Home Inspections & Warranties

kitchen faucet with water coming out of it

How to Help Your Buyers Avoid Post-Winter Water Damaged Homes

There have been some harsh weather conditions across several states in America this winter, especially in places like Colorado. This not only takes its toll on residents, but it can also leave a long-lasting impact on properties.  If you’re a real estate agent working with buyers, you’ll need to be aware of the potential issuesRead More

Home Inspections—Do Real Estate Agents Need to Be There?

Home inspections can add peace of mind for buyers. What is your role as a real estate agent, beyond recommending an inspection? First, don’t oversell the home inspection. Provide several options for home inspections and note in writing that buyers can choose somebody else. Make sure you document your recommendation to have a home inspectionRead More

septic system waste trucks

Septic System E&O Claims Are Climbing: Here’s How to Prevent Them

This article is based on a presentation by Diana Mendez and Jim Meseck, White and Steele; Colorado.  The information below is for informational purposes only and references regulations in Colorado. Be sure to check specific regulations and permit requirements in the county/state of the property in question. If you’re a CRES Customer and have questionsRead More

Flooded living room plumbing problems

Plumbing Problems? How to Avoid a Real Estate E&O Claim

Have you ever been in this situation? The inspection looked good, but it turned out there were major problems that went unnoticed. When the buyers found out, they were understandably unhappy. If this happened to you, do you know what to do to help your client and avoid a real estate E&O claim? Recently, aRead More

Judge signing bill in courtroom with gavel

Legal Duties of Licensed Real Estate Agents or Brokers in Residential and Commercial Transactions

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 both the buyer and the seller of a real estate transaction, whether it involves residential, commercial or vacant land. Civil Code section 2079.2 sets forth that theRead More

Disclosure with fountain pen

A Realtor®’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 his or her listing agent need to disclose prior property inspection reports of the property being listed for sale. Negative prior third-party expert reports on the listedRead More

two story home

Home Inspections: Don’t Oversell One to Your Real Estate Clients

Recommending a home inspection company is a helpful and valuable service a real estate agent can perform, however, it can also lead to a real estate lawsuit. And while the courts mostly rule in favor of the real estate agent, it is important to take steps to guard yourself against a real estate lawsuit whileRead More

Important Home Warranty Information: Why Homeowners Need It

People insure many things that are important to them. For instance, most people insure their lives with Life Insurance, their cars with Car Insurance, and their health with Medical Insurance. Unfortunately, one item that is often overlooked but has equal importance is their home, especially what’s inside the home. Different from Homeowners Insurance, a Home Warranty PlanRead More

How to Avoid Claims Responsibly and Eliminate Finger Pointing

Don’t Agree to Assume Duties or Responsibilities that Aren’t Yours A real estate agent always wants to come across as knowledgeable and helpful to his client. However, an agent can get into more problems by trying to be “too helpful”. A prime example is that an agent is ordinarily under no duty to conduct hisRead More

Agent Obligations to Visually Inspect Property

On February 23, 2012, the Second District Court of Appeal (in California) announced its decision in Glen Oaks Estates Homeowners Association v. Re/Max Premier Properties, Inc. Factual Background The Glen Oaks Homeowners Association (HOA) filed suit against two Real Estate brokers: (1) Re/Max Premier Properties and (2) Dilbeck Realtors®. The complaint alleges that the Realtors®Read More

Here are 3 reasons why real estate agents shouldn’t make representations about permits and how to more safely handl… https://t.co/noo1L44LvC Are you using home warranties that include the Seller's Protection Plan? The CRES Advantage Fidelity National 13-Mo… https://t.co/eGWo70biEG