Blog
How to Avoid Real Estate Lawsuits when Working as a Dual Agent
Dual Agency, where the real estate agent is acting on behalf of both the buyers and sellers, can be very attractive to some agents. Not only does acting…
How to Avoid a Real Estate Claim Due to Disclosure Confusion
Has a property you were selling ever received an unfavorable inspection report? You know that you need to disclose negative reports, but how do you do that legally?…
What To Do and Not Do When the Threat of a Real Estate E&O Claim Hits
As a real estate professional you will most certainly cross paths with a potential E&O claim during your career. So, what do you do? And what shouldn't you…
Real Estate Listing Marketing — What to Watch for to Avoid a Real Estate Lawsuit
It can’t be stressed enough -- getting real estate transaction details in writing is so critical when it comes to documenting a client’s home sale or purchase. Emails,…
Why You Shouldn’t Buy Real Estate E&O Insurance from a General E&O Company
Real estate E&O insurance is unique from other types of business insurance. Each real estate transaction can present a different set of risk considerations, challenges and regulations to…
How to Be Protected From Real Estate Open House and Showings Lawsuits
Did you know that most real estate E&O insurance policies don’t offer coverage for claims that arise due to injuries or property damage at open houses and showings?…
How to Reduce Your Real Estate E&O Insurance Deductible
A retention is your total out-of-pocket expense paid before your insurance kicks in. The retention limit on your real estate E&O insurance policy is going to function in…
Claim Prevention E&O Toolkit: Tools to Avoid a Real Estate Lawsuit
When does real estate E&O insurance protect you far beyond the typical policy? When the E&O insurance actually helps you every day — with access to claim prevention…
What To Do When Your Words Cause a Real Estate Lawsuit Risk
Misunderstandings happen. Like the time Lisa, a mortgage broker, told a buyer they were “good to go.” Lisa meant that the buyer had submitted everything she needed to…
Legal Review: What Is a RESPA Violation?
The purpose of the Real Estate Settlement Procedures Act (RESPA) is to prevent abusive settlement charges that plagued this country’s real estate industry in the past — and…
The Benefits and Risks of Home Video Surveillance When Selling a Property
Many homes these days have surveillance equipment ranging from high-tech motion detector and video cameras to so-called “nanny-cams.” Not surprisingly, home sellers use such equipment either to protect…
Your Real Estate E&O Insurance Q and A
Real estate Errors and Omissions insurance and claims prevention doesn't have to be complicated or scary. See our Ultimate Guide to Understanding Real Estate Errors and Omissions insurance…
Why Every Real Estate Business Needs a Cyber Security Plan to Combat Fraud
Cyber security is a real and increasing issue for the real estate industry. Because you manage transactions that typically involve hundreds of thousands to millions of dollars, you…
The Significance of the Liquidated Damages Provision in the Residential Purchase Agreement
The vast majority of real estate agents and brokers are familiar with pre-printed purchase contracts for land such as the Residential Purchase Agreement and Deposit Receipt published by…
Permit History Reports: A Tool to Prevent Real Estate Lawsuits?
You may have discovered that Permit History Reports can be difficult for real estate agents to access. Typically, you have to check with city and county offices depending…
Report a Potential Real Estate E&O Incident Real-time to Reduce Risk of Coverage Denial
Understand Your Real Estate E&O Insurance I had a claim denied for failing to meet the reporting requirements under the policy terms. What does that mean? One common…
Pocket Listings: Work in Your Client’s Best Interest and Minimize Your Risk
Should you consider a pocket listing? A pocket listing may be appropriate when your client doesn’t want others to know their home is for sale, or when a…
Pocket Listings: A dying breed or a renewed reality? Is there any benefit, and if so, is it worth the risk?
Though many consider “coming soon” listings to be unlisted properties that will, at some point, be listed on the MLS, in many instances, a “coming soon” listing is…
Legal Duties in Residential and Commercial Transactions of a Licensed Real Estate Agent or Broker
Introduction - The Law and Primary Issue California Civil Code section 2079 sets forth the statutory duty of a real estate licensee in the State of California to…
ClaimPrevent® Risk Management Legal Advice to the Rescue
Have you ever overlooked something small that could have big repercussions? Most real estate professionals have. But this is just one case where some Risk Management, aka 'claim…
Is Direct Mail Marketing Effective for Real Estate Professionals?
Let’s cut right to it—does direct mail marketing work for real estate agents and brokers? Yes. According to DMA.org, direct mail marketing remains an effective way to reach…
Baby Boomer Real Estate Trends: They Will Surprise You
There are currently around 78 million baby boomers. According to a survey by the AARP, 87% of baby boomers said they wanted to stay in their homes upon…
Eco-friendly Home Buyers: What They Want and How You Can Meet Their Needs
These days looking green and being green are two very different things. As the eco-friendly movement has picked up momentum over the last twenty years, a shift has…
How to Use Drone Technology to Sell Real Estate
Drones stepped onto the real estate scene almost as soon as they hit the commercial market. Drone footage gives an online posting a professional, high-end touch and allows…
Common E&O Claims Made Against Real Estate Professionals
You can do everything within your power to prevent a real estate errors & omissions claim. You can, with the best intentions, give every detail the highest amount…
How to Avoid a Real Estate Lawsuit
Real estate professionals are vulnerable when it comes to a lawsuit. Real estate is a big business, with multiple parties, lots of moving parts, and ever-shifting market regulations…
How to Advise Foreign Language or Visually Impaired Real Estate Clients
Advising a client who is sight impaired or who cannot read or write in the English language Over the years as a real estate attorney in litigated and…
Top Seven Real Estate Lawsuit Risks for Agents
You can do everything within your power to prevent a claim, but you cannot guarantee a career free of claims or litigation. There are many moving parts and…
I’ve Had A Data Breach – Now What?
A business that maintains records that include a customer’s name along with any one of the following: signature, social security number, address, telephone number, physical description, passport number,…
Disposal of Files
Business and Professions Code Section 10148 requires that a real estate licensee maintain his or her file for 3 years after the transaction closes or for 3 years…
When Does a Real Estate Agent’s Legal Duty Cease in California to His or Her Client?
In recent months I have handled an increasing number of risk management inquiries for real estate agents and brokers on the issue of when does a real estate…
What Is Psychologically Impacted Property?
Colorado has adopted a statute that excuses sellers of residential real estate and their brokers from having to disclose certain facts that may psychologically stigmatize real property. Unfortunately,…
Top Five Millennial Real Estate Trends
Millennials account for more than 32 percent of the US housing market. They are the largest generation to date and make up 68 percent of all first-time homebuyers…
CAR New Wire Fraud Advisory
Cyber crime targeting wire transfers is on the rise. Criminals have developed viruses that hack into email accounts of buyers, sellers, real estate agents and escrow companies. The…
The Purpose of a MLS Listing of Real Property in California
Throughout California, there are many local real estate associations that provide an electronic service used by real estate agents and brokers called the “multiple listing service” (MLS). This…
Smarter Prospecting: How to get better results
Prospecting is a unique blend of skill, intuition, preparation, fate and detective work. It is the lifeblood of any real estate career. Some say it’s all about cold…
A Real Estate Licensee’s and Seller’s Duty to Disclose All Prior Inspection Reports on a Listed Property
The duty to disclose all that is material affecting price paid or desirability Over the years, I frequently come across risk management inquiries involving whether a seller and…
Get to Know CRES, Your Real Estate E&O Specialists for 25+ Years
We have been at this for a while. More than twenty-five years, to be exact. In that time we have watched our company grow to insure and support…
Is Your Website ADA Compliant? —A New Cyber Risk
The purpose of the Americans with Disabilities Act (ADA), enacted in 1992, is to assure equal access and services to disabled individuals. The ADA makes it unlawful to…
How to Prevent a California Civil Code Section 1088 Violation
California Civil Code section 1088 Many real estate agents are not familiar with the provisions of California Civil Code section 1088. I am quite familiar with this provision…
Americans with Disabilities Act Website Lawsuits
The 1990 “Americans with Disabilities Act” (hereinafter “ADA”) is a federal civil rights law designed to prevent discrimination based upon one’s disability. Disabilities covered, but not limited to…
Real Estate Selling Points and Hot Buttons: Logic vs Emotion
Real estate is a highly unique product. No two buyers are identical and neither are the buying situations. And while we can and do ask the client all…
Emails versus Texts in a Real Estate Transaction
The best way to prevent a claim or lawsuit against yourself as a licensed professional is to memorialize what was discussed in writing with your client starting with…
Your Master Plan for Buyer and Seller Open House Follow Up
You will encounter four distinct groups of people to follow up with at open houses: The Looky-loos: Unqualified ‘buyers’ who have no idea what they want, how much…
Are You Protected from Prior Acts? A Guide to How Far Your Real Estate E&O Protection Extends
There are varying levels of understanding among real estate licensees about how Errors and Omissions (E&O) insurance protects them from claims and lawsuits involving prior transactions . …
Real Estate Crime is on the Rise: How to protect yourself and your clients
“Stranger danger” is not just for kids anymore. It applies to you, your coworkers, and your clients. The real estate industry has seen a lot of crime through…
How Can a Property Manager Minimize Exposure in Landlord Tenant Relations?
With the resurgence of the California real estate market, many of my real estate clients have diversified their business and have become involved in real property management. In…
Top 7 Characteristics of Successful Real Estate Professionals
There’s an abundance of books and websites dedicated to the perfect formula for success. Some business gurus focus on networking, others claim daily habits are the way, and…
The Pros and Cons of Binding Arbitration
Many times I have consulted with my real estate clients as to the advantages and disadvantages of binding arbitration to resolve a dispute concerning real property as opposed…
Understanding the Ever Changing Landscape of the National Flood Insurance Program (NFIP)
If you even have the potential of working with properties that fall within a flood zone, you need to stay informed on the National Flood Insurance Program (NFIP)…
Team: There’s More Than a Name To Consider When Deciding Where To Hang Your License
For newly minted real estate professionals, the decision to join a firm or go it alone isn’t always up to you. Many states require that new realtors spend…
Cancellation of Contract or Escrow Considerations
Invariably I have come across disputes in real estate sales, where a cancellation of contract, release of deposit and cancellation of escrow on a California Association of Realtors®…
What is a Fixture and How to Prevent Misunderstandings After Close
California Civil Code section 660 defines a “fixture” as follows: “A thing is deemed to be affixed to land when it is attached to it by roots, as…
Why portable liability coverage is essential for today’s real estate professionals
Real Estate Professionals are in a unique situation in the modern economy. You walk the line between relying on the real estate E&O of your real estate brokerage…
How to Prevent a Department of Fair Employment and Housing (DFEH) Complaint
California’s Department of Fair Employment and Housing (DFEH) maintains the authority to investigate complaints of discrimination in the areas of employment, housing, public accommodations and hate violence. Many…
How to Successfully Work with First-Time Homebuyers
Owning a home is still an American dream. Regardless of what has happened in the last 10 years with the real estate bubble and subsequent financial crisis, Americans…
The “Procuring Cause” Claim
Over the years of handling risk management matters, I invariably see disputes where the real estate agent who was not the listing or selling agent on a closed…
The Digital Dangers of the Real Estate Profession
As a real estate licensee, you allow consumers to search your real property listings, photographs, videos, public records and other real estate information over the Internet and/or provide…
Is There Advantage to Listing Homes During Holiday Season?
The holidays are a busy and emotional rollercoaster for the majority of American families. Parties, school and religious events, shopping—there is a lot to do. And since the…
Protect Your Seller with their Own E&O Policy and Increase Your Listings
A Seller’s Protection Plan (also called Seller’s E&O) covers your client with up to $25,000 to pay for attorney’s fees and/or damages in the event of a claim…
