Reduce your E&O Liability - Platinum Realty
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Reduce your E&O Liability

March 2, 2026

In today’s real estate environment, protecting your business isn’t optional—it’s essential. While Platinum Realty provides brokerage-level Errors & Omissions Insurance coverage to safeguard agents, individual habits and documentation can make a significant difference when it comes to reducing liability, and even lowering an agent’s share of E&O costs in the event of a lawsuit.

Prevention Measures

Use Approved Board & Platinum Realty Form

Only use board approved forms as we are not trained to use external forms, advise buyers and sellers to seek legal counsel for any questions regarding these.

Encourage Professional Inspections

Strongly recommend that buyers obtain a professional inspection. If a buyer refuses an inspection , send a cautionary email outlining the associated risks.

Acting as Both Principle and Agent

You must disclose any time you have a financial interest in the transaction or provide services to the property

Warranty -Included or Waived

Transaction must include a warranty provided in the purchase agreement, or it is waived in writing with a buyers signature . **Learn more about United Home Protection’s home warranty & increased E&O coverage when you waive warranties through their system!

Claim Reporting Procedures

Timely Reporting of Claims

Coverage is only applicable if a potential claim is reported immediately after becoming aware of the issue. This does not start a legal process, and many times never evolves into anything, but if we do not report and there is a claim in the future we could be denied coverage

Exclusions 

Fraudulent acts committed by the agent are not covered

Coverage Scope

Coverage applies to the company and the agent not the buyer or seller. Additionally your contribution will be reduced if all preventative measures were incorporated

Claim, Demand and Lawsuit Process

Initial Reporting 

Once a claim is reported, an attorney will be assigned and the Broker will send an email outlining the process and requesting all relevant documents and communications.

Restrict Communication 

Do not discuss the claim, demand or lawsuit with any parties outside of the legal/Brokerage team

Court Proceedings 

If the case proceeds to court, all parties involved may be required to participate in depositions. Depositions involve answering a a series of questions from attorneys on both sides in preparation.

The bottom line? The best way to lower your share of E&O costs is to lower your risk in the first place. Strong documentation, professional boundaries, and consistent communication not only protect you in the event of a lawsuit—they also elevate your reputation and client experience.

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