CRES Insurance Risk Management Webinar Series: Recent Episodes
CRES Insurance
You'll find detailed tips to help real estate professionals be successful while minimizing the risks of E&O claims and real estate lawsuits. CRES specializes in protecting real estate professionals with customized Errors and Omissions insurance. We can directly underwrite your real estate E&O policy, or help you find the best option if we are not the best fit. We also help real estate business owners and real estate offices with liability, property, cybersecurity, and workers' compensation insurance.
For real estate professionals, how should you handle unrepresented buyers, given the current status of buyer commissions? What questions should the listing agent ask? How would an offer be written and evaluated by the seller? What about dual agency issues? View the webinar to learn the issues to be wary of and how to avoid a lawsuit as a listing agent.
Welcome to the FFCRA presentation with CRES. Today we’ll be sharing with you how you can access this last remaining COVID relief money.
The FFCRA is a federal program that compensates eligible self-employed individuals for up to 130 days of missed work due to COVID-related issues. This is not a loan, but a refund on taxes you have already paid in 2020 or 2021 up to $32,220. The IRS issues this as a tax credit.
Kathryn Holbert from Nevada Real Estate Law and Dave Miller, Regional Vice President with Fidelity National Home Warranty, talk about the latest risk management issues for real estate.
This informative webinar covers:
- The most common reasons real estate professionals face litigation
- Misunderstandings client communications over commissions, and the NAR lawsuit
- Pitfalls of dual agency
- Selling outside of your area
- Home warranties as Risk Management tools
- Releases when you’re asked for money
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 some simple steps to their routines to reduce their risk.
CRES Insurance Services sponsored Webinar with REALTOR Magazine - The one thing that can save Real Estate Professionals from a career-crushing mistake.
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 in Nevada if served with a subpoena.
Kathryn is joined by Dave Miller, Regional Vice President with Fidelity National Home Warranty in this informative webinar that covers:
- Exactly what a subpoena is
- Why they are requested
- Why they can’t be ignored
- How real estate professionals can avoid litigation
- Why appearing in court on your own is a bad idea
- How a qualified real estate attorney can help you
Always contact your E&O insurance company when you receive a subpoena.
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 Texas, but the overall 8 points apply to every state.
Dave Miller, Regional Vice President with Fidelity National Home Warranty, talks to Tom O’Connell, an attorney with Gauntt, Koen, Binney & Kidd. Tom has been defending real estate professionals since 1986 and has been a valued member of the CRES legal panel for more than 20 years.
In this informative webinar, Dave and Tom discuss:
- The pitfalls of being involved in transactions or taking on responsibilities beyond your expertise. How to decide if you should disclose something (including prior reports on a property)
- How to include details of a property in marketing materials and protect yourself
- How long should you keep client files
- The importance of an attorney that specializes in real estate E&O should you have issues
- When should you tell your E&O carrier about an issue?
- How real estate E&O insurance can help you keep your real estate license
Tom shares real-life litigation scenarios from cases he has defended. He also provides valuable tips so you can minimize risk in your real estate business.
Follow Fair Housing Act Standards in Real Estate Ads
Topics include:
- Guidelines regarding criminal background screening for housing applicants
- What do the Real Estate Agents and Real Estate Professionals need to know
- Blanket prohibitions on criminal conduct
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 in September 2021. In this webinar, Kathryn Holbert from Nevada Real Estate Law and Dave Miller, Regional Vice President with Fidelity National Home Warranty, talk about the amended duties of sellers’ agents regarding handling the SRPD.
This informative webinar covers:
- The statutory duties for licensees and brokers
- Why it’s essential for real estate professionals to understand and use the new form
- Why it’s critical the seller completes the form and NOT the broker or licensee
- How translating the form for the seller can lead to a lawsuit and should be avoided
- The difference between ‘factual’ and ‘legal’ questions and how the broker or licensee can minimize risk when fielding questions from clients
- The impact of incomplete forms and who is responsible for following up before escrow closes
- Why the form is so important to buyers to make an informed decision about a property
Follow Fair Housing Act Standards in Real Estate Ads
Topics include:
- Guidelines regarding criminal background screening for housing applicants
- What do the Real Estate Agents and Real Estate Professionals need to know
- Blanket prohibitions on criminal conduct
The California real estate market has experienced extremely low inventory, but things have started to normalize in recent weeks. In this webinar, attorney Mark Carlson from the Carlson Law Group, and Dave Miller, Regional Vice President of Fidelity National Home Warranty, provide an update on some of the current issues in our real estate market.
This informative webinar covers:
- Eviction moratoriums and why real estate professionals should have their clients talk to an attorney
- The dangers of non-contingent offers
- Seller Purchase of Replacement Property (SPRP) forms and why they must be completed carefully to avoid a lawsuit
- Wire fraud latest scams
- The new Home Hardening Disclosure Laws, and what they mean for sellers, buyers, and real estate professionals involving wire fraud.
There are extremely low inventory levels for housing across multiple states right now. A significant portion of the real estate market is individuals who are simultaneously selling a home they live in and buying another they intend to live in.
It’s very common to include buyer contingencies in the purchase agreement, which makes the purchase contingent upon the sale of the buyer’s property.
However, there’s no corresponding contingency for the sellers if they’re unable to buy another property before the transaction closes.
The reality of the current market is that even if a seller has significant cash funds, they may not easily find another property to live in (whether buying or renting). Sellers in this low inventory environment are finding themselves with nowhere to live if they complete the sale of their homes.
In this webinar, attorney Kathryn Holbert, from Nevada Real Estate Law, LLC, and Dave Miller, Regional Vice President of Fidelity National Home Warranty, discuss this issue. The webinar covers what real estate professionals can do to help sellers in this predicament and how to prevent it from happening
Given the current Seller’s market and scarcity of homes for sale, office-
exclusive listings (also called whisper listings) have become a more common
occurrence. In this situation, a broker/agent takes a listing with a buyer in
mind, so the property is never advertised to the general public via the MLS
and/or other public sources.
This practice is not illegal or unethical in and of itself — however, it is
problematic and does present several possible pitfalls.
Watch the webinar (or review the transcript below) to learn more about the pros
and cons of whisper listings, commission issues, differences with pocket
listings, “coming soon” listings — and how to reduce your risk while doing
business.
A review of requirements for real estate professionals when presenting and rejecting real estate offers.
If you’re buried in offers (usually a good problem to have), this webinar covers some key points to know to stay out of trouble. (We talk with an attorney in Nevada, but her suggestions may apply to your state as well. Be sure to review your own state regulations.)
- Nevada Revised Statutes 645.254(4) states that “A licensee who has entered into a brokerage agreement to represent a client in a real estate transaction shall present all offers . . . as soon as is practicable . . .”
But what if you have 20 or more offers on a property? Learn how to handle presenting those offers to your sellers, without overwhelming them and meeting their requirements for a sale.
- Nevada Administrative Code 645.632 states that “. . . if the seller does not accept an offer . . . after an offer has been presented to the seller, the licensee shall provide to the buyer . . . written notice signed by the seller which informs the buyer that the offer has not been accepted by the seller.”
But how do you handle rejections when you have so many offers to deal with?
Learn what to do ̶ and not to do ̶ when returning rejected offers, and some options for dealing with rejecting multiple offers on a property. This webinar will also address the problems with setting deadlines for accepting offers.
Denver City Council recently passed a new bill that imposes licensing
restrictions on long-term rental property owners. In this webinar, the attorney
Anthony Lally from White & Steele, and Dave Miller, Regional Vice President of
Fidelity National Home Warranty, discuss what these changes mean for
property owners and real estate professionals.
This informative webinar covers:
- What the new bill aims to achieve and who it applies to
- Key dates for property managers
- How the new licensing process will work
- Exemptions
- Fees
- Penalties and fines for non-compliance
- Property owner and property manager responsibilities
- Potential impact on the rental market in Denver
Whether you’re a property manager or a real estate professional representing a
buyer, this new bill could potentially change the investment property
landscape in Denver.
Preventing Claims in a Hot Sellers Market, Part 2
In many markets right now, there’s a limited amount of inventory and surging demand for property. In this “hot seller’s market” with fast-moving properties, real estate professionals face increased risks.
In this webinar, attorney Jim Meseck, from White and Steele, and Dave Miller, who manages the CRES Advantage Home Warranty Program, discuss how real estate professionals can prevent claims in the current market.
This comprehensive and informative webinar covers:
- How agents can help sellers to avoid accepting multiple offers by mistake
- Fair Housing claims and how to avoid them
- Appraisal gaps and how they can lead to doubt and uncertainty
- Why agents should advise buyers to still go ahead with inspections, even in a competitive market
- The importance of monitoring deadlines, and being cautious when terminating or extending contracts
- Why do agents need to remind sellers about their duties and disclosure responsibilities
- How agents and brokers can manage client expectations
- Contingent offers
- Issues when agents change brokerages
- How the CRES Advantage Plan can protect sellers and add value to your listings
The key to success for brokers in a hot seller’s market is to get listings, close deals, and keep clients happy. Risk management is also essential to prevent claims and protect your real estate business.
In many markets right now, there’s a limited amount of inventory and surging demand for property. In this “hot seller’s market” with fast-moving properties, real estate professionals face increased risks.
In this webinar, attorney Jim Meseck, from White and Steele, and Dave Miller, who manages the CRES Advantage Home Warranty Program, discuss how real estate professionals can prevent claims in the current market.
This comprehensive and informative webinar covers:
- How agents can help sellers to avoid accepting multiple offers by mistake
- Fair Housing claims and how to avoid them
- Appraisal gaps and how they can lead to doubt and uncertainty
- Why agents should advise buyers to still go ahead with inspections, even in a competitive market
- The importance of monitoring deadlines, and being cautious when terminating or extending contracts
- Why do agents need to remind sellers about their duties and disclosure responsibilities
- How agents and brokers can manage client expectations
- Contingent offers
- Issues when agents change brokerages
- How the CRES Advantage Plan can protect sellers and add value to your listings
The key to success for brokers in a hot seller’s market is to get listings, close deals, and keep clients happy. Risk management is also essential to prevent claims and protect your real estate business.
Topics include:
- Premise and Responsibility of a Broker
- What Should a Broker Care About
- Why is New Agent Training Important
- What is Fraud?
- How do you know if you have a claim?
- What does a Broker do next?
- How do claims affect premiums?
- Do brokers have a say?
- Deductibles
- Release Forms
The Residential Purchase Agreement is the most important form of a real estate transaction. But it’s also the cause of most of the litigation that occurs in real estate.
In this webinar, Mark Carlson, an attorney from Carlson Law Group, and Dave Miller, who manages the CRES Advantage Home Warranty Program, discuss 5 key issues to consider when filling out the Residential Purchase Agreement (RPA), including:
- The dangers of having incomplete information in the purchase agreement
- The pros and cons of buyers specifying service providers in the agreement for things like escrow, title, and home warranty.
- Properties with tenants and possession issues during the pandemic, with the uncertainty of eviction moratorium timeframes
- Dealing with multiple counteroffers
- When you have a validly approved counter-offer — and when you don’t
- Dual agency is also a hot topic right now. The current market is tough and opportunities to be both the listing agent and buyer’s agent can be lucrative with commissions – but they can also be dangerous. Mark and Dave discuss the potential pitfalls, the importance of disclosure and confirmation, and your fiduciary duty if you do decide to pursue dual agency opportunities.
The majority of real estate E&O lawsuits are a result of failures to disclose. In
this webinar, Mark Carlson, an attorney from Carlson Law Group, and Dave Miller,
Regional Vice President with Fidelity National Home Warranty, discuss the
pitfalls of failing to disclose.
Whether it’s a simple mistake or an intentional failure to disclose, you can find
yourself in hot water if a buyer discovers major property issues after the
transaction is complete. Real estate agents must be extra diligent to avoid legal
issues.
This comprehensive and informative webinar covers:
- What agents should watch out for when inspecting properties
- If something looks wrong, why you should ask about it
- Dealing with properties that have termite and rodent issues
- Working in a ‘hot market’ and the dangers of submitting non-contingent offers
- Working as a buyer’s agent or seller’s agent for flipped properties
- The concept of ‘interviewing’ sellers
- Why getting sellers to fill in their own disclosure forms is crucial
- Negligent non-disclosure vs intentional misrepresentation
- Inspection periods where there are multiple offers
Like many other industries, real estate has been significantly affected by COVID-19. Property management is one area in particular, which is experiencing much pandemic-related change. There’s no doubt the risks are much greater in this current environment, and lawsuits are on the rise.
For many property managers, keeping on top of COVID-related laws and restrictions presents a challenge in itself. This is especially so if you’re managing properties across different counties or cities. But, it’s essential if you want to avoid a lawsuit in a COVID world.
In this webinar, attorney Mark Carlson from Carlson Law Group and Dave Miller, Regional Vice President with Fidelity Home Warranty, discuss what California real estate professionals can do to reduce the risks when managing property.
This comprehensive and informative session covers:
- An overview of the COVID-related risks property managers now face
- The importance of property management agreements
- What to consider when dealing with evictions
- Habitability claims
- Arranging access to properties for inspections, repairs, and/or emergencies
- Best practices for property managers during the pandemic
COVID-19 has brought a lot of challenges to the real estate industry. Keeping up with exactly what forms should be used in transactions is one of those challenges. Keeping up-to-date with changes to the forms and guidelines as they evolve during the pandemic is another.
There are risks today that didn’t exist ever before in the real estate industry. In this webinar, attorney Mark Carlson from Carlson Law Group and Dave Miller, Regional Vice President with Fidelity National Home Warranty, cut through the confusion. They take this complex topic and break it down into easily digestible pieces of information which can help your real estate business stay on track during the pandemic.
Real Estate Broker Beware
This webinar covers the most frequently litigated issues and licensing complaints, along with problem-solving strategies and litigation defenses. (Note that all real estate professionals in Colorado are referred to as “brokers”, so this discussion applies to everyone selling real estate.)
You'll get a review of the top complaints against Real Estate Agents and what you can do to help prevent claims around them:
- Septic systems
- Solar leases
- Water intrusion and/or mold
- Water rights
- Failure to review and correct Seller’s Property Disclosures
- Agent-owned property and additional supervision
- Incomplete and duplicate contracts
- No permits
- Easement errors
- Mineral rights
- Failure to review or recommend survey
- Contract drafting
- Failure to review title
- Loss of earnest money
Are you involved in managing properties? Often real estate agents and brokers are subject to criminal or civil lawsuit claims by tenants or government departments.
In this webinar, hosted by attorney Rinat Klier Erlich from Manning & Kass Ellrod Ramirez Trester, we discuss the main risks to watch out for when managing real property.
We cover:
- Discrimination – what it is and how to deal with families, people with disabilities, and pets
- How you should address unique tenancies
- What you need to do to comply with the laws regarding deposits
- Why you don’t need to fear mold
Easy steps to minimize your risk as a real estate professional in the state of Texas
In this webinar, you will learn practical steps to take to minimize your risk as a Texas real estate professional. We’ll discuss the importance of disclosures, why you should document everything when it happens (even if your clients are friendly), and why you should stick with what you know.
We’ll also cover how to manage and reference information obtained from other sources so it won’t come back to haunt you. Plus, you’ll get an overview on to evaluate E&O insurance to minimize your risk of loss and ensure your activities are protected.
Clips & References:
"He just died last night" Adam Mckay, Jon Brion, Hal Willner & Bruce Fowler, R. G. (2008) STEP BROTHERS. USA.
Real Estate Professionals: Avoiding Claims from the California Wildfires
In this free webinar, you will learn important steps you can take to reduce the
risk of a lawsuit for you and your clients when dealing with properties affected
by the wildfires or in fire-prone areas.
We will cover:
- When you should include severity zone and wildfire area disclosures, and how
- you should do this
- How to review disclosure statements about natural hazards with your clients
- When it’s appropriate to engage a third-party consultant and what your level
- of liability is if you do
- How to assess the risk as a property manager when leasing to displaced
- natural disaster victims, whether you are representing landlords or renters