Disclosure Issues

cracked foundation

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

man in bed covering ears with pillow

The Threat Next Door: Why Your Clients Need To Know About Bothersome Neighbors Before They Buy

In the 2014 movie Neighbors, Seth Rogen and Rose Byrne play new parents who move into a new neighborhood. The house next door happens to be a fraternity led by Zac Efron, and a number of hilarious (and painful) situations unfold. This movie concept was so profitable (it made $150 million on a budget ofRead More

Neighborhood in flood zone under water

FEMA and Flood Zones: Real Estate Agent Frequently Asked Questions Answered

When selling or buying a property in or near a flood zone, all parties associated with that purchase will have questions, concerns and mandates. These parties are the buyers, sellers, real estate agents, insurance providers, and lending officers. For you, the real estate agent representing the buyer or seller, we have compiled a list ofRead More

fan blades

When the Septic Hits the Fan

Over the past few years, a new breed of real estate malpractice litigation has surfaced: septic system permitting and inspection disputes. Due to increased septic system regulations, several states and municipalities have passed septic system transfer-of-title mandatory inspections and permitting requirements that may affect your next real estate transaction. These claims all follow a similarRead More

home with solar panels on roof

Avoid Claims When Selling Homes with Leased Solar Panels

Thanks to government tax incentives, leased solar panels are being installed on homes at a rapid pace. This is great for our energy environment, but presents increased real estate E&O claims risks for real estate agents and sellers alike. To reduce your risk of a real estate lawsuit when selling a home with leased solarRead More

man holding bucket catch water from leaking roof

Common Housing Issues that Cause Real Estate E&O Claims

Put yourself in a buyer’s shoes for a minute. You’ve found your dream house. You make an offer that’s accepted. You’re so excited. And then that dream turns into a nightmare: lead, asbestos or mold. Or maybe you thought there was a sewer hook up, but there’s only septic. Or the updates the agent ravedRead More

man on phone figuring out real estate disclosure confusion

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? Let’s take a look at what happened when one of our clients faced that issue. The buyer received the inspection report and was unhappy with the amountRead More

gavel, scales, law books

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, Colorado does not have a clear rule as to what psychologically-stigmatizing circumstances do not need to be disclosed versus those that must be disclosed. Generally, Colorado realRead More

Houses under water

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). To fully understand the changes that have taken place and are expected to take place for the NFIP, you first need to look at its history. BareRead More

Agreement or disclosure with fountain pen

Failure to Disclose: Case Studies Uncover When Real Estate Agents Might Be Liable

Although not every jurisdiction has addressed the issue of whether a seller or seller’s agent has a duty to disclose a future public works project that may involve the use of condemnation or eminent domain, nearly every state that has addressed this issue has concluded that there is no duty to disclose, regardless of theRead More

As the selling Realtor®, your buyers discovered some problems with the house after closing. Learn 4 steps to deal w… https://t.co/oYXGDcURBB RT @GreaterTexoma: Why Real Estate Pros Need an Office Environment Though technology enables agents to work entirely remotely, there may be…