Disclosure Issues
When There’s Mold in Real Estate
Mold litigation has expanded, and is now being brought by property owners/buyers, employees, tenants, or merely building occupants dealing with mold in real estate. These claims gained a lot of publicity (for example, the Ed McMahon lawsuit). Yet, the science regarding mold and whether it can cause significant or permanent health effects is not established.Read More
“My Client’s Home Was Destroyed in the Wildfires – Now What?”
In early October 2017, a series of 250 wildfires started burning throughout Northern California, bringing terror and destruction to the region. The wildfires broke out throughout Napa, Lake, Sonoma, Mendocino, Butte, and Solano Counties. These fires included the Tubbs Fire (which grew to become the most destructive wildfire in the history of California), the AtlasRead More
Selling A Home Where Someone Died – A Guide To Your Disclosure Responsibilities
Disclosures vary in every state, but most relate to material defects and physical things which are wrong with the home. What if you’re selling an amazing property which has everything going for it, but there’s a catch – someone has died in it. Even if it’s not a recent death, you need to be awareRead More
Disclosing and Documenting Before Closing
Document All Client Advisories about Third-Party Experts Do you advise your clients in writing to consult with third-party experts before closing? And if you do, do you document it in the client’s file? If you want to reduce your risk of a real estate lawsuit, the answers should be yes and yes. I’ve defended manyRead More
Real Estate Agents: Understanding Easements and How to Minimize Liability
Easements are a non-possessory right to use land or a portion of property belonging to another person. Failing to recognize and educate clients as to the existence of any easements can curtail an otherwise routine real estate transaction and potentially lead to litigation. An easement may exist in one of two forms: affirmative easement orRead More
Should a Real Estate Agent Disclose Divorce in a Home Sale?
It’s not uncommon for a couple getting divorced to sell their home, so it’s quite possible that you have been or will be involved in real estate sales when the sellers are divorcing. In those cases, do you need to disclose that the sellers are getting divorced? Recently CRES Risk Management fielded a call fromRead More
Floods, Fires, Hurricanes: How to Sell Homes in Real Estate Risk Zones
The past year has seen intense hurricanes in Florida and the Caribbean, hurricane-related flooding in Texas, and wildfires in California, Oregon, and Idaho among other disasters. Storms can affect the real estate market as people leave affected areas. People may be reluctant to move to a storm-damaged area or concerned about storm-damaged homes. It’s oneRead More
How to Represent Properties with Marijuana Cultivation
Several states have enacted laws that make marijuana use and cultivation legal in their states, but federal law still prohibits the use and cultivation of marijuana for medical or recreational purposes. If you are in one of the states that has legalized, you’ll want to consider the risks to your real estate business. Real EstateRead More
How To Avoid A Real Estate Lawsuit When Selling A Storm-Damaged Home
Natural disaster can come at any time — whether it’s a hurricane, like we’ve seen recently in Florida, or the unprecedented flooding in Houston. The trail of disaster leaves a lasting impact on people, communities and properties. As a real estate agent, this can affect your business. It’s not uncommon for property prices to plummet.Read More
Three Ways to Protect Yourself From Foundation-Related Lawsuits
Foundation issues are among the most common problems found in home inspections, and foundation defects and cracks are among issues you need to disclose in most places. When foundation issues aren’t disclosed and show up later, a lawsuit is likely. In Connecticut, a homeowner brought a civil case against Coldwell Banker Real Estate LLC, subsidiaries,Read More