Disclosure Issues

file cabinet with hanging files

Why Real Estate Agents Shouldn’t Make Representations About Permits — and How to Protect Yourself

It’s common for real estate agents to pull the permit file and include it in the disclosure packet. But this can be risky and make you vulnerable to a permit-related lawsuit. Here are the reasons why: 1. Permit Files May Be Incomplete or Contain Errors A permit file doesn’t show unpermitted work. It only showsRead More

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5 Common Pitfalls When Filling Out the Residential Purchase Agreement + Properly Handling Dual Agency

The Residential Purchase Agreement is the most important form in a real estate transaction. But it’s also the cause of most of the litigation that occurs in real estate. In this webinar, Mark Carlson, attorney from Carlson Law Group and Dave Miller, who manages the CRES Advantage Home Warranty Program, discuss 5 key issues toRead More

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Selling a Home Where There’s an Active Neighbor Dispute

Neighbor disputes are relatively common. From boundary disputes to barking dogs, relationships between neighbors aren’t always on friendly terms. While living with neighbor disputes is problematic for many homeowners, trying to sell their home when there’s an active neighbor dispute can be extremely difficult.  For the real estate agent, selling a home where there’s aRead More

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The Pitfalls of Failing to Disclose in Real Estate: a CRES Risk Management Video Webinar

The majority of real estate E&O lawsuits are a result of failures to disclose. In this webinar, Mark Carlson, attorney from Carlson Law Group and Dave Miller, Regional Vice President with Fidelity National Home Warranty, discuss the pitfalls of failing to disclose.  Whether it’s a simple mistake or an intentional failure to disclose, you canRead More

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Avoiding a Conflict of Interest Situation at Your Real Estate Brokerage

Real estate professionals can find themselves facing a lawsuit for any number of reasons. Conflicts of interest situations are one of those reasons — especially if you have a conflict of interest, and you don’t declare it.  Real estate agents have a fiduciary obligation to each client, so there’s an expectation that client interests willRead More

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When Real Estate Sellers Don’t Want to Disclose — and What Buyers Should Be Wary of

Have you ever encountered a seller who doesn’t want to disclose? In many states, certain things must be disclosed. To facilitate this, states like Colorado have a Real Estate Commission- approved Seller’s Property Disclosure form. What happens when the seller chooses not to complete the disclosure form?  In Colorado, use of the disclosure form isn’tRead More

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The 5 Most Common Seller Errors That Can Lead to Real Estate Lawsuits

Sellers can find themselves in hot water for any number of reasons, but there are 5 most common seller errors that can lead to lawsuits. Here’s how to avoid them and help your sellers to stay out of trouble. Not Disclosing All Past Property Problems In their enthusiasm to sell their property, sellers may notRead More

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Due Diligence Checklist for Your Team for Real Estate Transactions

Due diligence is an important part of any real estate transaction, whether you’re representing the buyer or the seller. When advising clients about due diligence, it’s important your team is all on the same page. Consistency is key to both protecting your valued clients, your team members, and your real estate brokerage.  Due diligence ensuresRead More

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Airbnb and the Impact on Real Estate Sales

Airbnb has transformed the accommodation market and shaken up the property market in the process. The platform currently has 7 million listings worldwide across more than 100,000 cities, in more than 220 countries.  Critics have spoken widely about the lack of regulation of the home-sharing platform, along with the impact on rental prices. All theRead More

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Selling a Home Where Drug Activity Has Occurred

Selling a home where there’s been drug activity can be problematic for any real estate agent. There are potential safety issues for you, your team, and prospective buyers when you’re showing the home. There’s also the possibility of a lawsuit if a buyer is unaware of the drug activity and finds out after purchasing. So,Read More

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