How Home Warranty Protection can Prevent Real Estate Experts from Facing Lawsuit
By Steven De Nazareth
Updated: May 22nd, 2019
For the majority of people procuring or selling their home is an important undertaking. So what happens when a real estate closing goes skewed? How can you make sure that your interests are fully protected?
At the law offices, the attorneys offer experienced and knowledgeable legal services to clients involved in real estate disputes.
What all real estate professional must know in order to avoid leaving himself exposed or susceptible to unnecessary lawsuits?
When you imagine about the golden boys of real estate sales, do you call up images of pencil pushers filling out paperwork, documenting transactions, grunting through the trail? Or do you picture the pro with the gift for gab, the Wonder Kid of real estate property elocution; the kind who is to the point at the art of playing matchmaker between buyer and property?
This kind of pro who is off the charts and on the game doesn’t worry about documentation. Why? He’s too busy leaving prospective buyers in a state of shock, open mouthed, standing frozen at the cherry wood stained floors, eyes shining with the gape of remembrance of things past- as the Wonder Kid has brought him back to the very home he now stands in, as if – it would seem – it has been time – traveled straight from his childhood into the present and rebuilt for him alone.
“I’ll take it. Whatever the cost.”
Watch it. This hotshot is the poster child for being taken benefit of. Small details ignored could give you expensive outcomes. It is important to keep in mind that in a controversial society, no one is excused from liability, but there are safety measures that can be taken.
Before knowing the steps to protect your professional reputation, we can talk about the reasons why the trend toward litigation is growing rapidly, mainly in this industry.
Alternative Financing Options are great at making the dream of homeownership a reality for a lot of Americans, but they are increasing difficulty of transactions. With so many cooks in the kitchen expecting a payout, when deals fall flat it creates a Mecca for controversial opportunities.
Merging, Acquisition and Consolidating of real estate companies is causing chaos on data systems and the organization of information. This increases chances for important pieces of data to fall through the cracks and create gaps in the paper trail.
Increase Call for Further Documentation of all dealings and an overall record of the entire process is throwing more curve balls at real estate sale agents who may be hiring small armies to help them in capturing the thorough details. For instance, if a home warranty is recommended verbally by the seller, it’s better to get it in writing from the buyer if he turned it down. if not, realtors may be raising the cost for risking a home warranty lawsuit.
Realtors as Sitting Ducks– A lot of realtors wind up the natural scapegoat as blame usually defaults on them. For example, this takes place through property defects being disclosed after the sale is made – however unplanned – the agreement for lawsuit normally involves the realtor had been aware of the fault.
Risk Management for Every Realtor
- Recommend a home inspection
- Develop improved documentation precis
- Practice clarity in communication
- Be fair
Recommending a home check is practical and it builds faith. Most new homeowners will not miss the logic in this age will have the same opinion. Those who decline should sign a waiver which documents their decision to refuse. In this way, you will be free from harm should it turn out that there is a household system or appliance in need of repair, in the future. Should the new owner become unruly and make false claims suggesting you had never recommended the inspection, you have it in writing and there is no case.
What else can you do to defend against the threat of legal pursuit? Begin with a property disclosure form and use a standard sales contract. Ensure your staff is detail-oriented and on top of their game with record-keeping. Wording in all documents must be as to the point. Ambiguous language presents more opportunity for debate. Like any other transaction involving the exchange of currency, it is not sensible to carry through transactions with family members or friends.
The final thing a realtor can do to prevent the possibility of legal pursuit is simple enough.
- Always observe a high code of ethics and carry all business transactions with honesty.
- Keep the slate clean and the unblemished reputation will surely follow.
- Stick to higher ground, and consider, the threat of litigation will always appear in the not-too-far-off distance – so do what you can to prevent legal pursuit.
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