Find out about how risk management and legal liability issues can affect real estate professionals.
Risk Management Forms and Documents for Brokerages
The Risk Management Committee has created these documents for use by brokerages in their efforts to manage legal risks. All of the documents are available for member firms to download and reformat as needed for their firm, including branding with their firm logo.
- Antitrust Risk Management Tool for Real Estate Brokerages
- Mortgage Fraud: Recognizing the Signs
- Associations and Social Media: Managing the Risks and Liabilities
- Protecting Listings from Rental Scams (video)
- Disclosing Flood Insurance Requirements (video)
- NAR's Internet Advertising Policy
- Consumer Guide to Insurance Hurdles in Real Estate Transactions
- Real Estate E&O Insurance: Understanding the Basics
- The Short Sale Workflow
A real estate broker who becomes an agent of a seller or buyer, either intentionally through the execution of a written agreement, or unintentionally by a course of conduct, will be deemed to be a fiduciary. Read and download NAR's handout on the subject of fiduciary duty.
Social Media Risk Management
With well-crafted policies, regular training, and consultation with counsel, associations and members can minimize exposure to liability concerning key risk areas. Read an article from an association attorney about the issues to consider when using social media.
War Stories: When E&O Insurance Can Work for You
Victor O. Schinnerer & Company, NAR’s recommended provider of errors & omissions insurance through the REALTOR Benefits® Program, has compiled stories from the real estate trenches that illustrate how errors and omissions insurance can protect a real estate professional who might be "caught in the crossfire."
Risk Management Topic: Copyright
It is crucial to know what rights you own in listing photographs and how those rights permit you to use the photographs. In order to assist members and member firms, NAR Legal Affairs has assembled its resources related to listing photograph copyright, including sample agreements which can be modified as necessary to fit your particular needs.