You have a showing and are excited to hear about the feedback, but you find out the buyers’ realtor had been making disparaging statements about you in your own home. This is what happened during a showing when the Continue Reading
Imagine finding out that the property you just purchased is not actually yours because the seller never owned it in the first place. This is a growing problem where criminals transfer the deed to a property or home Continue Reading
Every property owner wants the transition into their new home to be seamless. However, sometimes the previous owner, who gladly accepted your hard-earned money for the purchase of their home, leaves personal Continue Reading
This seems to be a popular question lately, so we wanted to share PBI Group’s thoughts on the matter. Residential real estate brokerages often have a website and email domain for their agency but not all or Continue Reading
Endpoint Detection and Response (EDR) is the name of an IT network security system that is becoming a more common cyber insurance carrier requirement for larger real estate agencies. The term EDR is somewhat new Continue Reading
Accurate disclosure documents are crucial to both sides in real estate transactions. When selling a property, the owner must always reveal essential information in a written disclosure document. The Claim Home Continue Reading
Cyber insurance is now a requirement for many real estate brokerages. This comes as more and more cybercriminals are successful in their attempts to steal information and money from real estate agents nationwide. At Continue Reading
Even for seasoned experts, selling real estate is a complex undertaking and a potential legal labyrinth. If due diligence is not done, agents and their brokers can face unexpected and unwelcome legal trouble. The Continue Reading
Not a fun read but something that could be handy if unfortunately, you need to look up your state’s laws regarding IT security breach notification requirements. Of course if you have a cyber insurance policy Continue Reading
The days of having IT systems running on your own computer hardware, in a closet at the office are a thing of the past. Almost everyone has cloud-based IT vendors running some portion of their IT stack including Continue Reading
Often times during the sale of a home, there are upgrades that require either exclusion from the contract or a separate agreement (e.g. selling furniture with a home side deal). There is potential for disclosure Continue Reading
A heated real estate market can cause agents and buyers to be careless and reckless. Often buyers feel like they need to remove purchase contingencies to make their offer more competitive. Removing a house Continue Reading
Dual agency usually happens when an agent represents both the seller and buyer of real estate in a transaction. However, it also occurs when separate agents licensed to the same brokerage firm represent both sides Continue Reading
Real estate transactions pose dangers to buyers and sellers. For example, some might think the Seller’s Disclosure form from a realtor-owned listing would be watertight. However, they would be wise to Continue Reading
Real estate agents may take on more responsibility and significant liability risks than they might realize upon entering the profession. For example, if an agent lists a house for sale without disclosing that Continue Reading
Real estate agents are at the center of every deal, causing them to face unavoidable challenges. It’s taxing enough to satisfy brokers, lenders, other agents, appraisers, and clients who demand time and expect Continue Reading
Some emotionally sensitive people with psychiatric ailments rely on emotional support animals (ESA) to help them cope. For example, an ESA aids people with disabilities or mental health issues and is part of the Continue Reading
Cyber insurance carriers have been raising rates over the past year or so, often by 100%. To help fix the route cause of cyber events which lead to claims and subsequently increased premiums; Corvus has published Continue Reading
The pandemic is causing significant changes in every business. For example, selling homes to buyers sight unseen has become a widespread practice for real estate agents. People want to move to a distant location but Continue Reading
For real estate professionals, it is a legal, ethical, and courteous practice to fully disclose all facts that directly affect the value of a property, particularly any details that influence a buyer’s perspective. Continue Reading
Real estate professionals must provide full disclosure of all material facts that impact the appeal and value of a property their clients seek to purchase. Clients who claim the real estate agent or broker failed to Continue Reading
Real estate professionals are legally bound to provide their clients full disclosure of all material facts that affect the value and post-purchase plans of a property their clients seek to purchase. In addition, Continue Reading
MFA (multi-factor authentication) or 2FA (two-factor authentication) is the same thing. These are security terms that represent an additional layer of login security for systems with valuable information such as Continue Reading
In every real estate transaction, agents and brokerages have a duty to inform buyers of material facts about the property being sold. Failure to do so can result in expensive legal claims. When a real estate agent Continue Reading
As cybercrime increases year over year the US Secret Services is helping with some useful guides to have on hand if an event does take place. Secret Service Field Office Cyber Fraud Task Forces FBI Field Office Continue Reading
Originally passed by Congress as part of the Civil Rights Act of 1968, the Fair Housing Act is an important piece of legislation that prohibits discrimination by direct providers of housing, including real estate Continue Reading
Real estate professionals are exposed to numerous risks as they represent buyers and sellers. These risks are only compounded when agents do not perform due diligence before or during the sale of a property. The Continue Reading
Coalition, one of PBI Group’s cyber carriers, publishes a bi-annual report on claims activity. Very interesting read, below are some highlights. The entire report can be found here. The 2 areas of specific Continue Reading
Real Estate E&O Claims Spotlight: Archiving Communications (Email and Text Messages) Per Transaction
Real estate professionals have a tremendous number of conversations with clients, agents, and other 3rd parties related to a transaction. Often this transaction-level communication is shared verbally or via Continue Reading
Real estate professionals are bound by a duty of care to disclose material facts that can influence the value or desirability of a given property. Failure to abide by this duty can result in expensive legal claims, Continue Reading
Licensed real estate agents have a professional duty to disclose material facts about properties for sale. They must also represent their clients; either the buyers or sellers (sometimes both) to the best of their Continue Reading
When purchasing a home, buyers and real estate agents do not always think about the utility hookups – or lack thereof – included in the home purchase. Overlooking these critical yet hidden aspects of homeownership Continue Reading
As the U.S. economy continues its post-pandemic recovery, the real estate market has seen buyer and seller interest skyrocket. In a hot real estate market, nearly every home put up for sale receives multiple offers, Continue Reading
Cybersecurity Awareness Training is starting to gain momentum among real estate agencies who are looking to help their agents and staff stay ahead of the bad guys. There are several service providers who offer Continue Reading
In addition to a strong cyber insurance policy, PBI Group believes that cyber awareness training is a great way to reduce your risk of having a cyber event. Check out the below provider of cyber awareness training, Continue Reading
In legal claims against real estate agencies and their agents, plaintiffs often focus on issues with the selling of the home, such as failing to disclose damage to the property in question or misrepresenting Continue Reading
This document is a good guide for real estate agencies who are looking for cyber security best practices to help keep their agency and agents protected from the omnipresent threat from cyber criminals. Here is the Continue Reading
Below is an example of an anti-fraud disclosure that some of our real estate clients are asking their clients to sign. IMPORTANT ALERT AND ANTI-FRAUD DISCLOSURE STATEMENT PROTECT YOURSELF FROM CYBER FRAUD This alert Continue Reading
Real estate transactions rarely go exactly as planned. When the property in question has been owned and renovated by the real estate agent, and the buyer is a close friend, the transaction could be expected to Continue Reading
Real estate professionals are bound by a range of duties, including certain obligations when those professionals sell agent-owned property or serve as dual agents and sellers of a property. Failure to uphold Continue Reading
Advertising is a critical component of the real estate industry. Promoting a home sale through the use of professionally-shot images is a common practice; such images are often used in brochures, property listings, Continue Reading
Real estate agents face numerous challenges in their profession, and transactions rarely go as planned. When it comes to estate sales, especially in the wake of the COVID-19 pandemic, the challenges faced by Continue Reading
The world’s information is at our fingertips, thanks to the Internet. On the web, it is possible to find literally millions of images, and sometimes these images are used to illustrate websites, business brochures, Continue Reading
When property is in your care, custody, and control, agents are duty-bound to maintain property premises in a safe and hazard-free manner. Failure to do so, such as in cases of neglect, deferred maintenance, or Continue Reading
In real estate transactions, both buyer and seller have a reasonable expectation of propriety. In other words, both parties expect that the transaction will be free of fraudulent practices. Unfortunately, this is Continue Reading
There are many cases of bodily injury or property damage occurring during property showings, but most people don’t consider the potential danger of pets during a showing. With over half of all American households Continue Reading
Cyber Liability policies designed to provide 1st party coverage as well as 3rd party protection have numerous definitions which can make it complicated to figure out what is addressed by the policy and what is not. Continue Reading
Potential renters and buyers are not always what they appear to be. Fair Housing Testers are individuals who pose as prospective clients in order to investigate potential discrimination in housing, particularly as Continue Reading
In the age of Airbnb and other home sharing services, it’s now easier (and more appealing) than ever for homeowners to rent out their property for an additional income. However, no homeowner should assume that they Continue Reading
Many of our real estate agency clients are concerned about wire fraud which can negatively impact their business and clients. All real estate agencies are at risk but it is a common misconception that some are Continue Reading
What you SHOULD be reporting to your Real Estate E&O Policy? Your E&O policy has a reporting requirement for both claims and potential claims. Please refer to your actual policy for complete terms and Continue Reading
Here is the link to the article from the Consumer Financial Protection Bureau with valuable information on how to protect your agency. Continue Reading
It’s not uncommon for the owner of a property to not be around when their home is shown to potential buyers. Under the supervision of a real estate agent (or several), potential buyers can look around the home and Continue Reading
While real estate agents have many responsibilities, there are some things that should not be addressed by agents during the buying and selling process, as they can lead to costly claims and lawsuits. Disclosures or Continue Reading
Purchasing homes for the purpose of increasing their value and reselling them at a profit, also referred to as wholesale, is a popular practice that can be beneficial for both the buyer and the real estate agent Continue Reading
What does a misrepresentation claim look like in the real world, and what kind of consequences does it have for an agent? Let’s take a look at one of our recent claims. The buyer, represented by a real estate agent, Continue Reading
There is a little-known gap that exists between E&O policies and Cyber liability policies, which in our opinion is a worthwhile talking about. E&O Insurance policies trigger coverage for various situations Continue Reading
The Facts: Mrs. Johnson, an agent with ABC Realty, was hired to list a bank-owned, commercial property. She heard the previous owners, a mechanic shop, had abandoned the property and left it in bad shape. When she Continue Reading
A spotlight on a claim against a real estate agent who represented his sister in the sale of the sister’s house where the buyer claimed the sister and the agent conspired to not disclose flooding events. Fact Continue Reading
We share these stories with the hope that you can start to see a pattern… everyone is a target when it comes to phishing scams. Bad actors are actively working to deceive people into transfers their money to Continue Reading
When a family with a two-year-old boy moved into a house that was more than 100 years old, they had no idea that the house was covered in lead-based paint. The reason they were unaware of this was because the real Continue Reading
Sexual misconduct by a company executive or employee can result in a wide variety of legal claims against the company itself. If the victim is an employee, a supervisor’s unwanted sexual advances or other conduct of Continue Reading
Whether you explicitly perform Property Management services, or you provide property management services as part of a transaction, there are significant exposures to E&O claims resulting from bodily injury or Continue Reading
Digital Property Replacement is a subset of the Breach Rectification coverage of the cyber liability policy that PBI Group recommends. This section covers the replacement of software, data and hardware which has Continue Reading
Real Estate broker-owners/management….a friendly reminder that this NAR data security and privacy document is a great summertime read. Hopefully, you can find the time during your slower season(s) to Continue Reading
We have been asked over the years if events such as ice cream socials, holiday toy drives, garage sales, etc, conducted by real estate agents within their communities to market their personal/team brand are covered Continue Reading
If you missed or would like to watch/listen again here is the webinar recording with the presentation slides. Link to Presentation * Every coverage situation is different, and the final outcome depends on the unique Continue Reading
PCI (or Payment Card Industry Data Security Standard) is a set of security standards designed to ensure that ALL companies that accept, process, store or transmit credit card information maintain a secure Continue Reading
Here is a recent situation which unfortunately impacted one of our clients and worth sharing in the hope that increased awareness will limit the chance of this happening again. This situation is a twist on the Continue Reading
What happened at Orbitz? Reports from March 20 state that up to 880,000 payment card numbers and related information could’ve been exposed in a data breach. Orbitz, which is owned by Expedia, apparently had two Continue Reading
At PBI Group we have seen this trend continue over the past 3-years and apparently, it has reached new heights. The average claim of lost client funds is $352,000 according to this recent report. This is why we Continue Reading
BI/PD stands for Bodily Injury and Property Damage. Most Real Estate E&O policies include some measure of BI/PD coverage, such as limited lockbox coverage or open house coverage, but the broadest E&O Continue Reading
This scam is becoming more popular and can lead to your computer being further compromised by bad guys looking for more of your valuable client information. Be aware and don’t fall for this. Below is the Continue Reading
What should you do if a convicted sex offender, out of jail for 10 years, applies to rent one of your listings? Ask the owner of the property?… but what if he/she does not give you a clear decision To Rent or Not to Continue Reading
A nice little infographic in case you don’t have the time to watch the video: Full article from Cnet.Continue Reading
A Hazleton, Pennsylvania realtor could serve up to ten years in prison after pleading guilty to conspiracy to commit wire fraud. The realtor was arrested in Florida after fleeing there to avoid prosecution. The Continue Reading
A study shows that Los Angeles area homebuyers are losing five million dollars a month to cybercriminals. In a scheme that started in 2013, and which shows no signs of slowing down, buyers are tricked into sending Continue Reading
During the Christmas season, neighbors in a Connecticut town spotted two men carrying large sacks in and out of a home. According to police, one was a local realtor and the other, his accomplice. The men were in the Continue Reading
A spotlight on a claim against a real estate agent who acted as a dual agent for both the seller and the buyer of 1000 acres of agricultural land for $10 million dollars ($10,000 per acre). Fact Scenario: Prior to Continue Reading
Phishing scams are very popular and often revolved around products or services which are important to us and widely used. Here is a successful scam that is going around this week, the bad guys are emailing you that Continue Reading
Construction/Development coverage extends the E&O policy to provide coverage for the sale of residential property that has been built or developed by an insured agent or broker. The practice of building spec Continue Reading
Life as a real estate agent is busy, always on the go and juggling multiple clients. You are often being pulled in multiple directions while staying focused on helping your clients get through what is regularly a Continue Reading
A new vulnerability has been discovered recently called “KRACK Attack”. In short, there is a exploitable flaw in the Wi-Fi security protocol WPA2, this protocol is designed to encrypts data traffic over Continue Reading
Here is a helpful guide to understanding some of the things to look for when attempting to figure out if an email is real or fake. Click here to view a full-size PDF of the above image. Viewing this infographic Continue Reading
Lots of discussion since the Equifax breach about freezing or monitoring your credit report. Let’s just discuss the basics briefly. #1 View your credit report from all 3 agencies. There is a free, authorized by Continue Reading
There really is no such thing as a “Hammer Clause”, but that is the common term for the Consent to Settle Clause in your E&O policy. The Consent to Settle clause dictates what the insurance company will do when Continue Reading
A new phishing email is going around with an MS Word attachment offering unique Google search tactics. Do not open the email and more importantly do not open the attachment. Even though the Word document has no Continue Reading
Another huge breach.. this one the bad guys good a lot of valuable information, here is the summary: Equifax reported a cybersecurity incident potentially impacting 143 million U.S. consumers. The company has found Continue Reading
One of the options you have when buying E&O insurance is Defense Outside the Limit (DOL) or Defense Within the Limit (DWL). It is important to understand this option clearly because this will impact coverage Continue Reading
This should go without saying but we still receive many real estate E&O insurance claims revolving around conflicts of interest. Always be mindful of, and avoid at all costs, actual or potential conflicts of Continue Reading
The bad guys are working hard, 100 attempts per month in Nevada! Our cyber liability policy cover for this type of claim. Get a quote today.Continue Reading
A recent residential transaction resulted in a substantial claim being paid because of an undisclosed termite infestation. Our insured was both the listing and selling agent, so when things went wrong there was no Continue Reading
It is hard to believe that a small insurance brokerage company like PBI Group could become a target of a (somewhat) sophisticated social engineer scam commonly referred to as a CEO Fraud but we did. Here is the Continue Reading
Financial Fraud Kill Chain (FFKC) is FBI program designed to recover funds for customers who have been victimized by fraudulent international wire schemes. The FFKC is a cooperative program to attempt to Continue Reading
If so, you may be in a situation where your policy does not provide coverage due to an unsupported software application running on your computers. All software eventually reaches a point where it is no longer Continue Reading
A spotlight on a PBI Group and Hanover Insurance claim against two real estate agents involving greedy buyers who wanted to keep staging furniture used by sellers to help sell the house. Fact Scenario: An agent Continue Reading
Documenting conversations and decisions made during a real estate transaction is an extremely important best practice for E&O compliance. When you find yourself in the middle of a lawsuit, having proper Continue Reading
If your systems are down due to a Ransomware attack, Business Interruption coverage can help by protecting your agency from loss of your income and additional expense when the Insured Computer System sustains a Continue Reading
You may have seen the news this weekend. Criminal hackers have released a powerful strain of ransomware that spreads itself automatically across all computers in a network, causing a global epidemic. If you are not Continue Reading
One of the best ways to avoid having an E&O suit filed against you is to avoid the extremely difficult clients. Yes, that means walking away from someone who wants to pay you for your services. We know how hard Continue Reading
Passwords are a fact of life on the Internet today—we use them for everything from ordering flowers and online banking to logging into our favorite airline Web site to see how many miles we have accumulated. The Continue Reading
When neighbors noticed unusual activity at a recently-sold home, officers were called. They found two people engaged in sexual activity. The woman claimed to be the new owner of the house and said the man was her Continue Reading
Trust is paramount, develop it buy showing your clients you are there for them through the exciting and stressful journey of a real estate transaction. Let your clients know they are your top priority by keeping Continue Reading
Unfortunately, in today’s litigious society, lawsuits and grievances against real estate agents are very common. Real estate agents are frequent Targets for lawsuits. A common lawsuit scenario involves a buyer of Continue Reading
Service oriented real estate professionals can sometimes get themselves into trouble if they feel compelled to give advice on matters that are beyond their professional scope. You are not hired to be an expert in Continue Reading
Does your E&O policy have a deductible waiver? It should if the following conditions are met: Seller disclosure form signed by Seller & acknowledged in writing by Buyer prior to closing(if required by your Continue Reading
Errors & Omissions Insurance (E&O) is a very nuanced form of malpractice or professional liability insurance designed to protect yourself from lawsuits filed because of your work as a real estate Continue Reading
PBI Group is a boutique insurance brokerage firm focused exclusively on the insurance needs of real estate professionals throughout the country. Our meticulousness care, pride in operating at the highest level in Continue Reading
Research studies are becoming very popular on the topic of cybersecurity. Unfortunately, none of them are focused or include residential real estate firms among their survey audience so much of the information is Continue Reading
It is very easy to get caught up in all these free/cheap cloud storage services which enable us access to anything we need, at our fingertips, in just a few clicks, while on our phone in line at Starbucks. The Continue Reading
Today another client called with a wire transfer fraud situation where their client wired approximately $300,000 for closing to a fraudulent bank account. Thankfully this real estate agency purchased cyber liability Continue Reading
I, < Agent> will never request or forward alone someone else’s request * to my Client, via any form of electronic communication including email, text message or voice mail asking to transfer any funds. Continue Reading
Let’s first define the difference: Funds Transfer 1st Party coverage for Cyber Liability protects the Insured aka the real estate firm who holds the insurance policy from a loss of their own assets. A popular Continue Reading
Tradeshow season is among us and I am sure your agents are looking forward to their regional or national conferences. Please make sure you share this piece of simple advance before they leave: Do not plug in any Continue Reading
Besides a comprehensive Cyber Liability insurance policy. Here are some things you can do to protect your agents. Continue Reading
A real estate team hires a freelance graphic designer to create a series of new logos for the official launch of their newly branded team. The graphic designer created more than a dozen options to choose from and Continue Reading
A Data Breach Coach is a leader, often a person at a law firm, who is your main point of contact once a breach is suspected. He or she is available through a feature in your Cyber Liability policy via a 24-hour Continue Reading
As discussed in our previous post 5 Simple Steps Real Estate Agents can do themselves to reduce Cyber exposure, setting up the remote locating feature on your smartphone is a smart thing to do now. It takes 5 Continue Reading
It is time to officially stop using Yahoo email address and migrate to a new email provider. The news today of yet another breach that exposed 1 billion user accounts, is the largest such attack in the history of Continue Reading
First off, this stuff can be confusing and daunting… it is for everyone. Take 1 step at a time, together with your technical resource you will figure it out together. Remember you don’t have to be first when Continue Reading
Like a shield wall for an army, Security Awareness Training is a valuable tool to help reduce your cyber liability exposure by employing a formal process of educating agents regarding cybersecurity threats. The Continue Reading
Funds Transfer Pledge: When you secure a new buy-side or sell-side client it is time to have this conversation (and have it again 1-2 weeks prior to closing)….. a Fund Transfer Pledge is a verbal and written Continue Reading
So how do hackers get into your email account? One way is to trick you to grant them access. Humans are always the weakest link in any security chain 🙁 Here is an example of how that works, and this one hit close to Continue Reading
Awareness is the first step! Increase your Cyber awareness. Always verify ANY changes in payment instructions. If it is the 1st time you are transferring money make sure you talk with the person receiving the funds. Continue Reading
Here is a good example of Deceptive Funds Transfer is it is explained in this Claims Scenarios from Victor O. Schinnerer & Company, Inc.: http://schinnerer.com/cyber/deceptive-transfer-insurance/Continue Reading
Suspicious emails: unclaimed insurance bonds, diamond-encrusted safe deposit boxes, close friends marooned in a foreign country. They pop up in our inboxes, and standard procedure is to delete on sight. But what Continue Reading
The median cost for Data Breach Coach and investigative services runs $29,000. Continue Reading
60% of small/mid-market businesses go out of business within 6 months of having a cyber compromise or breach event. Continue Reading
Social engineering is the art of manipulating people so they give up valuable information. Criminals use this tactic as it is easier to exploit the natural inclination to trust than to breach system security. Continue Reading
Cyber Liability is a stand-alone insurance policy that covers 1st party and 3rd party damages and expenses associated with lawsuits brought about from cybersecurity risk. These risks include: 1st and 3rd Party Funds Continue Reading
