CRES Insurance Risk Management Webinar Series

Mark Carlson from the Carlson Law Group and Dave Miller VP of Sales with Fidelity National Home Warranty discuss the status of Real Estate E&O claims in California so far in 2025.

Real Estate Brokers are still vulnerable to claims about disclosures -- by both the broker and the seller, and proving exactly what was disclosed and how. Property management details are also a key area for claims right now. Check out these attorney tips on how to stay out of legal trouble. Subscribe to the CRES Insurance channel for more tips for real estate professionals.

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.

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 litigationMisunderstandings client communications over commissions, and the NAR lawsuit Pitfalls of dual agencySelling outside of your area Home warranties as Risk Management toolsReleases 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.joFDaeReihbhZaH84NKQ

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 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 isWhy they are requestedWhy they can’t be ignoredHow real estate professionals can avoid litigationWhy appearing in court on your own is a bad ideaHow a qualified real estate attorney can help youAlways 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 yourselfHow long should you keep client filesThe importance of an attorney that specializes in real estate E&O should you have issuesWhen 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.

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 formWhy it’s critical the seller completes the form and NOT the broker or licenseeHow translating the form for the seller can lead to a lawsuit and should be avoidedThe difference between ‘factual’ and ‘legal’ questions and how the broker or licensee can minimize risk when fielding questions from clientsThe impact of incomplete forms and who is responsible for following up before escrow closesWhy the form is so important to buyers to make an informed decision about a property

Follow Fair Housing Act Standards in Real Estate AdsTopics include:Guidelines regarding criminal background screening for housing applicantsWhat do the Real Estate Agents and Real Estate Professionals need to knowBlanket 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 attorneyThe dangers of non-contingent offersSeller Purchase of Replacement Property (SPRP) forms and why they must be completed carefully to avoid a lawsuitWire fraud latest scamsThe 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 toKey dates for property managersHow the new licensing process will workExemptionsFees Penalties and fines for non-complianceProperty 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 2In 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 mistakeFair Housing claims and how to avoid themAppraisal gaps and how they can lead to doubt and uncertaintyWhy agents should advise buyers to still go ahead with inspections, even in a competitive marketThe importance of monitoring deadlines, and being cautious when terminating or extending contractsWhy do agents need to remind sellers about their duties and disclosure responsibilities How agents and brokers can manage client expectations Contingent offersIssues when agents change brokerages How the CRES Advantage Plan can protect sellers and add value to your listingsThe 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 mistakeFair Housing claims and how to avoid themAppraisal gaps and how they can lead to doubt and uncertaintyWhy agents should advise buyers to still go ahead with inspections, even in a competitive marketThe importance of monitoring deadlines, and being cautious when terminating or extending contractsWhy do agents need to remind sellers about their duties and disclosure responsibilities How agents and brokers can manage client expectations Contingent offersIssues when agents change brokerages How the CRES Advantage Plan can protect sellers and add value to your listingsThe 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 BrokerWhat Should a Broker Care AboutWhy is New Agent Training ImportantWhat 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?DeductiblesRelease 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 agreementThe 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 timeframesDealing with multiple counteroffersWhen you have a validly approved counter-offer — and when you don’tDual 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 itDealing with properties that have termite and rodent issuesWorking 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’ sellersWhy getting sellers to fill in their own disclosure forms is crucialNegligent non-disclosure vs intentional misrepresentation Inspection periods where there are multiple offers