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Agent Liability and Investor Legal Exposure

13 minPRO
5/6

Key Takeaways

  • Vicarious liability means investors can be held responsible for agent actions within the scope of the agency relationship.
  • Fair Housing Act violations through agents carry penalties exceeding $100,000—provide written compliance instructions to every agent.
  • Verify agent and brokerage E&O insurance (minimum $1M per occurrence) and include indemnification clauses in agency agreements.
  • Conduct transactions through LLCs and maintain written instructions to limit personal liability for agent misconduct.
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Test Your Knowledge

1.Under what circumstances can an investor hold an agent personally liable for transaction losses?

2.What is errors and omissions (E&O) insurance in the context of real estate agents?

3.Why should investors verify that their agent's brokerage carries adequate E&O insurance?