Client Communications
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
4 Latest Text Scams in Real Estate and How To Prevent Serious Consequences
Scammers are using sophisticated ways to try and get money from unsuspecting businesses and individuals. Text scam messages are one of the methods that scammers use to try…
How Using ‘Jargon’ in Your Real Estate Business Can Lead to a Lawsuit
Whether you’re assisting a real estate seller or a buyer, your communication skills can create a positive experience or a negative experience for your client. Clear communication is…
“Steering” in Real Estate: How to avoid it and stop lawsuits in their tracks
Steering is a method of discrimination in real estate. It happens when a real estate licensee influences a buyer or prospective tenant’s choice of housing because of their…
What Real Estate Licensees Need to Know to Ensure Compliance with the New Equality Act
In June 2022, The White House announced that President Biden continues to call on the Senate to pass the Equality Act. The legislation, if passed, will provide long…
Dealing with Real Estate Clients Who Have a Mental Illness
According to the National Institute of Mental Health (NIMH), one in five adults living in the United States lives with a mental illness. This includes more common issues…
How Accidentally Saying the Wrong Thing Can Lead to a Real Estate Lawsuit
Accuracy matters in real estate. A licensee can accidentally say the wrong thing and cause a lawsuit. Here are some things to watch out for to avoid a…
How Can Real Estate Licensees Fight Claims Before They Happen?
Lawsuits can do serious damage to your reputation as a real estate professional. It can be expensive to defend claims, and it could cost you your business. So…
How to Avoid Real Estate E&O Claims Responsibly and Eliminate Finger-Pointing
As a real estate professional, you always want to come across as knowledgeable and helpful to your clients. However, you could find yourself facing a lawsuit if you…
Top 10 Mistakes Real Estate Agents Make That Leave Them Vulnerable to a Lawsuit
As a real estate professional, you want to do everything you can to minimize your risk and protect yourself from potential lawsuits. Here are the Top 10 mistakes…
Working Closely with Your Real Estate Clients While Apart
The way we work has changed as a result of the pandemic. People who work in industries that have traditionally had a lot of personal contact now must…
Selling Real Estate in ‘Qualified Opportunity Zones’ — Tips and Risks
The Qualified Opportunity Zones Program was introduced with the 2017 Tax Cuts and Jobs Act. The program aims to boost economic growth to disadvantaged and ‘economically distressed’ communities.…
Managing Foreign Investment Sales
Although foreign buyers only account for a small portion of all home sales in the United States, $74 billion worth of property was sold to foreign buyers from…
How to Help Out-of-State Real Estate Buyers During the Pandemic
The Centers for Disease Control and Prevention (CDC) recommends that Americans limit travel at this time, because it can increase the chance of spreading and getting COVID-19. CDC…
8 Ways Your Real Estate Agents Can Improve the Customer Service Experience for Home Sales
As a real estate broker, it’s important to keep your team motivated to provide exceptional customer service to your clients. COVID-19 has brought some unexpected challenges this year,…
Know the Risks of Selling Real Estate Property in an Unfamiliar Area
Clients choose a real estate agent based on a number of factors, but one is their knowledge of the area. If you're selling property in an unfamiliar area,…
How to Avoid Misinterpretations When Working Remotely With Real Estate Clients
The current pandemic has increased the physical distance between all of us to ensure public safety. There are also various state orders that govern social distancing, stay-at-home orders…
CARES Act—5 Tips to Help Your Real Estate Clients
April 1, 2020—As the COVID-19 situation continues to evolve around the world, it continues to affect the real estate industry in a myriad of ways. The recently signed…
Small Business Owner’s Guide to the CARES Act
With the Senate reaching an agreement on the Coronavirus Aid, Relief, and Economic Security (CARES) Act, there has been a push to consolidate resources for easy reference and…
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”…
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…
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…
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…
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…
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…
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…
CAN-SPAM Act Compliance And Why It’s Important For Your Real Estate Business
It’s difficult to grow your real estate business without an incoming flow of new customers. Marketing is an important part of making that happen. But, if you’re sending…
3 Ways to Avoid a Real Estate Lawsuit When Using Social Media
Social media can be a great way to showcase listings, build relationships, and connect with clients and potential clients. But to maximize its benefits, you need a solid…
Can You Avoid Real Estate Lawsuits with Good Customer Service?
Your excellent customer service is essential in real estate. Satisfied clients stick with you, become repeat customers, and refer others to you. Dissatisfied clients, on the other hand,…
Why Real Estate Agents Shouldn’t Answer Tax Questions from Clients
It’s important for real estate professionals to go the extra mile for clients. But where do you draw the line? While you (of course) want to be a…
How to “Fire” a Difficult Real Estate Client
Over the last several years I have seen more and more of my real estate agent clients become frustrated in their representation of sellers or buyers. Sometimes it’s…
Real Estate Electronic Client Communication: Best Practices to Avoid E&O Claim Situations
Did you know that even a text message between you and a client can be used as defense a should a real estate E&O claim be filed against…
What To Do When Your Words Cause a Real Estate Lawsuit Risk
Misunderstandings happen. Like the time Lisa, a mortgage broker, told a buyer they were “good to go.” Lisa meant that the buyer had submitted everything she needed to…
I’ve Had A Data Breach – Now What?
A business that maintains records that include a customer’s name along with any one of the following: signature, social security number, address, telephone number, physical description, passport number,…
Is Your Website ADA Compliant? —A New Cyber Risk
The purpose of the Americans with Disabilities Act (ADA), enacted in 1992, is to assure equal access and services to disabled individuals. The ADA makes it unlawful to…
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…
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…
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…
Brownfield Redevelopment Offers Liability Protection and Grant Opportunities
Guest blog written by Robert G. Westfall www.barrettlaw.com The federal “Superfund” law, formally known as the Comprehensive Environmental Recovery, Compensation, and Liability Act (“CERCLA”), imposes harsh liability…
Anticipating the “Flood” of Post-Sandy E&O Claims for Insurance Brokers
Guest blog written by John R Gonzo, ESQ. Mr. Gonzo is the Managing Partner of the Gonzo Law Group and specializes in professional lines defense. Superstorm Sandy devastated…
