Legal Updates

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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, attorney Mark Carlson 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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CRES Risk Management Webinar: How to Reduce Property Management Risks in a COVID World

Like many other industries, real estate has been significantly affected by COVID-19. Property management is one area in particular, which is experiencing much pandemic-related change. There’s no doubt the risks are much greater in this current environment, and lawsuits are on the rise.  For many property managers, keeping on top of COVID-related laws and restrictionsRead More

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CRES Risk Management Webinar: COVID-19 Forms and Best Practice for California Real Estate Professionals

COVID-19 has brought a great deal of challenges to the real estate industry. Keeping up with exactly what forms should be used in transactions is one of those challenges. Keeping up-to-date with changes to the forms and guidelines as they evolve during the pandemic is another.  There are risks today that didn’t exist ever beforeRead More

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Is Your Website ADA Compliant? – Better Safe Than Sorry

With the ongoing national Covid-19 crisis, real estate brokers, agents, and property managers are more reliant than ever on the internet as a means of marketing and communication.  Websites remain a critical marketing tool for most real estate professionals.  ADA (“Americans With Disabilities Act”) website compliance is essential for all businesses, including your real estateRead More

Texas Real Estate Risk Management & Compliance Newsletter | COVID-19 Updates – June 26, 2020

On Friday, June 26, 2020, Texas Governor Greg Abbott issued his Executive Order GA-28. This Order supersedes Executive Order GA-26 which was issued on June 3, 2020, at a time when the Governor was pushing the state toward reopening as soon as possible. Since the June order, however, the numbers of infected persons and hospital demand in TexasRead More

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How Real Estate Professionals Should Respond to a Deposition Subpoena to Produce Documents

When there is a legal dispute between the buyer and seller, you may be served with a deposition subpoena to produce documents. This is a normal procedure for obtaining documents when you or your real estate brokerage are not named in the lawsuit at the time of the service of the deposition subpoena. A subpoenaRead More

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Small Business Owner’s Guide to the CARES Act and Legal Counsel Overview

With the Senate reaching an agreement on the Coronavirus Aid, Relief, and Economic Security (CARES) Act, there has been a push to consolidate resources for easy reference and education on what the aid the Act provides.  The U.S. Senate Committee on Small Business and Entrepreneurship created this Small Business Owner’s Guide to the CARES ActRead More

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COVID-19 and Working with Real Estate Sellers

March 19, 2020 These are unprecedented times and these issues could not have been anticipated.  No one in the real estate industry has experienced a similar event on such a scale. Nevertheless, CRES and our risk management attorneys are analyzing the situation to anticipate legal and practical challenges that face real estate professionals and consumers. Read More

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COVID-19: Broker, Agent, and Firm Health and Safety Suggestions

March 19, 2020 As each day dealing with the coronavirus seems to bring new challenges for the real estate industry, there are positive steps brokers and agents can take to remain safe. CRES and our risk management attorneys continue to analyze the situation and offer these suggestions: Employing brokers and supervisors should develop a writtenRead More

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COVID-19 and the Impact on California Real Estate Transactions

Download the CALIFORNIA ASSOCIATION OF REALTORS® Coronavirus Addendum (C.A.R. Form CVA, 3/20). The spread of the Coronavirus COVID-19 has created uncertainty in our everyday lives — including the purchase and sale of real property in California.  People who are presently under contract to purchase or sell real property consider how the virus may impact theirRead More

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