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Disclosure Issues

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California ADU Disclosure Suggestions for Real Estate Agents and Sellers

An accessory dwelling unit (ADU) is a secondary housing unit on a single-family residential lot in California that is a separate and distinct living unit than the main…

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Risks for Real Estate Licensees Selling or Renting Penthouses

Penthouse apartments sound sexy and exciting, but they present a unique set of risks that real estate licensees need to navigate carefully if selling or renting them. This…

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Exploring Confidentiality and the Law for Real Estate Licensees

Maintaining confidentiality is important for any business. In real estate, confidentiality helps to build trust between licensees and clients. But, sometimes a real estate licensee’s duty of confidentiality…

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How Natural Hazard Disclosure Reports Can Minimize Real Estate Risk (even if they aren’t mandatory in your location)

Sellers must disclose any material defects, problems, or issues with a property that may influence a property’s price or the buyer’s decision to purchase. The actual detail of…

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Using Automated Seller Disclosure Forms – Risks and Benefits for Real Estate Licensees

Technology is moving at a rapid pace and new automation tools are appearing all the time.  Disclosure issues are a major reason that real estate licensees (and sellers)…

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Cryptocurrency, the FTX Fallout, and Real Estate Transactions

The ripple effect of the collapse of one of the world’s crypto giants, FTX, is now being felt in the real estate industry. The cryptocurrency market was already…

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Real Estate Seller Disclosures and Working New Listings: ClaimPrevent® Summary 3

This session covers Seller Disclosures, Real Estate Licensee Disclosure Responsibilities, Staging, and Showings from a Risk Management perspective. Use this ClaimPrevent® summary for onboarding new hires or as…

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Selling Homes With Rainwater Tanks and Water Barrels

Rainwater tanks and water barrels are an asset to a homeowner. They yield many benefits and are often installed as an environmentally-conscious choice that prevents the wasting of…

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Natural Hazard Disclosures — What They Are and How They Can Prevent Real Estate Lawsuits

Some locations in the United States are more synonymous with disasters than others — wildfires in California, hurricanes in Florida, and earthquakes along the west coast. However, it…

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Managing Risks When Selling or Buying Condos or Properties Covered by a Homeowners Association

Condominiums and other properties covered by a Homeowners Association have specific challenges that ordinary properties don’t have. Often, they have strict rules and regulations that can  sometimes be…

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How to Sell Older Homes That May Contain Hazardous Materials

Selling older homes can be a challenge. Unlike more modern properties, they may contain a range of hazardous materials that are no longer commonly used in modern construction.…

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Should the Seller Disclose Murder that Might Have Happened in the Home?

Your sellers just told you they’ve learned there may have been a murder in their home in 1975. The claim hasn’t been verified, but the sellers wonder if…

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home inspector

When a Real Estate Seller Doesn’t Disclose a Known Defect

Seller disclosure requirements vary from state to state. However, most state disclosure requirements relate to material defects in the home. Examples of material defects include things such as:…

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Webinar: Nevada Seller’s Disclosure Form

What duties do Nevada real estate sellers’ agents have regarding the Seller’s Real Property Disclosure Form? A new Seller’s Real Property Disclosure Form (SRPD)  was released in Nevada…

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Everything You Need to Know About Disclaimers for Your Real Estate Business

Disclaimers are a real estate licensee’s best friend. They can help to minimize your risk and can be used in many areas of real estate including listings, emails,…

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Making Decisions About Dual Agency Arrangements Within Your Real Estate Brokerage

A dual agency arrangement is where the same licensee is representing the buyer and the seller. It also extends to the representation of the landlord and the tenant…

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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…

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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…

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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…

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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…

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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…

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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…

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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,…

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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…

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Selling a Home in an Undesirable Area

Selling a home in an undesirable area can create many challenges for real estate agents. Apart from the difficulty of selling even the best home in a bad…

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Managing Your Risk When Selling a Car-Crash- Prone Property

As a real estate professional, your likelihood of being sued can increase when selling high-risk properties. Homes on busy roads or intersections, on tight corners, or in other…

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Selling and Buying Property in a Noisy Area

The real estate market is all about trade-offs and compromise -- particularly in a tight housing market, which California and a number of other states are experiencing today.…

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The Top 3 Reasons for E&O Claims Against Real Estate Agents

As a real estate professional, you face risks every day in the course of your business. These risks can lead to costly mistakes -- with financial implications as…

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Risks When Representing Clients With Wildfire Damaged Real Estate

How to manage 4 key areas of risk when a client’s home is destroyed by CA wildfires If you’re a California real estate professional, chances are you may…

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When To Disclose Crime Activity Around Your Real Estate Listings and Rentals

Are you aware of local crime rates, recent criminal activity, or if a sex offender lives near one of your client listings or rentals?  Disclosing what you know…

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image of house with mold in the corner above the baseboard

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…

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forest wildfire

“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,…

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sellers disclosure paperwork

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…

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buyer signing disclosure

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…

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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…

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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…

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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…

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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?…

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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,…

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Don’t Be CLUE-less!

Most real estate agents probably don’t give much thought to insurance claims on the homes they are trying to sell or the ones their clients may be interested…

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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…

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