E & O Overview for Distressed Property Broker-Agents

Distressed property broker specialists know thatagency relationship with each client. If you are acting
performing broker price opinions is a possibility withoutas dual agent, by representing both buyer and seller in
transacting real estate owned. But transacting REO isa transaction, ensure this relationship is acknowledged
not a possibility without performing BPOs.and agreed-to in writing by both parties.
One of the main requirements in working REO andMake sure material facts are always brought to the
BPOs is that each broker has adequate errors andforefront of any transaction so you are not accused
omissions insurance coverage. E & O insuresof failing to disclose relevant facts you would have or
principles in real property transactions that the licenseeshould have known. A material fact is one that would
has professional liability claim coverage. Mostlikely affect the conduct of a reasonable person, thus
corporate clients require $500,000 minimums and someaffecting a buyer's decision to enter into a contract or
require loss limits of up to $1,000,000 per occurrence.affecting the price offered.
Obtaining a comprehensive E & O policy can beWhat specific business procedure basics can you
difficult, especially for those of us who own andemploy to reduce E & O premiums?
operate our own shop. Broker/agents at large firms• Utilize seller and buyer disclosure forms
typically obtain E & O policies through their• Always use standardized contractual
brokerage's group insurance. Premiums are generallydocuments
deducted from an agent's transaction fees.• Utilize home warranties in your sale
What aspects of your business practice dotransactions
underwriters analyze in order to determine your E• Recommend qualified home inspectors for
& O premiums?buyers
• Value of properties you sellThe following companies are a few of the largest
• Individual transaction volumeserrors and omissions insurance providers in the country
• Your gross revenuesfor licensed real estate professionals:
• Your formal risk management procedures• Sentry West Insurance Services, Salt Lake
Misrepresentation and failure to disclose are the twoCity, UT
most common professional claims associated with• Hartford Financial Products, Hartford, CT
licensed broker/agent business practices. To minimize• Travelers Insurance, St.
your liability, be sure you thoroughly disclose your