Disclosure Issues
Managing Licensee Risk When Selling Sustainable “Green” Homes
According to the National Association of REALTORS®, there is a growing demand for eco-friendly housing. Sustainable homes are rising in popularity not only for their positive environmental impacts but…
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…
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…
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…
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…
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)…
Cryptocurrency, the FTX Fallout, and Real Estate Transactions
The ripple effect of the collapse of one of the world’s crypto giants, FTX, is now being felt in the real estate industry. The cryptocurrency market was already…
Real Estate Seller Disclosures and Working New Listings: ClaimPrevent® Summary 3
This session covers Seller Disclosures, Real Estate Licensee Disclosure Responsibilities, Staging, and Showings from a Risk Management perspective. Use this ClaimPrevent® summary for onboarding new hires or as…
Selling Homes With Rainwater Tanks and Water Barrels
Rainwater tanks and water barrels are an asset to a homeowner. They yield many benefits and are often installed as an environmentally-conscious choice that prevents the wasting of…
Natural Hazard Disclosures — What They Are and How They Can Prevent Real Estate Lawsuits
Some locations in the United States are more synonymous with disasters than others — wildfires in California, hurricanes in Florida, and earthquakes along the west coast. However, it…
Managing Risks When Selling or Buying Condos or Properties Covered by a Homeowners Association
Condominiums and other properties covered by a Homeowners Association have specific challenges that ordinary properties don’t have. Often, they have strict rules and regulations that can sometimes be…
How to Sell Older Homes That May Contain Hazardous Materials
Selling older homes can be a challenge. Unlike more modern properties, they may contain a range of hazardous materials that are no longer commonly used in modern construction.…
Should the Seller Disclose Murder that Might Have Happened in the Home?
Your sellers just told you they’ve learned there may have been a murder in their home in 1975. The claim hasn’t been verified, but the sellers wonder if…
When a Real Estate Seller Doesn’t Disclose a Known Defect
Seller disclosure requirements vary from state to state. However, most state disclosure requirements relate to material defects in the home. Examples of material defects include things such as:…
Webinar: Nevada Seller’s Disclosure Form
What duties do Nevada real estate sellers’ agents have regarding the Seller’s Real Property Disclosure Form? A new Seller’s Real Property Disclosure Form (SRPD) was released in Nevada…
Everything You Need to Know About Disclaimers for Your Real Estate Business
Disclaimers are a real estate licensee’s best friend. They can help to minimize your risk and can be used in many areas of real estate including listings, emails,…
Making Decisions About Dual Agency Arrangements Within Your Real Estate Brokerage
A dual agency arrangement is where the same licensee is representing the buyer and the seller. It also extends to the representation of the landlord and the tenant…
Why Real Estate Licensees Shouldn’t Make Representations About Permits — and How to Protect Yourself
It’s common for real estate licensees to pull the permit file and include it in the disclosure packet. But this can be risky and make you vulnerable to…
5 Common Pitfalls in the Residential Purchase Agreement + Handling Dual Agency
The Residential Purchase Agreement is the most important form in a real estate transaction. But it’s also the cause of most of the litigation that occurs in real…
Selling a Home Where There’s an Active Neighbor Dispute
Neighbor disputes are relatively common. From boundary disputes to barking dogs, relationships between neighbors aren’t always on friendly terms. While living with neighbor disputes is problematic for many…
The Pitfalls of Failing to Disclose in Real Estate: a CRES Risk Management Video Webinar
The majority of real estate E&O lawsuits are a result of failures to disclose. In this webinar, Mark Carlson, attorney from Carlson Law Group and Dave Miller, Regional…
Avoiding a Conflict of Interest Situation at Your Real Estate Brokerage
Real estate professionals can find themselves facing a lawsuit for any number of reasons. Conflicts of interest situations are one of those reasons -- especially if you have…
When Real Estate Sellers Don’t Want to Disclose — and What Buyers Should Be Wary of
Have you ever encountered a seller who doesn’t want to disclose? In many states, certain things must be disclosed. To facilitate this, states like Colorado have a Real…
The 5 Most Common Seller Errors That Can Lead to Real Estate Lawsuits
Sellers can find themselves in hot water for any number of reasons, but there are 5 most common seller errors that can lead to lawsuits. Here’s how to…
Due Diligence Checklist for Your Team for Real Estate Transactions
Due diligence is an important part of any real estate transaction, whether you’re representing the buyer or the seller. When advising clients about due diligence, it’s important your…
Airbnb and the Impact on Real Estate Sales
Airbnb has transformed the accommodation market and shaken up the property market in the process. The platform currently has 7 million listings worldwide across more than 100,000 cities,…
Selling a Home Where Drug Activity Has Occurred
Selling a home where there’s been drug activity can be problematic for any real estate agent. There are potential safety issues for you, your team, and prospective buyers…
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…
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…
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.…
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…
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…
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…
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…
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…
“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,…
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…
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…
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…
Should a Real Estate Agent Disclose Divorce in a Home Sale?
It’s not uncommon for a couple getting divorced to sell their home, so it’s quite possible that you have been or will be involved in real estate sales…
Floods, Fires, Hurricanes: How to Sell Homes in Real Estate Risk Zones
The past year has seen intense hurricanes in Florida and the Caribbean, hurricane-related flooding in Texas, and wildfires in California, Oregon, and Idaho among other disasters. Storms can…
How to Represent Properties with Marijuana Cultivation
Several states have enacted laws that make marijuana use and cultivation legal in their states, but federal law still prohibits the use and cultivation of marijuana for medical…
How To Avoid A Real Estate Lawsuit When Selling A Storm-Damaged Home
Natural disaster can come at any time -- whether it’s a hurricane, like we’ve seen recently in Florida, or the unprecedented flooding in Houston. The trail of disaster…
Three Ways to Protect Yourself From Foundation-Related Lawsuits
Foundation issues are among the most common problems found in home inspections, and foundation defects and cracks are among issues you need to disclose in most places. When…
How to Advise Your Real Estate Client About Bad Odors
You may talk to your sellers about curb appeal, decluttering and staging. But there’s something else that can make a terrible first impression: smell. Troublesome odors may make…
The Threat Next Door: Why Your Clients Need To Know About Bothersome Neighbors Before They Buy
In the 2014 movie Neighbors, Seth Rogen and Rose Byrne play new parents who move into a new neighborhood. The house next door happens to be a fraternity…
FEMA and Flood Zones: Real Estate Agent Frequently Asked Questions Answered
When selling or buying a property in or near a flood zone, all parties associated with that purchase will have questions, concerns and mandates. These parties are the…
When the Septic Hits the Fan
Over the past few years, a new breed of real estate malpractice litigation has surfaced: septic system permitting and inspection disputes. Due to increased septic system regulations, several…
Avoid Claims When Selling Homes with Leased Solar Panels
Thanks to government tax incentives, leased solar panels are being installed on homes at a rapid pace. This is great for our energy environment, but presents increased real…
Common Housing Issues that Cause Real Estate E&O Claims
Put yourself in a buyer’s shoes for a minute. You’ve found your dream house. You make an offer that’s accepted. You’re so excited. And then that dream turns…
How to Avoid a Real Estate Claim Due to Disclosure Confusion
Has a property you were selling ever received an unfavorable inspection report? You know that you need to disclose negative reports, but how do you do that legally?…
What Is Psychologically Impacted Property?
Colorado has adopted a statute that excuses sellers of residential real estate and their brokers from having to disclose certain facts that may psychologically stigmatize real property. Unfortunately,…
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).…
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…
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…
