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Lawsuits do happen, The Importance of Documentation

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Services for Real Estate Pros Insurance NPN # 13379201

We stress to ALL Agents & Brokers the importance of documentation, but documentation alone is not enough – the quality of your documentation makes a huge impact. In actuality, the quality of documentation (or lack thereof) is one of the most important factors in determining the direction an E&O claim takes.

It is crucial that agents are diligent about documenting all interactions with prospects and customers because a lawsuit is the last thing you or your Broker want.

 

We recommend that agents develop an ability to take notes detailing any questions asked or details raised during meetings with clients or prospects, whether face to face or on the phone. It’s then advised that you provide some type of memo back to the client chronicling your discussion. By keeping up this level of documentation with your client’s you can easily identify and address any potential misunderstandings between what your clients have requested of you and you’ve provided. If a problem occurs later this allows you to reference the shared document and remind the client of your conversation.

 We know firsthand how hard agents work to sell themselves to prospective home buyers. It’s important you find a balance between talking and listening as well as documenting these discussions. For best results, document as soon as possible after wrapping up your meeting to ensure details are fresh in your mind. While it may some time to develop a habit of quality documentation, it will be time well spent and could be what absolves you in the event of an E&O claim.

 

For quote on E&O Insurance or if you have any questions, please call 863-624-4000

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Comments (55)

Bill Morrow
Keller Williams of Central PA - Mechanicsburg, PA
Bill Morrow, Associate Broker

Whatever you do, get in the habit of keeping a notebook beside your phone and write down each conversation and call you make.  Confirming the conversation in an email is a plus, and don't be afraid to ask the person you are speaking with to highlight the points in an email to you.  I often do this when I am driving, which is the excuse I use for the request to have them send me the email.  An email from the other party, I have found, is indisputable confirmation of the conversation.

Dec 11, 2012 10:50 PM
Lanise Warrior-Johnson
Real Estate Brokers Services, Inc. - Compton, CA
Real Estate Specialist
Great post. I love email because it leaves a paper trail. My previous broker was adamant that we agents do more phone communication vs email!
Dec 11, 2012 10:52 PM
Travis "the SOLD man" Parker; Broker/Owner
Travis Realty - Enterprise, AL
email: Travis@theSOLDman.me / cell: 334-494-7846

I've started loading copies of all of my pertinent (and possibles) to "The Cloud" for extra back-up and easy access.

Dec 11, 2012 11:13 PM
Karen Fiddler, Broker/Owner
Karen Parsons-Fiddler, Broker 949-510-2395 - Mission Viejo, CA
Orange County & Lake Arrowhead, CA (949)510-2395

I like to tell my clients that they are going to see a mountain of paperwork telling them that I do not know what I'm talking about. LOL

Dec 11, 2012 11:18 PM
John DL Arendsen
CREST "BACKYARD' HOMES, ON THE LEVEL General & Manufactured Home Contractor, TAG Real Estate Sales & Investments - Leucadia, CA
Crest Backyard Homes "ADU" dealer & RE Developer

As an expert witness for the past 20 years I couldn't agree with you more.

Dec 12, 2012 12:24 AM
Hella Mitschke Rothwell
(831) 626-4000 - Honolulu, HI
Hawaii & California Real Estate Broker
I thought I was the only one documenting everything. Even have a notebook that I use every day for calls I get, what was said, etc. great refresher when I need to look something up quickly.
Dec 12, 2012 12:51 AM
Jerry Newman
Brown Realty, 210-789-4216, - San Antonio, TX
Texas REALTOR, San Antonio Military Relocation

Yes, Frank. Documentation was a big support for me a few years ago when I was sued along with my broker. It pays to have a record of everything you did, and even everything you said too.

Dec 12, 2012 01:20 AM
Nan Jester
Exit Real Estate Gallery Jacksonville Beach, FL - Jacksonville Beach, FL
Realtor, Exit Real Estate Gallery

We so don't expect a problem most of the times so it is easy to be complacent.

Dec 12, 2012 01:55 AM
Sharon Sanchez
Ace Home Realty - Carson, CA
Your Number "1" Source For Real Estate.

Frank thank you for your post.  I did have a conversation log for each file, but I never email to confirm what we've discussed.  Now I'll add email.  Thanks again.

Dec 12, 2012 02:28 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Frank, it is the same in the Mortgage Business, we need to document, and then document some more.

Dec 12, 2012 09:17 AM
Sharon Parisi
United Real Estate Dallas - Dallas, TX
Dallas Homes

Email is a great resource in a court of law! Many people do not keep emails, so those who do have leg up!

Dec 12, 2012 11:20 AM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

Super advice. Documentation is so much easier now than it was before we all started using email - and putting things in writing is a fine way to avoid misunderstandings, too.

Dec 12, 2012 04:01 PM
Bob Miller
Keller Williams Cornerstone Realty - Ocala, FL
The Ocala Dream Team

Hi Frank, we agree.  We use Top Producer and keep notes on every activity that occurs relative to a file.

Dec 12, 2012 07:05 PM
Rob Renk
Center Street Lending - McKinney, TX
AE | Fast Fix/Flip Loans for Residential Investors

Something to always keep in mind.  You never know when something will go wrong and it is better to plan ahead.

Dec 12, 2012 11:07 PM
Sabrina Schirmer
National Insurance Solutions, LLC - Winter Haven, FL

Frank, I agree with you,documentation is an important part of any transaction weather it is Real Estate, Mortgage, Title Insurance or any financial transaction

Dec 16, 2012 09:40 PM
Insurance Solutions
Insurance Solutions Unlimited, LLC - West Palm Beach, FL
Insurance

Documentation is important. Many lawsuits could be prevented if the proper documentation was provided

Jan 05, 2013 11:12 PM
Debi McKamie
McKamie Real Estate Services, LLC - Meridian, TX
Realtor®/Property Manager

I was trained in property management to document everything.  This has paid off so many times through the years.  I know preach it to my team.  During my days as an onsite manager, I kept a spiral notebook next to my phone and documented everything.  It was so detailed that should I be ill the next day, my assistant should be able to go to the notebook and know exactly what needs to be handled for the day.  Good post! 

Jan 23, 2013 10:15 PM
Frank Laisch
Orlando, FL
"The Insurance Guy"

Debi, Thank you. The importance of documentation is soo very important, good habits like your are vital in protecting your liability   

Jan 24, 2013 08:43 PM
Tracy Lee Parker
RE/MAX DFW Associates - Royse City, TX
Buy*Sell*Rent

We have a big problem with tenants "texting" repair requests. We tell them it has to be in writing and a text does not constitue in writing! Thanks for the post, printing and giving to my office manager to read!

Feb 04, 2013 02:02 AM
Frank Laisch
Orlando, FL
"The Insurance Guy"

Tracy, I hear that often and having a written request is so important. thanks for your Comments

Feb 04, 2013 02:59 AM