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Risk Management

By
Real Estate Agent with Keller Williams

I attended a seminar today, it is a seminar our market center holds yearly. It is required by our market center to be in compliance, I am assuming with our E & O insurance policy. I must say that every year it is quite entertaining. Our attorney comes in and gives a presentation on issues that come up in our industry. Today I took several things to mind. He mentioned that in the state of Texas, there are now more lawyers sueing real estate agents,  but then stated that there were not more lawyers now than there were five years ago? You ask...ok, how is it that there are more lawyers now than then? Well he explained that because of all the reforms on medical malpractice lawsuits, many lawyers lost their bread and butter, so they have to make money some how right? Well guess where they directed their efforts now? Bingo! Realtors. He referred in no unspoken terms that the real estate industry was working with the state to try and reform real estate limits of liability as well, we will see.

Some other interesting information passed along to us:

He said that he recommends that all agents offer a "General Information and Notice to a Buyer" form. Have them read and sign it for your file.

Be a proactive phone caller, making sure to call your clients frequently..even if you have nothing to report to them. Being pro-active as opposed to re-active in this regard, always seems to prevent problems down the road.

If you know you have a client that is going to be a problem right up front, he said get rid of them then, do not wait until it bites you in the form of a lawsuit.

He noted that many of his clients that he represents, have not kept clean files on transactions, he also noted that you should keep everything regarding your client in that file, emails, faxes, etc... One of the issues he said he has had a problem with in the past is and agent sends and email, and requests a read reciept, well in court that does not hold up as notification to your client, how do you prove that your client was the person who opened and read that email? He said you need to try and get a reply email stating that they got it, and ask them how they feel about what you sent? Same goes with faxes.

And one last thing I might note, I never thought about this myself, but he has had many cases where a seller has not updated a sellers disclosure while the home has had repairs done to it while on the market. He said as a buyers agent you should always ask the selling agent for an updated sellers disclosure form. This protects your buyers from any misleading information about the property they intend to purchase.

Brad Andersohn
Retired Executive Director of Education at eXp - Boulder Creek, CA
ActiveBrad - 707.646.1876

Hi David, I see this is your first post on Active Rain.  Congratulations!!  I just wanted to welcome you to our Real Estate Industry Network! 

Welcome aboard, I hope you'll continue to blog, and invite others.  Wishing you all the success this industry has to offer.

Enjoy!!

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Good Luck to you and your business!

Aug 08, 2007 12:33 PM
Peter M . Christopher
Fairfield County Home Inspection LLC - Fairfield, CT
Residential & Commercial Inspections in
Welcome to A/R, You will find this is a great place to network.
Aug 08, 2007 02:54 PM
Anonymous
Josh DeShong

David,

Congrats on Rookie of the Year, Your a great team player, AND I'm glad to work at he same office as you! Keep it up bro! I would say your post was good, but I was there so...

Aug 17, 2007 09:37 AM
#3
John Novak
Keller Williams Realty The Marketplace - Las Vegas, NV
Henderson, Las Vegas and Summerlin Real Estate
Welcome to ActiveRain, David, from a fellow KW agent! One of my favorite risk management tips is "Be the source of the source." Never offer your opinion on schools, crime, etc. Instead, refer them to the proper public source so that they can easily find the information and draw their own conclusions.
Aug 17, 2007 04:11 PM
Jon Lu
Coldwell Banker Platinum Group - San Jose, CA

David, our office recently had a similar seminar.  No doubt it covered some very important topics we need to be aware of.

Jul 04, 2008 10:30 AM