RT ECP: Developers E&O

October 24, 2024

Property management

Source: Tango Specialty A commercial property manager oversees the management of an industrial office space. Following a rainstorm, a tenant alleges that a smell of mold appeared in their rented premises. They further allege that while the property manager did hire an outside firm to mitigate the mold, the issues persisted. The tenant alleges that […]

October 21, 2024

Protective indemnity

Source: Tango Specialty A real estate developer hires a mechanical engineering firm to design and oversee the installation of an HVAC system for a national box-chain client in a mall project the developer owns. Upon the completion of the project the HVAC system is not performing as intended and needs to be replaced. The cost […]

October 17, 2024

Construction/development

Source: Tango Specialty A real estate developer is building student housing slated to be completed in time for the start of classes in the Fall. The project is delayed due to construction delays and design errors which prevents students from moving in. This results in the college having to find and rent rooms in local […]

July 22, 2024

Protected by Proper Procedures

Source: https://www.berkleysp.com/ An apartment resident filed a housing discrimination complaint against a property manager with the city’s Human Relations Commission  (HRC) alleging wrongful eviction in violation of Title VIII of the Civil Rights Act of  1968. The resident was repeatedly late in making rent payments in violation of the lease terms. The property manager provided […]

July 16, 2024

Resident Retaliation

Source: https://www.berkleysp.com/ An apartment resident filed a housing discrimination complaint against the property manager (our policyholder) with the county’s Human Rights and Relations Department (HRRD), alleging that the property manager failed to repair defective  conditions in the apartments (water damage, mold and mildew) leading to health issues, increased utility bills and retaliation when complaints were […]

July 12, 2024

Lost in Transaction

Source: https://www.berkleysp.com/ A real estate agent represented the seller in the sale of their house to a contractor for more than $2 million. The contractor/purchaser financed the property with a first mortgage loan from a private lender and two notes from the seller in the combined amount of $770,000, which were all secured by the […]

July 9, 2024

Seen and Unseen

Source: https://www.berkleysp.com/ A home buyer alleged that a real estate agent failed to disclose issues with the garage drainage, lack of foundation and unpermitted construction on a residential property they purchased. Most of the alleged deficiencies were identified in a pre-closing inspection report and the purchase price was negotiated accordingly. However, other alleged deficiencies were […]

June 24, 2024

Failure to Disclose

Source: https://www.berkleysp.com/ A buyer purchased residential property and alleged that their real estate agent failed to adequately advise them regarding recommended  inspections and/or protect him with modifications to the purchase agreement when defects were discovered prior to closing. Inspections before closing revealed drainage and HVAC issues and the seller was requested to address them. The […]

June 24, 2024

Playing Both Sides Can Be Costly

Source: https://www.berkleysp.com/ A real estate agent was accused of breach of fiduciary duty and damages in connection with the sale and purchase of a home. In this case, the agent represented both the buyer and the seller, which elevated their fiduciary duty. In addition to being a dual agent on this transaction, the real estate […]

April 4, 2024

Real Estate Developers’ Wrap-Up Challenges & Benefits

Source: https://www.insurancejournal.com/, April 1, 2024 By: James Pfeiffer, TSIB Real Estate development is a business process that focuses on the overall development and renovation of a property, whether that is an existing property or a brand-new one. When it comes to real estate development, it is important that the proper Wrap-Up insurance is placed prior […]

April 1, 2024

A $500K house was built on the wrong Hawaii lot. A legal fight is unfolding over the mix-up

Source: https://abcnews.go.com/, March 27, 2024 A woman who purchased a vacant lot in Hawaii was surprised to find out a $500,000 house was built on the property by mistake. She’s now mired in legal wrangling over the mix-up. Annaleine “Anne” Reynolds purchased a one-acre (0.40-hectare) lot in Hawaiian Paradise Park, a subdivision in the Big Island’s Puna district, […]

December 4, 2023

Real Estate E&O Claims Impacted by Social Inflation

Source: https://www.iamagazine.com/, October 30, 2023 By: Jude Sedliak Social inflation is wreaking havoc on the real estate professionals errors & omissions segment, leading to an increasing number of lawsuits and astronomical settlement amounts. While no real estate professional is safe thanks to a cooling housing market, property managers are seeing more than their fair share […]

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