liability (3)

5 Tips To Protect Against Short Sale Liabilty

Good morning Superstars. Have you ever been sued by a Seller or Buyer?? I haven't. But if I were I'd be ready to stand in front of any judge and defend myself.

It's my opinion that over the next few years there is going to be a huge increase in lawsuits against agents and brokers. Mostly related to Short Sales. That Seller you helped is going to be real pissed off, 5 years from now, when he is slapped with a deficiency judgment and his wages and assets are garnished.

Will you be prepared to defend yourself? Do you have a written record of what when down during the Short Sale process? Or did you just wing it?

Here are some things I do now to protect myself in the future. Hopefully there are a few you can implement into your business. Even better, maybe you have some ideas that I can use.

  • Make sure you are covered with your E &O insurance.

  • Use email as often as possible for communications so you have a written record of the conversations. If you do have a phone conversation with a customer/client follow up with an email and outline the points that were discussed. This also helps to eliminate confusion. "Your Honor he never told us that" Yes I did. Look here.

  • Have a disclosure package at time of contract (listing or BBA) that outlines the short sale process in detail and what can be expected. Have this all signed and dated. "We thought he was giving us legal advice so we didn't hire an Attorney". Sorry, but you signed 3 different times that I was NOT an Attorney and that I was NOT giving legal advice.

  • Have a log of every action you take related to the short sale. You can use Short Sale Commander for this. My Sellers share in this so that every time I make a notation they receive an update. A recent transaction had over 300 notations. That equates to 300 updates to my Seller. It would be very difficult for them to tell a Judge I didn't do my job properly. "Your Honor he didn't do anything and we were foreclosed on because of it". I don't think so.

  • After each closing*** ask your customer/client to write you a testimonial. Place this in the file. "But your Honor read this. They said I was awesome!!"

*** Yes you MUST close on your short sales. You may lose some but you need to be hitting 90%+. Much easier to defend your position if you can prove your successes.

I believe if you do these few things you will be good to go if a lawsuit comes your way. Plus the added benefit is that you will be better at what you do if you remember that everything you do needs to be defensible in a Court of Law. 

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Homeowners-Insurance-300x183.jpg?width=300Understanding your Home Owners Insurance Policy

There is no doubt that an insurance policy on a home can be tough to understand. However, going over the policy and making sure you are comfortable with the important parts can payoff down the road. Here is an overview to make sure you have the basics covered.

The Home

It is important to know that in the event you lose your home to some sort of accident or force of nature that the insurance plan will provide enough funds to rebuild the home. This goes beyond the selling price of the home when you bought it. You need to know that the home can be replaced at today's costs. Construction costs and materials tend to rise over time. It is important to have replacement cost as part of your insurance policy.

Replacement of Belongings

Besides the actual structure of the home you should also consider your belongings. This can really mean anything such as furniture, dishes, picture frames, electronics, clothes, jewelry and a host of other items.

Try to stay away from the “current market” clause. This means that your 5 year old couch would be replaced at a price that assumed 5 years of use. The same concept would apply to any item that you have owned for a considerable amount of time. Also, ask the insurance company about their process for allowing you to replace items. For instance, if your home burned down and you are staying in a small apartment, do you really want to replace your giant screen TV right now? If the insurance company only gives you 60 days to replace an item, where will you store the products? Does the company demand that you buy an item, provide a receipt and then get reimbursed? All of these items should be covered prior to getting a policy.

Deductible

The deductible for a home insurance policy works in the same manner as an automobile insurance plan. Higher deductibles will result in a lower monthly premium. However, a high deductible assumes that you have the funds to pay the amount in the event of an emergency. A smart financial move would be to save up a good amount, such as $2000, and then change your plan to a deductible of $2,000.

Liability

It is always a good idea to have a strong liability plan in place. For instance, if you have guests for a backyard barbecue and someone falls at the party, your liability policy should cover the expenses for the fall. This could be the cost for the ambulance, any stay at the hospital and possible rehabilitative therapy that is necessary after the injury.

Day to Day Expenses

Some insurance companies will reimburse you for your expenses while you are awaiting for your home to be rebuilt. Make sure you understand the circumstances surrounding this type of expense and how the insurance company will reimburse you.

A lot of the terminology used in the insurance plan is unique to the insurance world and may take a conversation with an agent to understand it properly. Understanding the policy before purchase will help you to feel confident that you are covered in the event of a major crisis.

Understanding Home Owners Insurance 

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