Skip to content
CLAIMPREVENT® BLOG

Blog

auction gavel with model size house behind it

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…

Read More
coffee cup notebook with word CLAIM pen and glasses

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…

Read More
orange background white insurance letter hanging

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…

Read More
the word referrals uncovered by hand

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…

Read More
leather satchel bag siting on rock next to bush

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…

Read More
three shadows holding arms up on a mountain

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…

Read More

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…

Read More

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…

Read More
group of condo rentals surrounded by palm trees

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…

Read More

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…

Read More
individuals holding letters for insurance in office

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…

Read More
lady justics law books and globe on desk

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…

Read More
family in front of home with sold sign

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…

Read More
hand behind fraud prevention

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…

Read More
gavel

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…

Read More
man holding compass in mountains

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…

Read More
woman pushing calculator buttons

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…

Read More
typing at computer compliance law standards regulations

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…

Read More
blue background finger pointing to compliance

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…

Read More
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…

Read More
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…

Read More
people at table with computers

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,…

Read More
law gavel with law book on desk

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…

Read More
keys with red bow

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…

Read More
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…

Read More
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…

Read More
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…

Read More
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…

Read More
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…

Read More
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…

Read More
Man reading article on ipad

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…

Read More
man pointing at legal symbol

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…

Read More
woman holding house man signing

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…

Read More
man in suit holding picture of houses

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…

Read More
men wearing suits in office talking

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…

Read More
woman looking at laptop coffee on table

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…

Read More
calculator and pen sitting on top of paperwork

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…

Read More
yellow background compliance with magnifying glass

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…

Read More
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…

Read More
lawyer with book hands crossed

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…

Read More
woman pointing man painting

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…

Read More
business team

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…

Read More
two women in meeting

Overseeing a New Real Estate Licensee in Your California Brokerage

Having a new licensed real estate agent is exciting, yet challenging for the broker of record and the new licensee. Standard protocol for a new real estate licensee…

Read More
scam on computer screen man typing coffee in cup

Avoid Housing Scams and Protect Your Listings (and Clients)

Real estate scams are becoming more and more prevalent. Housing scammers are finding new and sophisticated ways to try and dupe people into handing over their hard-earned cash.…

Read More
houses in a row

How to Communicate with Clients in a Declining Market

Real estate licensees are resilient in any economic climate. Optimism is a strength. However, when it comes to describing conditions in a declining market, licensees need to be…

Read More
AI in mans hands

Augmented Reality and AI Risks for Real Estate Brokers

New technologies such as Augmented Reality (AR) and Artificial Intelligence (AI) are transforming the real estate experience. From virtual tours to chatbots, these tools are adding value to…

Read More

Facebook Ads and Posts for Real Estate Professionals and How to Avoid Discrimination

With more than 2.9 billion monthly active users on Facebook, it’s not surprising that it’s a popular place to promote real estate. As with all advertising, real estate…

Read More
home with short sale for sale sign

Short Sale Deficiencies – Risks for Real Estate Professionals and How to Manage Them

When property owners face financial hardship and can’t afford to pay their mortgage anymore, they may try and sell quickly to avoid foreclosure. They typically take what they…

Read More
credit score on ipad coffee cup

Credit Scores – Risk Management for Property Managers

Ensuring a prospective tenant can afford to pay monthly rent is an important consideration for landlords and the property managers that screen applicants on behalf of landlords. Property…

Read More
eviction notice paper hand with pen

Property Management Evictions, Maintenance, and Short-Term Rentals: ClaimPrevent® Summary #9

To help reduce your risk, we’ve summarized all our property management posts on handling evictions,  property maintenance, and short-term vacation rentals over the last two years. Use it…

Read More
man next to woman grabbing pen from another man

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…

Read More
hand signing on ipad

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)…

Read More
man with beard sitting women with paper standing

Managing Disgruntled Staff: Risk Management for Real Estate Brokers

Managing disgruntled staff can be difficult in any profession. In a real estate brokerage,  disgruntled staff members have the potential to make life very difficult for a broker,…

Read More
fair on coins with house

Property Management Ads and Screening of Applicants: ClaimPrevent Summary #8

Fair Housing Act and Housing Ads Real estate licensees and property managers need to be aware of and comply with the Fair Housing Act. This legislation prohibits discrimination…

Read More
women in blue sweater front of windows writing

Avoiding Biased Appraisals and Discrimination Lawsuits

We all come from different backgrounds, with learned ideas and perceptions based on our experiences. This can contribute to bias, whether conscious or unconscious. Bias, at its core,…

Read More
tree with private property sign

Talking About Zoning with Buyers — Risks and Tips for Real Estate Licensees

Real estate licensees need to act with caution when it comes to talking about zoning with prospective buyers. What may seem like a casual chat can lead to…

Read More
man holding small house 4 hands framing him

What Real Estate Brokers Should Look for When Comparing Business Owner’s Policies

When you own a real estate brokerage, you likely need a Business Owner’s Policy, to combine general liability insurance with commercial property insurance. But not all Business Owner’s…

Read More
man in black shirt inspecting exterior of house

Avoiding Legal Trouble When Working a Real Estate Contract: ClaimPrevent® Summary #7

Once you’re at the offer or accepted contract stage, there are common pitfalls even the most experienced licensee can fall into if you’re not careful — from inspections…

Read More
man typing with screen open to tasks

Minimizing Risks in Real Estate Transactions with Transaction Management Software

Technology is advancing at a rapid rate in all industries, and real estate is no exception. Transaction Management Software is yet another area of real estate where new…

Read More
4 telemarketers typing on their computers

Do’s And Don’ts Telemarketing Regulations

The Do’s and Don’ts below should give real estate licensees a general understanding of what is required in connection of telemarketing. Violation of the rules could result in…

Read More
Back To Top