Blog
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,…
Multiple Offers Gone Wrong: How the CRES Legal Hotline Prevented Multiple Claims Against One Agent
A listing received multiple offers. The seller narrowed it down to two, and the agent sent out two counteroffers – but failed to specify which counter was back…
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…
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…
Top Risks Agents Face When Acting as Property Managers
If you’re a real estate professional acting as a Property Manager, you face many risks every day in the course of business. Attorney Rinat Klier Erlich recently covered key risks…
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…
Effective Strategies to Avoid Real Estate Claims in Texas
If you’re a real estate professional, you know it’s important to manage risk and the threat of potential litigation in your business. No one knows this better than…
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…
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…
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…
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…
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…
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…
Representing Buyers of Income Property with Tenant Agreements
Buying a duplex can be appealing to clients for a number of reasons. Your buyers of multi-family homes need to know what happens to tenant agreements when property…
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…
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…
How To Manage Client Expectations About Real Estate Auctions
A real estate auction can be a highly effective way to sell a property. It’s an accelerated and intense process which can reduce the length of time a…
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…
Real Estate Lockbox Risks and How to Manage Them
Real Estate lockboxes make it easy to show your properties when the seller is away or unavailable. There’s no need for buyer’s agents to travel to and from…
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…
Maximize Engagement From Your Social Media Posts While You Minimize Risk
With more than a billion users on Facebook and Instagram, half a billion on LinkedIn and more than 300 million on Twitter, social media must never be overlooked…
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.…
Technology Traps: Lessons Learned from Real Estate Litigation
Unfortunately, there are many painful lessons learned about “technology traps” from the litigation home front. Real estate agents rely on technology to do business. But that reliance can…
Real Estate Buyer’s Agent Guide to Buying a Home As Is
Not every house is a dream home. Properties offered for sale “as is” indicate the seller plans to sell the home in its current condition, without any further…
Real Estate Agents and Identity Fraud – When Someone Impersonates You or Your Business
When you’re a real estate agent, it’s natural to have your name, face and contact details widely publicized to attract business. However, having your details available in the…
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…
Septic System E&O Claims Are Climbing: Here’s How to Prevent Them
This article is based on a presentation by Diana Mendez and Jim Meseck, White and Steele; Colorado. The information below is for informational purposes only and references regulations…
What to Know About Selling A Seasonal Property
What is A Seasonal Property Typically a seasonal home is a holiday property -- for which there’s a specific season where it’s popular. Beach homes, mountain cabins, cottages…
Risks to Avoid When Selling a Vacant Home
You might need to sell a vacant home for any number of reasons -- perhaps it’s a newly built home, the seller has already relocated, or maybe it’s…
Representing Divorcing Sellers: What You Need to Know
When a couple decides to divorce, one thing they need to do is make a decision about their home. One option of course is to sell. If you…
Real Estate Licensee Safety Month – Tips to Keep You and Your Business Safe
September is real estate licensee Safety Month -- an ideal time to reflect on the safety of your real estate business. Whether it’s just you -- or you…
How to Protect Yourself from the Most Common E&O Claims with Better Coverage
Hopefully, you’ve never been sued, had to go to trial, or had a real estate E&O claim. It’s not fun. What can make an already stressful situation even…
GDPR and the Impact on Your Real Estate Business
General Data Protection Regulation (hereinafter GDPR) is one of the biggest changes to data security and privacy in Europe in decades. One has probably seen some of the…
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…
Real Estate Cybersecurity Risks and How to Recover
Cyber and wire transfer fraud are not normally covered on an E&O policy. But we can get you covered! Click here for an application. From a presentation by…
Can You List a Bedroom Without a Closet
Have you ever been at odds with a client about how many bedrooms there are in a house? How many bedrooms you include in a listing matters. More…
How to Protect Yourself When Dealing with Close Friends and Family in Your Real Estate Business
It may seem natural as a real estate agent to want to help a close family member or friend buy or sell a house. But you should know…
9 Potential Real Estate Lawsuits and How to Avoid Them
From a presentation by Jim Meseck, White and Steele If there’s an unhappy seller or buyer, you can bet they’re going to find a way to blame their…
Now Prospective Tenants Must Also Be Informed if a Property is in a Special Flood Zone
Changes in California Law: Disclosure Requirements Flood Zones California’s legislature within the past year made the following findings and declaration: (a) In February 2017, several neighborhoods within the…
“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,…
Guest or Tenant? How to Deal with Someone Who Won’t Leave
What happens when somebody pays you to stay in a room short term and then doesn’t want to leave? That happened to one of our clients. She offered…
2018 Swimming Pool Inspection Law – California
The California Senate Bill 442 was passed, signed by the Governor, and codified as Business and Professions Code, Section 7195, effective January 1, 2018. This Statute provides standards…
How to Avoid a Personal Injury Claim When Selling a Property
As a real estate agent, you already know that open houses are a great way to sell a property. But, what about protecting yourself from issues regarding liability?…
Dealing with Malicious Acts by Tenants – a Guide for Property Managers
It’s every property manager’s and property owner’s worst nightmare -- when a tenant does malicious damage. This is why it’s important to know what the liabilities are, and…
How to Avoid Non-Compliance with the NAR Code of Ethics
The NAR has been the peak trade association for the real estate industry since its original founding in 1908. When you join your local real estate association, you…
Can You Text Changes to a Lease Agreement?
A couple was selling one home and moving into another that needed work. They arranged to lease the house they sold, while a contractor did the work on…
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…
High-demand Housing Markets – what your buyers should know about the housing shortage
The housing market is tough for homebuyers right now, especially in California (as well as some areas of WA, IN, GA, and OH). There are simply more prospective…
Blockchain, Cryptocurrency and Your Real Estate Business
Blockchain is changing the way we gather, store and use information. And it’s now being tested and used for some real estate transactions. As of February 2018, New…
Brokers & Buyers Under Surveillance—Are You Being Watched?
Technology has changed the real estate market, resulting in more efficient real estate transactions and timely exchange of information. However, some unanticipated consequences have surfaced. Surveillance systems can…
Tiny House, Big Problem – Understanding the legal risks of building, buying and selling tiny homes
With the current affordable housing shortage in many areas of the United States, it’s no surprise that buyers are looking for low-cost alternatives to traditional housing options. Trendy…
How to Avoid 3 E&O Claims Against Real Estate Agents Representing Tract Home Buyers
Tract homes and communities often appeal to first-time homebuyers. Buyers like the idea of selecting a floor plan, exterior design, interior finishes, and color palette in a brand-new…
Educate Your Home Sellers on FHA Loans to Reduce Your Risk of A Real Estate Lawsuit
Federal Housing Authority loans (FHA loans) have even higher loan limits for 2018 in many counties, which should make them an attractive option for a larger range of…
Be Alert and Prepared for Real Estate Broker Identity Theft
Our E&O client recently contacted CRES Risk Management to report that somebody was using her name, license number and professional background on a fake website. The website was…
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…
How to Ensure Offer Terms Survive the Real Estate Closing: the Doctrine of Merger
Errors and Omissions claims against real estate agents or brokers are often based on the Purchase Agreement and Sales Disclosures. Clients who feel their interests were not adequately…
Can You List Property in Trust with an Uncooperative Co-owner?
There are benefits of putting a property in trust, but sometimes it can complicate matters—especially when trustees don’t agree. Have you ever had a court assigned listing for…
Making the Most of Slow Sales Quarters: How to use the extra time to prepare for what’s next
The first quarter of the year is traditionally the slowest in the real estate industry. But you can use the time to assess and plan for success in…
Money Laundering in Real Estate: How it works, how to identify it, and how to report it
Real estate money laundering is not a new problem in the United States. According to the Financial Action Task Force on Money Laundering (FATF), the real estate industry…
Real Estate Agents: Understanding Easements and How to Minimize Liability
Easements are a non-possessory right to use land or a portion of property belonging to another person. Failing to recognize and educate clients as to the existence of…
