Claim Prevention & Risk Management

Your buyers have questions. You want to be helpful and answer them, but should you?  Surprisingly, answering many seemingly innocuous real estate questions — Is this a safe…

Have you or one of your team members ever had a buyer back out of a purchase? Did a  seller back out of a sale for a better…

As a real estate professional, do you ever lie awake worrying about whether you need to disclose something? Or how to handle a non-cooperative owner? Or whether that…

If you’re a real estate broker, you or your team members have probably encountered your fair share of investor groups or syndicates as clients. These types of clients…

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…

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…

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…

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,…

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…

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…

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…

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…

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…

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…

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…

Your real estate office likely has a number of independent contractors working under your brokerage. An independent contractor may have non-licensed assistants helping with answering phones, marketing efforts,…

Selling new builds or properties under construction can be challenging for real estate licensees. When dealing with these properties, licensees face risks that are not so common with…

California Civil Code section 2079.16 states that buyers and sellers of real estate are advised that California licensed real estate agents and brokers are not qualified to give…

Attorney Kathryn Holbert has been defending real estate professionals for more than 15 years. In this webinar, Kathryn provides insight into what you should do if served with…

Learn 8 key ways to avoid the most common areas of litigation in this webinar with lots of examples (complete transcript appears below). Some details are specific to…

Usually, when you say ‘omissions’ in real estate, people think immediately about disclosures. Failure to disclose defects or major issues with a property is a major reason that…

In your role as a real estate broker, you and your team will deal with people from different backgrounds, races, cultures, ages, genders and occupations. To run a…

According to the Pew Research Center, 85% of Americans go online daily. That percentage includes 31% of people who report they’re online almost constantly and 48% who say…

Every small business can benefit from having a risk management framework in place to minimize risk, liability and lawsuits. But for real estate brokers, it’s truly essential to…

As a real estate professional, you face many risks every day in the course of business. Claims for “breach of duty” are just one of those risks. Here’s…

Client visits are an everyday occurrence for a real estate broker’s office. But what if a client trips or falls at your premises? What happens if something accidentally…

As a real estate professional, there are risks in your business which make you vulnerable to lawsuits. When you’re balancing multiple listings, contracts, clients, prospects, open houses, marketing…

Managing the risk of E&O claims and lawsuits is especially important in real estate. One serious lawsuit could destroy your business -- or your reputation. So you want…

Have you ever received a call from unhappy buyers because of misinformation in an MLS listing? Trying to deal with issues like these can be a big headache—and…

Have you ever overlooked something small that could have big repercussions? Most real estate professionals have. But this is just one case where some Risk Management, aka 'claim…

Real estate professionals are vulnerable when it comes to a lawsuit. Real estate is a big business, with multiple parties, lots of moving parts, and ever-shifting market regulations…

Advising a client who is sight impaired or who cannot read or write in the English language Over the years as a real estate attorney in litigated and…

You can do everything within your power to prevent a claim, but you cannot guarantee a career free of claims or litigation. There are many moving parts and…

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…