Should Cover
With the introduction of COVID-19 vaccines, some normality is returning to the community and the business world. But, an internal Coronavirus Policy is still important for real estate…
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…
Eviction Moratorium Ends in Mississippi
On August 26, 2021, the United States Supreme Court ruled in favor of upholding a District Court’s Judgment vacating CDC’s Second Eviction Moratorium. The Second Moratorium had prevented…
Why Real Estate Licensees Shouldn’t Make Representations About Permits — and How to Protect Yourself
It’s common for real estate licensees to pull the permit file and include it in the disclosure packet. But this can be risky and make you vulnerable to…
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…
Florida Property Management — Eviction Moratorium Update
On September 4, 2020, the Center for Disease Control and Prevention (CDC) issued a moratorium on evictions nationwide. Since that time, several extensions of the moratorium have occurred;…
California’s COVID-19 Residential Eviction Moratorium
California residential renters that are struggling to pay rent during the Covid-19 pandemic are shielded from eviction through September 30, 2021: Tenants have a defense in court should…
End of Eviction Moratorium – Impact on Arizona Landlords
On September 4, 2020, the CDC issued an order declaring a national eviction moratorium, which was extended several times. In May 2021, the U. S. District Court for…
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…
CRES Risk Management Webinar: Non-Contingent Offers, Wire Fraud in New Ways, Home Hardening, Eviction Moratorium
The California real estate market has experienced extremely low inventory, but things have started to normalize in recent weeks. In this webinar, attorney Mark Carlson from the Carlson…
What Is a Subpoena when issued to a Real Estate Licensee?
A subpoena is an order issued by either an attorney, court clerk or a judge. Subpoenas in real estate are used to obtain records and information from people…
