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CLAIMPREVENT® BLOG

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How to Protect Your Transactions from Deepfakes – A Guide for Real Estate Brokers

The rise of deepfake technology is making waves, and unfortunately, not the good kind. For real estate brokers, these ultra-realistic fake videos, audio, and images have become a…

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Surety Bonds for Mortgage Brokers and Escrow Licensees

Whether you’re just stepping into the mortgage broker or escrow field or expanding your services, it’s important to understand how surety bonds work. Who Needs Them? Many professionals…

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Navigating Offers from Unrepresented Real Estate Buyers to Avoid Legal Issues

As a real estate licensee, you’ve undoubtedly come across unrepresented buyers. The number of purchasers who act without any representation from buyer’s agents is on the rise. In…

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Agent-Owned Property Risks You May Not Have Considered

Agent-owned property (AOP) is real estate owned by a real estate licensee. Even if it’s just a small personal stake, it would still be considered agent-owned property.  Whether…

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Why Bait-and-Switch Tactics Have No Place in Real Estate

Bait-and-switch tactics might seem harmless at first — until you’re the one on the receiving end.  Imagine this: a buyer or renter comes across an amazing deal, only…

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Managing Emergencies for Property Managers: A Risk Management Guide

Emergencies can strike when you least expect it and, as a property manager, you don’t just need to react, you need to lead. Wildfires, hurricanes, flooding — each…

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The Importance of Documenting and Saving Communications for California Real Estate Brokers

In the fast-paced, highly regulated world of real estate, brokers and agents are tasked with more than just facilitating transactions between buyers and sellers. One crucial responsibility that…

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6 Real Estate Questions that Can Get Licensees in Legal Trouble — And How to Answer

Your buyers have questions. You want to be helpful and answer them, but should you?  Surprisingly, answering many seemingly innocuous real estate questions — Is this a safe…

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How Real Estate Brokers Can Minimize the Risks Of Delayed Real Estate Transactions

Have you or one of your team members ever had a buyer back out of a purchase? Did a  seller back out of a sale for a better…

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Want Free Legal Advice To Reduce Real Estate Lawsuits?

As a real estate professional, do you ever lie awake worrying about whether you need to disclose something? Or how to handle a non-cooperative owner? Or whether that…

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Things Real Estate Licensees Shouldn’t Say That Could Affect Offers Your Sellers Receive

As a real estate professional, the language you use can have a significant impact on the quality of offers your sellers might receive. Carelessly worded property listings can…

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The Danger of High-Pressure Sales Tactics in Your Real Estate Brokerage

Picture this — a real estate licensee who works for you uses a relentless, high-pressure sales pitch to corner a client so they can’t possibly say no. The…

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Broad Form Endorsement in Real Estate E&O — What it is and What it covers

Broad Form Endorsement provides more comprehensive coverage compared to basic real estate errors and omissions policies. It extends protections to a wider range of risks and potential liabilities…

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Managing Risk When Dealing With Real Estate Investor Groups and Syndicates

If you’re a real estate broker, you or your team members have probably encountered your fair share of investor groups or syndicates as clients. These types of clients…

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When an Escrow Officer Goes Beyond Their Job Description (and a Lawsuit Follows Them…)

For certain states, escrow is the process where parties transfer funds to a neutral third party and they are held in trust until specific conditions are met before…

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Real Estate E&O: Why It’s Important to Pay Attention to All Those Individual Coverages

As a real estate professional, you face risks in your work every day that, iIf not managed well, could result in lawsuits. Often these are centered around claims…

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grass with house

Managing Licensee Risk When Selling Sustainable “Green” Homes

According to the National Association of REALTORS®, there is a growing demand for eco-friendly housing. Sustainable homes are rising in popularity not only for their positive environmental impacts but…

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How to Keep Your Real Estate Business Running Smoothly While On Vacation

For other members of your family, summer may be a great time to take some vacation days, soak up the sun, spend time with the kids, or get…

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CRES Risk Management Webinar: The Dangers of Unrepresented Buyers

In this webinar, Dave Miller, Regional Vice President with Fidelity National Home Warranty, and Kathryn Holbert, a Nevada-based real estate attorney, talk about the challenges of working with…

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Risk Management for CRES Members: How to Handle Potential Real Estate E&O Claims, Actual Claims, and Calls from Attorneys

Risk Management is the first line of defense against potential errors and omissions claims for real estate professionals. Reach out as soon as you think a dispute or…

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Everything You Need to Know About Business Owner’s Policies in Real Estate

When Does a Real Estate Professional Need a Business Owner’s Policy? Real estate professionals face a multitude of risks every day. A Business Owner’s Policy protects your real…

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Navigating RESPA as a Real Estate Licensee – Referral Fees and Beyond

Do you or your team members ever pay referral fees? Do you have a list of preferred contractors that you give to clients? Do other companies to whom…

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How Real Estate Licensees Can Help Your Clients Prevent Squatters in California

More and more California property owners are confronted with individuals who have taken up habitation on their land and refuse to leave, called “squatters.” A squatter is a…

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How Real Estate Brokers Can Limit Vicarious Liability Through Team Supervision

As a real estate broker, your team is one of your greatest assets. However, as your team and business grow, you also face increased risks that must be…

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Introducing New Tech to Your Real Estate Brokerage: Embracing Innovation While Minimizing the Risks

It seems like every day there is a new tool that comes out with a promise of productivity, time-saving, and improved customer experience. It can be tempting to…

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Why All Real Estate E&O Insurance Policies Are Not Equal

Not all real estate Errors & Omissions (E&O) insurance policies for real estate companies, brokers, and licensees are created equal. The differences between policies and what different insurers…

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Vacation Rental Issues for Real Estate Agents in California

Short-term vacation rentals have been very popular in California the past ten (10) years or so. With such popularity, challenges arise for the property owner wishing to undertake…

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Navigating Real Estate Sales with Multiple Offers

When you receive an offer on a property, it’s exciting, right? But, when you receive multiple offers, the situation can become complex — rapidly. How you deal with…

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When Real Estate Errors & Omissions Insurance is Required

*Comparison based on base policy cost for licensees performing activities requiring a license. Read each policy for a full comparison of coverage and benefits. Certain restrictions apply. All…

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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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How Real Estate Brokers Can Mitigate Risk with High-Value Transactions

High-value real estate transactions bring bigger commissions, but also bigger risks for real estate brokers. The stakes are high and any oversight or negligence (actual or perceived) can…

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Protect Your Real Estate Transactions: The Latest in Wire Fraud Scams to Watch Out For

Real estate licensees around the world are facing increasing threats from wire fraud scammers. These scammers are becoming more sophisticated as they try to obtain financial benefit from…

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Colorado Listing Brokers Not Responsible for Condition of Listed Properties When Not Present

A Colorado court recently ruled in favor of dismissing personal injury claims against a listing broker and her brokerage. The claimant alleged that she slipped and fell on…

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The Ultimate Guide to Understanding Real Estate Errors and Omissions Insurance

As a real estate professional, you need to be aware of the risks within your business – and take advantage of the vital tools to mitigate those risks…

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CRES Webinar: How to Complete your FFCRA Filing for COVID relief through the self-employed tax credit

If you filed a Schedule SE and reported positive net income in 2020 or 2021, you could be eligible to receive up to $32,200. But you only have…

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When Was Your Last Due Diligence Audit for Your Real Estate Brokerage?

Real estate brokers are always telling their clients to do their due diligence when it comes to real estate transactions. But, when was your last due diligence audit…

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How to Steer Clear of a RESPA Violation When Co-Marketing a Listing

Co-marketing listings can be a win/win for real estate professionals. It’s an effective way to increase exposure and reach new prospects. It’s also a value-for-money proposition as you’re…

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gavel on papers with keys and book

7 Times the Wrong Real Estate E&O Insurance Won’t Cover You

As a real estate professional, you must protect both yourself and your real estate business from potential risks and liabilities. Real Estate Errors and Omissions (E&O) insurance can…

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house with palm trees

The Differences Between ADUs And ALQs In California

In California, there are distinct differences between an accessory dwelling unit (ADU) and an accessory living quarter (ALQ).  This article explains the differences. ADUs and ALQs increase the…

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What Real Estate Brokers Need to Know About Anti-Competitive Behavior

Real estate brokers have an ethical and legal responsibility to ensure your business complies with antitrust laws. Avoiding anti-competitive behavior, or anything that may be perceived as anti-competitive,…

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New California Laws Affecting Housing in 2024

California has several new laws affecting real estate and housing coming into effect at various dates in 2024: Tenants’ Rights Assembly Bill 12 Landlords in California have been…

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Closing Gifts and How To Avoid a Lawsuit in Your Real Estate Business

In real estate, many licensees choose to give closing gifts as a thoughtful gesture to wrap up a client’s home sale or purchase. It’s one of the many…

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law gavel with law book on desk

CRES Risk Management Webinar: The Latest Issues Facing Licensees

In our latest webinar, Kathryn Holbert from Nevada Real Estate Law and Dave Miller, Regional Vice President with Fidelity National Home Warranty, talk about the latest risk management…

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insurance button man pointing

E&O Retroactive Date, Prior Acts, and Match Priors: how does it work?

Most real estate Errors and Omissions insurance policies are “Claims Made” policies. They provide coverage for claims made and reported during the policy period. Claims Made policies cover…

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real estate law book and gavel

The Most Common Things Real Estate Licensees Say That Could Cause You a Lawsuit

As a real estate broker, you can be held responsible for the things your licensees say. If they say the wrong thing to a client or prospect, you…

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penthouse living room

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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shaking hands over house

Dealing with Real Estate Clients Whose First Language Isn’t English

As a real estate licensee, you will likely encounter clients whose first language isn’t English. Working with a diverse range of clients is positive for your business, but…

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gavel and concept house on clipboard

CRES Risk Management Webinar: Simple Everyday Strategies for Real Estate Professionals to Reduce Your Risk

In this webinar, Mark Carlson from Carlson Law Group, and Dave Miller, Regional Vice President with Fidelity National Home Warranty, talk about how real estate professionals can add…

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Top 10 Risk Management Posts for Real Estate Licensees for 2023

As the real estate landscape evolves, so do the challenges faced by licensees. At CRES, we try to keep you informed about issues that could lead to a…

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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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Selling Homes in a High Interest Rate Climate

Are you noticing a slowdown in your market due to the higher interest rates? The increased cost of borrowing can deter potential homebuyers from entering the market,and higher…

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How Real Estate Brokers Can Minimize Risks When Expanding into Unfamiliar Territory

As a real estate broker, there may come a time when you might consider expanding your business into unfamiliar territory. This could involve venturing into new geographic locations…

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CFPB Abusive Acts Statement 101 for Real Estate Agents in Joint Ventures

Did you pay attention to the Consumer Financial Protection Bureau (CFPB) policy statement on abusive acts and practices? If you are a real estate agent in a joint…

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Does Your Real Estate Website Meet ADA Accessibility Requirements?

Having an accessible website is not just a matter of being inclusive — real estate licensees have a legal obligation. You must ensure your website complies with the…

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Self-Employed Real Estate Licensees May Qualify for up to $32,220 in Tax Credits under FFCRA

The Families First Coronavirus Response Act (FFCRA) was established in March 2020 to provide paid sick and family leave benefits related to COVID-19. Initially, only companies with W-2…

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How Mortgage Brokers Can Minimize the Risks When Using Third-Party Vendors

Mortgage brokers often rely on the expertise of third-party vendors, such as transaction coordinators, in the course of your work. The use of these additional real estate professionals…

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RESPA written on board next to books

RESPA Compliance for Real Estate Brokers

It is essential that Real Estate Brokers have an understanding of the Real Estate Settlement Procedures Act (RESPA). RESPA is a federal law governing real estate transactions involving…

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Commercial Claims and How Real Estate Licensees Can Avoid Them

The stakes are often high with commercial transactions. To help real estate licensees avoid commercial claims,  we discuss the risks, as well as  real-life cases and our top…

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How Restrictions on Short-Term Rentals Can Affect Property Managers and Real Estate Agents

A growing number of locations are introducing tighter restrictions on short-term rentals. This is posing significant challenges for property managers, especially those who work across different districts. And…

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The Great Resignation – How to Hold onto Your Real Estate Team

Termed "The Great Resignation" by the media, more than 47 million Americans left their jobs in 2021. This phenomenon reflects the increasing desire of many employees to achieve…

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