Blog

Risk Management Guidelines

Risk Management is the first line of defense against claims. We want to hear from you as soon as you think you might have an issue… not just when you actually have a claim. Our Program is pro-active and helps you prevent many claims in the first place and reduce the cost of others. ReviewRead More

Allowable Referrals and Commission Splits in California Real Estate Transactions

In California, the Bureau of Real Estate and California law permit a licensed real estate brokerage to pay a referral fee for a real estate transaction to a person not licensed by the Bureau of Real Estate, only if the person who is to get such a fee was not soliciting on behalf of theRead More

Louisiana New Home Warranty Act & the LREC Property Disclosure Form

This post is in response to the Louisiana New Home Warranty Act, La. R.S. 9:3141 et seq., and the mandatory Louisiana Real Estate Commission (LREC) property disclosure form. Case: Stutts v. Melton, 2013-0557 (La. 10/15/13), 130 So. 3d 808, 810, reh’g denied (Dec. 6, 2013). Facts: A builder/seller completed construction of the residence at issue inRead More

Abandoned Renter Property

In Colorado, professional property managers are required to have a real estate license. Colo. Rev. Stat. § 12-61-101(2)(a)&(b); see also CP 27 (Commission Position on the Performance of Residential Leasing Property Management Functions Adopted August 1998 – Revised August 2013). Brokers acting as property managers find themselves in unique situations, often times facing a dilemmaRead More

Property Management Companies and Security Deposits

In recent months, I have handled an increasing number of risk management inquiries for real estate agents and brokers who are property managers for property owners who rent out residential properties. The most common disagreement between landlords and tenants for years has been over the refund of the tenant’s security deposit after the tenant hasRead More

Dual Broker/Associate Licensee Beware!

If being a real estate broker or salesperson acting in a dual agent capacity was not already risky enough, the California Court of Appeal just made it even more dicey. Real estate brokers and associate licensees know that the risk is great in acting in a dual agent capacity, but the reward most of theRead More

Solar Power Systems — a Hot Topic!

Issue – Solar Power Systems are Fixtures When we think of fixtures that are included in the sale of a property, it is likely that some Brokers and Agents have not considered the application of the modern day solar power system. Similar to a hot water heater, a furnace, or other major component, the solarRead More

How to Report a Claim

What to do in the Event of a Claim 1. DON’T PANIC! Many of the claims made against Brokers and Agents are frivolous and will go away with a proper response from our Legal Forum. It is important to remember that a claim does not always mean a lawsuit served on you. A Claim may be aRead More

“Stress Less” Hotline

What makes CRES different from other Real Estate E&O providers?  Other E&O providers ask you to contact them when you actually have a claim, while CRES wants to hear from you the moment you think you have an issue that might become a claim. Our risk management attorneys are here to assist you in resolvingRead More

Multiple Offers

Guest blog written by B. Blake Cox B. Blake Cox  | www.lawsnakard.com Mr. Cox graduated from Texas Tech University in 1982 with a Bachelor of Arts Degree; and graduated from Texas Tech University School of Law in 1986 with a Doctorate of Jurisprudence. Mr. Cox’s practice centers primarily on civil litigation involving the defense of service providers suchRead More

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