Blog
How to Prevent a California Civil Code Section 1088 Violation
California Civil Code section 1088 Many real estate agents are not familiar with the provisions of California Civil Code section 1088. I am quite familiar with this provision…
Americans with Disabilities Act Website Lawsuits
The 1990 “Americans with Disabilities Act” (hereinafter “ADA”) is a federal civil rights law designed to prevent discrimination based upon one’s disability. Disabilities covered, but not limited to…
Real Estate Selling Points and Hot Buttons: Logic vs Emotion
Real estate is a highly unique product. No two buyers are identical and neither are the buying situations. And while we can and do ask the client all…
Emails versus Texts in a Real Estate Transaction
The best way to prevent a claim or lawsuit against yourself as a licensed professional is to memorialize what was discussed in writing with your client starting with…
Your Master Plan for Buyer and Seller Open House Follow Up
You will encounter four distinct groups of people to follow up with at open houses: The Looky-loos: Unqualified ‘buyers’ who have no idea what they want, how much…
Are You Protected from Prior Acts? A Guide to How Far Your Real Estate E&O Protection Extends
There are varying levels of understanding among real estate licensees about how Errors and Omissions (E&O) insurance protects them from claims and lawsuits involving prior transactions . …
Real Estate Crime is on the Rise: How to protect yourself and your clients
“Stranger danger” is not just for kids anymore. It applies to you, your coworkers, and your clients. The real estate industry has seen a lot of crime through…
How Can a Property Manager Minimize Exposure in Landlord Tenant Relations?
With the resurgence of the California real estate market after the “Great Recession,” I find that many of my real estate clients have diversified their business and have…
Top 7 Characteristics of Successful Real Estate Professionals
There’s an abundance of books and websites dedicated to the perfect formula for success. Some business gurus focus on networking, others claim daily habits are the way, and…
The Pros and Cons of Binding Arbitration
Many times I have consulted with my real estate clients as to the advantages and disadvantages of binding arbitration to resolve a dispute concerning real property as opposed…
Understanding the Ever Changing Landscape of the National Flood Insurance Program (NFIP)
If you even have the potential of working with properties that fall within a flood zone, you need to stay informed on the National Flood Insurance Program (NFIP)…
Team: There’s More Than a Name To Consider When Deciding Where To Hang Your License
For newly minted real estate professionals, the decision to join a firm or go it alone isn’t always up to you. Many states require that new realtors spend…
Cancellation of Escrow Considerations
Invariably I have come across disputes in real estate sales where a cancellation of contract, release of deposit and cancellation of escrow on a California Association of Realtors©…
What is a Fixture and How to Prevent Misunderstandings After Close
California Civil Code section 660 defines a “fixture” as follows: “A thing is deemed to be affixed to land when it is attached to it by roots, as…
Why portable liability coverage is essential for today’s real estate professionals
Real Estate Professionals are in a unique situation in the modern economy. You walk the line between relying on the real estate E&O of your real estate brokerage…
How to Prevent a Department of Fair Employment and Housing (DFEH) Complaint
California’s Department of Fair Employment and Housing (DFEH) maintains the authority to investigate complaints of discrimination in the areas of employment, housing, public accommodations and hate violence. Many…
How to Successfully Work with First-Time Homebuyers
Owning a home is still an American dream. Regardless of what has happened in the last 10 years with the real estate bubble and subsequent financial crisis, Americans…
The “Procuring Cause” Claim
Over the years of handling risk management matters, I invariably see disputes where the real estate agent who was not the listing or selling agent on a closed…
The Digital Dangers of the Real Estate Profession
As a real estate licensee, you allow consumers to search your real property listings, photographs, videos, public records and other real estate information over the Internet and/or provide…
Is There Advantage to Listing Homes During Holiday Season?
The holidays are a busy and emotional rollercoaster for the majority of American families. Parties, school and religious events, shopping—there is a lot to do. And since the…
Protect Your Seller with their Own E&O Policy and Increase Your Listings
A Seller’s Protection Plan (also called Seller’s E&O) covers your client with up to $25,000 to pay for attorney’s fees and/or damages in the event of a claim…
The Big Picture: You May Owe More Than Just Your Deductible
Real Estate E&O covers attorney’s fees and damages, after you've paid your applicable retention (out-of-pocket claims expense). However, there are many more expenses associated with a claim that…
Get to Know RESPA Before RESPA Gets to Know You
In 1974, Congress passed the Real Estate Settlement Procedures Act (RESPA) to regulate and monitor the real estate industry. Since that time, RESPA has mystified more than one…
Be Your Buyer’s Hero With Building Permit History Reports
One in five claims against real estate professionals is the result of a permit issue. One. In. Five. While not all of these claims can be prevented, a…
Home Warranties: Do they Really Help Sell Homes?
A home warranty can be exactly what either the buyer or seller needs to get a deal done, but sometimes the absence of one could be overlooked. How…
Risk Management: Your ticket to fewer claims and lower premiums
You are regularly helping in the purchase and sale of the largest investment most Americans will make in their lives. Since each home and its buyer/seller are unique,…
All in the family? Make sure you’re covered with an AOP endorsement
As a licensed real estate agent or broker, you are seen as a seasoned professional when it comes to buying and selling properties for others. But when it’s…
Slips, Bites and Crashes: Are you covered for mishaps at your open houses and showings?
Open houses are great. You can reach a wide audience of potential buyers in a short amount of time, hopefully leading to a sale. But did you know…
4 Key Reasons to Have Individual Real Estate E&O Insurance
Firms typically have basic E&O insurance — which may or may not protect you and your real estate business. Most real estate licensees don't know everything you should…
Sell it Fast: The Power of Perceived Value
Pricing a home means weighing a number of factors to arrive at the best price. These include the home’s estimated value, comps in the area, time of year,…
Top 8 Mistakes New Real Estate Professionals Make
Sure, we learn from our mistakes. Experience and learning by doing can be fabulous teachers and the knowledge gained through making and correcting mistakes is invaluable. However, when…
Top 8 E&O Loopholes When Individual Licensees Rely on Their Real Estate Firm’s E&O Coverage
It’s not too late to learn how to protect yourself from real estate Errors and Omissions insurance coverage loopholes that can leave a real estate career in ruins…
Cyberattacks on Real Estate Professionals, What’s Next?
Brokers and escrow officers, like other professionals, use phones and e mail as their main mode of communication and by doing so they are exposed to data breaches…
10 Open House Red Flags You Must Address
Open houses are a great way to show off a home’s excellent selling points to a large audience in a short amount of time. But what if potential…
How to Get a Client’s Home to Appraise Higher
Guidance is the most important thing you can offer your clients. And when it comes to prepping a home prior to appraisal, they will need your guidance more…
How to Increase Repeat and Referral Real Estate Business
Earlier this year, Outbound Engine did a survey of 500 real estate professionals. They found that 86 percent of past clients say they would use their agent again…
When Should a Real Estate Agent Be Communicating With a Seller’s or Buyer’s Attorney?
When problems arise after close of an escrow for a particular real property, the listing and selling agent are typically contacted by an attorney for either the seller…
Three Products That Close More Clients for Real Estate Professionals
Clients have a vast array of information now available at their fingertips. You need to set yourself apart and add value and insight not available on the web…
The Real Estate Licensee’s Need to Confirm in Writing the Material Aspects of a Transaction
How well does a typical real estate agent know his or her client? Good question. In the vast majority of the situations when a real estate agent transacts…
Top Three Places Successful Real Estate Professionals Go To Build Relationships
Relationships matter in every business, but for real estate professionals, relationships are paramount. As important as relationships are, managing those most critical to your business requires careful thought…
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…
Wire Transfer Fraud
Over the last six months, the lawyers here at Carlson Law Group, Inc. have seen an email scam perpetrated with a frightening regularity. Approximately a dozen clients, insurance…
Is Summer a Hot Time for Home Sales?
Spring is the best time to list a home, right? It’s what almost all potential sellers you come across are going to ask when they want to sell…
Unlocking Your First Impression with Real Estate Clients
Your parents were right: you only get one chance to make a first impression. It takes just seven seconds for a person to size up and judge another…
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…
Connecticut Trial Court: Missing Dual Agency Consent Form Doesn’t Void Contract
In the case of Bastarache v. Edgerton, a tri-level Connecticut Superior Court ruled on a pre-trail motion that the failure to attach a dual agency consent form to…
Washington Enacts Earnest Money Disposition Process
Confusion regarding the handling, holding, and distribution of earnest money by title companies, escrow agents, and real estate licenses has led to newly enacted legislation in the state…
Wisconsin Court: “That Shouldn’t Be a Problem” = Misrepresentation
A lengthy court battle came to an end when the Wisconsin Court of Appeals found in favor of two buyers in the case of Marchese v. Miller, et…
Maryland Protects Against New Home Purchase Deposit Forfeitures
New legislation in Maryland has been introduced to provide further protections to purchasers of newly constructed homes from earnest money deposit forfeitures, when the transaction is contingent upon…
Pictures, Pain and Price – Secrets to Overcoming Seller Staging Objections
As a real estate professional, your goal is to sell your clients’ homes at top dollar. Unfortunately, there’s a good chance you have faced some uphill battles trying…
Real Estate Listings: Magic Words That Get a Home Sold
As a real estate professional it is your job to make a home stand out. That starts with the real estate listing. But do you know which words…
Analysis of Colorado Premises Liability Act and Negligence Framework
Like many brokers, your typical day at work involves showing homes to potential buyers. Imagine this scenario: Your client shows up at the appointed time and unexpectedly appears with a guest. You…
Are Agent Commission Agreements Enforceable?
Agreements between agents to share commissions may be enforceable even where the agents are affiliated with different brokers. In a new case, Sanowicz v. Bacal, (2015) 234 Cal.App.4th…
Bye-Bye HUD-1. Hello TRID
If we have learned one thing in the last seven years, it is that there will be a constant stream of new regulations affecting all of us in…
Guide to Selling Real Estate with Virtual Tours
You have homes that you’re excited to sell. It’s your job to transfer this excitement about the house to potential buyers. When considering this topic the old adage…
Contract Formation and Agency in the Digital Age
Most brokers and agents know that a contract for the sale of real estate generally must be in writing to be enforceable, and signed by the party against…
Avoid Violation of the Fair Housing Act By Staying Up-to-Date on Discrimination Issues
The call may seem very innocent. A person calls about the availability of an 800-square-foot apartment advertised by your company in the local newspaper. When the caller asks…
Defense of New Jersey Consumer Fraud Act Claims
The purpose of the Consumer Fraud Act (CFA) is to promote truth and fair dealing in the marketplace. The following provides an overview of CFA law in New…
MD Regulation Discourages Referrals by Real Estate Agents
By Harvey S. Jacobs If you live in Maryland and your real estate agent refuses to refer you to a mortgage lender, he isn’t being rude. Real estate…
The Law Regarding Service and Companion Animals
Health care practitioners for years have documented evidence that animals, particularly dogs can benefit impaired people. Examples are seeing-eye dogs, dogs for the hearing impaired and most recently,…
