If you work as a real estate broker or agent long enough, you will eventually get dragged into a lawsuit over some kind of issue the buyer has with the property he/she purchased. If the lawsuit is even remotely related to questions about the adequacy of the seller’s disclosures or some other issue involving the condition of one or more components of the home in question, you may find your salvation comes from an unusual source…the buyer’s home inspector. Yes, you read that right.
inspections Blog Posts
Over the past few years, more and more E&O insurance carriers offering coverage to home inspectors are asking a question about pre-inspection agreement use on an application for new/renewal coverage. The question reads slightly differently from carrier to carrier, but the essence of the question is whether you obtain a signed pre-inspection agreement from all of your customers.
There are a lot of things homeowners can do to add value to their home. But there are just as many ways they can decrease their home’s worth without even realizing it. Everyone knows that neglecting their yard or painting their house neon pink could make their home less valuable. But whether you’re planning to sell, to refinance or to rent on Airbnb, there are steps you can take to retain, and even increase, the value of your home. Avoid these five common mistakes.
In a rare occurrence, a New Jersey Court recently enforced the State’s prohibition against frivolous litigation against a plaintiff who sought to sue a home inspector following a failed real estate transaction.
Insurance: that annoying but potentially beneficial thing we pay good money for and hope to never use. Insurance can protect your car, your business, your family, your home and more. The downside? It can often put a big red target on your back that says “sue me.”
When I was in law school about 100 years ago, my real property professor mentioned “caveat emptor” in almost every class. Loosely translated this means “let the buyer beware.” The legal principle behind “caveat emptor” is that a person who buys something without any kind of warranty is responsible for making sure it is in good condition, and if they don’t take this responsibility, then tough luck.
Whether in the field or at the office, there’s much at stake every day. Yet, many of us continue to overlook the importance of professional liability insurance.
Commonly known as errors and omissions - or E&O - insurance, these policies are designed to protect you against legal recourse should a lawsuit be filed against you. However, not all policies are created equally, and premiums are continually on the rise. So what’s the story behind these additional costs?
When it comes to real estate, risk is the name of the game. While it’s impossible to predict the future, there are steps you can take to prevent or defend against lawsuits brought about by errors and omissions made during the delivery of your services. Today, we’ll show you why taking a proactive approach to mitigating your risk matters so much.
A recent case out of San Diego County underscores the importance of clearly outlining the scope of your inspection in your inspection agreement.
In that case the plaintiff, a 20-year old male college student was visiting friends, who were also college students, at a home they rented near San Diego State University. The plaintiff decided to participate in the sport of Parkour, utilizing a free-standing six foot concrete block wall located in the home’s backyard. (“Parkour” is defined as the sport of traversing environmental obstacles by running, climbing or leaping rapidly and efficiently).
When the plaintiff attempted to pull himself onto and over the wall,...
In helping real estate professionals find the right professional liability (E&O) insurance policy, one of the most common issues we come across is whether someone you hire to help with your intermittent workload is an employee, a subcontractor, or an independent contractor.
The IRS perspective vs. the insurance perspective
This is often confusing because what you intended to do may not be what you actually end up doing. There are a number of reasons for this. First and foremost is the fact the IRS will view this question in a different way than the insurance industry will. So, even if you get solid tax advice about which...