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CLAIMPREVENT® BLOG

Karen March

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How a CRES Seller’s Protection Plan Can Boost Your Real Estate Business

Did you know that your sellers are the main target of real estate lawsuits (based on our 20+ years of claims history)?  That’s why CRES offers the Seller’s…

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Nice tan and gray brick sided house with walkway leading up to door

Selling Estates Where Multiple Parties Are Involved: A Guide for Real Estate Agents

Selling estates where multiple parties are involved is very common. The multiple parties involved in real estate transactions vary from couples and families, to trusts or deceased estates…

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Managing a Culturally Diverse Team

If you’re a real estate broker, there’s a high chance you’re managing a culturally diverse team of real estate agents. As of the 2018 Census, 60% of the…

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How Good Real Estate Professionals Can Get Mixed Up in Negligence Claims

As a real estate professional, there are risks in your business which make you vulnerable to lawsuits. When you’re balancing multiple listings, contracts, clients, prospects, open houses, marketing…

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How Do You Manage the Lawsuit Risk in Your Real Estate Business? Could You Do it Better?

Managing the risk of E&O claims and lawsuits is especially important in real estate. One serious lawsuit could destroy your business -- or your reputation. So you want…

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homes in alley with graffiti on walls

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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Military Lease Termination: What Property Managers Need to Know

Property managers may be faced with tenants who want to terminate a lease before it expires for a number of reasons. Leases exist for a reason and have…

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Managing Alcohol-Related Liabilities in Your Real Estate Business

Do you provide hospitality to sellers, buyers, or even your own team of real estate agents? Where do you stand with alcohol? What happens, for example, if you…

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What to Do if You Suspect Money Laundering Through a Real Estate Sale

Money laundering is a growing concern in America. Criminals are getting smarter at finding ways to launder their proceeds of crime, and the real estate industry has become…

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Remote Access for Your Real Estate Team — Security Issues and Tips

Your team members need to be mobile, so they can do their jobs effectively. This means remote access to your company’s server, client files and emails. But what…

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Gavel and law books

Broker Beware: Colorado Short-Term Rental Regulations

“There is [Absolutely No Other] Place Like Home.” Denver, like many cities across the U.S., prohibits individuals from operating “any short-term rental in the City and County of…

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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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Accommodating Mental Health Disabilities Within Your Team

Millions of people are affected by mental health issues and mental illness in the United States. When we talk about mental illness, this is a general term which…

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Does a Low Appraisal Need to Be Shared with the Seller?

It’s no surprise that appraisals are part of the process when it comes to real estate sales, but sometimes low appraisals can be a surprise. When this happens,…

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Dealing with Real Estate Clients with Physical Disabilities

As a real estate agent, you deal with different types of people every day. In fact, being able to communicate with a myriad of people is one of…

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What Real Estate Brokers Need to Know About Cyber Liability Coverage

Cyber security is a growing issue globally, and the real estate industry is particularly vulnerable because the transactions you’re dealing with are of such high value. This, unfortunately,…

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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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What real estate brokers should remind their agents about this month: Disaster Preparedness

As a busy real estate broker, managing risk is a critical part of your business. This means you need to provide guidance to your real estate agents about…

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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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Lost Mineral Rights Claims On The Rise in Colorado

Real estate brokers in Colorado increasingly face lawsuits filed by sellers who have unintentionally contracted away their mineral rights when they intended to only sell the surface property…

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The Most Useful Apps & Resources for Real Estate Agents in 2019

With around 2.1 million apps in the App Store, it’s not easy to navigate which apps and resources you should download as a real estate professional. To save…

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What Real Estate Brokers Need to Know About Fidelity and Crime Bonds

Are you a real estate broker managing multiple real estate agents, either as employees or contractors? As the number of people within your team increases, so does your…

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keys in door of house

What You Need to Do About Post-Closing Problems

You’ve closed a transaction in which you were the selling agent for the buyer. Everything went well … until the buyer discovered leaks and drainage issues that weren’t…

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When Your Seller is Reluctant to Do Repairs…

As a real estate professional, you will often come across sellers who are reluctant to do repairs on their home -- either before listing the property, or after…

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Why You Shouldn’t Exceed Your Scope of Work — A Guide for Real Estate Professionals

When you’re running your own real estate business, you provide great customer service as part of your business-building strategy. But doing so makes it easy for “scope creep”…

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Employees vs Independent Contractors — What Real Estate Brokers Need to Know

As a real estate broker, knowing the difference between an employee and an independent contractor (and more importantly, communicating this to others) is crucial. Real estate agents are…

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open house sign on sidewalk

How to Reduce Open House Risks When Someone Else Hosts

Have you ever received a request from another brokerage — or another agent within your firm — to host an open house at a property you have listed?…

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Data Security in Real Estate: How to Minimize the Risk of Losing Important Data

Data security is increasingly important in your role as a real estate agent, because you collect data from your clients every day  Further, it’s important data, which in…

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Man in office holding Broker Beware Takeaways sign

Real Estate Broker Beware — Most Common Complaints That Lead to Litigation

Real Estate Broker Beware - Complaints That Lead to Litigation | RSS.com James M. Meseck, a litigation specialist from White and Steele in Colorado, gives us tips on…

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Mortgage Fraud in Real Estate & Mortgage Brokering

As a real estate professional, you may come across mortgage fraud at some point during your career. Mortgage fraud can be defined as fraud related to property mortgages…

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Roofing Scam Alert

Real estate brokers, beware of a fraudulent scheme involving listed vacant properties. Here is the scenario. Acting as the property owner or an agent of the listing office,…

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What Real Estate Brokers Should Remind Their Agents About This Month: VEHICLES

As a real estate broker managing a team, you need to be aware of the risks and liabilities of your business. Vehicles are used frequently in the real…

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Brown dog in house

How to Avoid a Lawsuit When You’re Selling a House With Pets

Selling a property that is home to pets can be a challenge for a real estate agent. But, with around 60% of households owning a pet, it’s a…

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Closing Issues & Managing the Risk

As a real estate agent, there’s nothing more exciting than closing on a real estate deal. But, sometimes things can go wrong — things which can delay closing…

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Are Oral Contracts Legal in Real Estate?

Sometimes it pays to review the basics: You need a written contract when selling property.   CRES ClaimPrevent Hotline was recently contacted by a client who wanted to…

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real estate for sale sign in front yard of house

Your Real Estate Signage — Could it Cause a Lawsuit?

Signage is an important part of a real estate agent’s marketing toolkit. Professional signage, whether it’s posted outside of the property or elsewhere in the neighborhood to promote…

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distraught real estate agent with crutches

How to Avoid a Lawsuit When a Real Estate Agent is Injured and Unable To Work

As a real estate agent, being fit and healthy is very much a requirement to keep up with the competition. What happens when an unexpected injury or illness…

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forest wildfire

Risks When Representing Clients With Wildfire Damaged Real Estate

   Real Estate Professionals: Avoiding Claims from the California Wildfires | RSS.com How to manage 4 key areas of risk when a client’s home is destroyed by…

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Providing Information And Data To Your Clients: 6 Top Tips To Avoid A Lawsuit

In our litigious society today, real estate agents like you need to protect yourself against potential risks and lawsuits. One scenario where you face a high degree of…

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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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clipboard home appraiser in front of house

How to Avoid a Lawsuit When Appraising a Home

As an appraiser, you face many risks in different aspects of your business. To make sure you don’t face a lawsuit at the end of a long day…

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open house for sale sign in yard

Protecting Yourself Against Contingent Liability

As a real estate agent, it’s important to understand what contingent liabilities are and what’s covered under your E&O insurance.  A contingent liability is a liability or debt…

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subpoena document

Subpoena Coverage: Who Needs It and Why

Recently, a CRES client, a real estate broker, received such a subpoena. One of his former agents had been the listing agent for the family home of the…

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Selling a Property Sight-Unseen

According to a survey commissioned by Redfin, around 35% of real estate buyers purchased a property sight-unseen last year. These buyers often purchase at the higher end of…

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Home inspector in front of a home

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…

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garage full of abandoned tenants property

What to Do with a Tenant’s Abandoned Property

Landlords and property managers know that when tenants leave, they don’t always take all their things with them. Recently a client asked our risk management legal advisory team…

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