What is real estate E&O insurance and what does it cover? (2024)

What is real estate E&O insurance and what does it cover? (1)

The real estate industry in the United States is enormous. In 2022, the industry was worth $237.5 billion.

It’s easy to see why it’s grown so large over the past few decades. The value of the real estate market in the US has exploded, especially post-pandemic. It was worth over $110 trillion in 2022.

And before you ask, no, that isn’t a typo.

The real estate industry in the US is managing the second largest market in the world. Only just behind China.

So, what does this mean for the average real estate company? Well, it means more business and more opportunities for growth.

But with more business comes more risk. And more opportunities to make mistakes.

That’s where (E&O) comes in. (You might also know it as real estate professional liability insurance.)

What is errors & omissions insurance in real estate?

Let’s say that you run a growing real estate company (which, if you’re reading this, is probably true).

You’ve got dozens of customers coming through your doors every week. Things are getting a bit hectic, the pressure is on, and one of your associates makes a mistake.

Maybe they put in the wrong offer for a property, causing the client to lose out on the purchase. Or they advise a client to sell their property for a certain amount, which turns out to be far too low.

In cases like this, the client would be well within their rights to sue you. Even if it turns out that the associate did nothing wrong.

This is where errors & omissions insurance comes in. It’s a kind of real estate agent insurance that protects you when you’re hit by a legal claim.

It’ll pay for a lawyer to defend you. And pay any compensation or damages that you owe.

Why do real estate agents need E&O insurance?

Insurance for real estate agents can be tricky. There are a lot of different kinds of insurance you can get, all of which cover different things that you may or may not need.

Errors & omissions insurance is blissfully easy to explain, though. As are the reasons why it’s probably a great idea for you.

First and foremost is the fact that it covers your legal costs for claims made against your business. Even if the claim is baseless and you aren’t found to be at fault.

Depending on the type of claim, that could be worth tens of thousands of dollars.

On top of that, it pays for any damages or compensation you might owe if you’re found to be at fault. So, you’re covered either way.

With the addition of legal fees, that could run the bill even higher. If you didn’t have E&O insurance, that is.

At the end of the day, mistakes are going to happen. The question you have to ask yourself is: can you afford not to have cover when they do?

Who needs real estate E&O insurance?

Well, the obvious answer is: real estate agents. Not helpful? Okay, fair enough.

If you’re a real estate broker or own a real estate brokerage, E&O insurance is a great thing to have. Your business might deal with dozens of clients a week. As well as real estate agents working for you or in partnership with you.

That’s a lot of risk. So you’re best off being covered.

Even if you’re a freelancer broker, you should still invest in E&O insurance. Whilst you might deal with fewer clients on a day-to-day basis, a claim would cause even more problems for you without the financial clout of a larger business at your back.

It’s also great for real estate agents. Even if you work for a brokerage. It helps make sure you’re covered in any situation.

What does real estate errors & omissions insurance cover?

It covers you in most cases where a client accuses you of professional negligence. This could be because of some advice you gave them, or something you forgot to mention. Whether you were at fault or not.

So, even if the claim is baseless, your legal costs are covered. And if it does turn out that you were at fault, any compensation or damages that you owe will be covered too.

Errors & omissions insurance covers your past work too. As long as you set up a retroactive date when you buy your policy. So you don’t have to lie awake at night worrying whether that nightmare of a sale from last year will come back to haunt you.

E&O will even cover you for claims made against you around the world. As long as they’re filed in the US or Canada.

What does real estate errors & omissions insurance cost?

It’s difficult to say exactly how much any kind of insurance would cost. The costs will change depending on a huge variety of different factors.

We’ll go over a few here, though, to give you an idea of what might affect the price you’d pay.

First, the size of your business will change the price a lot. The larger your business, the more you should expect to pay.

This is because insurers see the work you do as being riskier. Mainly because you’ll be dealing with many more customers than smaller businesses. So, there’s a higher chance of a mistake being made that might lead to a claim.

Where you’re based will affect the price too. If your real estate business is located in, say, New York, the cost of a potential claim would probably be a lot higher than a business based in Iowa. So insurers have to adapt for that.

Finally, the higher your coverage limit, the more you’ll pay. Take this into consideration when you’re considering your options.

Seal the deal

The world of real estate doesn’t come without risks. Errors & omissions insurance can help your real estate business stay ahead of any mistakes that might happen. As well as the pricey legal fees and compensation you might be due.

Want to find out more? You can call us at 978-344-4200 or get a real estate E&O insurance quote here.

errors and omissions insurancehelp with Insurancequestions about insurance

What is real estate E&O insurance and what does it cover? (2024)

FAQs

What is real estate E&O insurance and what does it cover? ›

Errors and omissions insurance for real estate professionals helps protect your business if you make a mistake in your work, like forgetting to disclose a home's foundation issues before a sale is finalized or not submitting important documentation to a lender on behalf of your client.

What does e & o insurance cover in real estate? ›

Errors and omissions insurance helps protect real estate businesses from mistakes made in the professional services given. It can help real estate brokers, agents, appraisers and other real estate professionals.

What all does E&O insurance cover? ›

Errors and omissions insurance, also called E&O insurance, protects businesses against claims of mistakes, negligence, inadequate work, inaccuracies, misrepresentation or similar allegations. Your business should have E&O insurance if it provides services to customers for a fee.

Which of the following is covered by E&O insurance? ›

E&O insurance protects your business from claims by clients for negligence, malpractice, errors, or omissions you allegedly made while providing a professional service. The insurance helps pay for your legal fees and any owed damages or settlements.

What is an example of an error and omissions claim? ›

For example, they could claim you mishandled their cybersecurity, which led to a data breach. A client could also sue you for delivering a project late or going over budget. There are a wide range of reasons your company could find itself facing an errors and omissions claim.

How much E&O insurance is required by Trec? ›

Proof of Ownership / E&O Insurance

If the designated broker does not own at least 10% of the entity, provide proof that the business entity maintains errors and omissions (E&O) insurance with a minimum annual limit of $1 million per occurrence.

What states require errors and omissions insurance? ›

States Where Real Estate E&O Insurance is Mandatory
  • Colorado.
  • Idaho.
  • Iowa.
  • Kentucky.
  • Louisiana.
  • Mississippi.
3 days ago

What does errors and omission insurance not cover? ›

Be aware that errors and omissions doesn't cover every type of liability claim. This insurance won't help your business with claims of: Illegal acts and purposeful wrongdoing, such as intentionally breaking the law or deceiving your customers or clients. Bodily injury or property damage that your business causes.

What is typically excluded from an E&O policy? ›

Like most insurance policies, a typical E&O policy for insurance agents excludes dishonest, criminal, fraudulent, or malicious actions. While this exclusion is routine in most insurance policies, agents should be aware of it.

Which of the following would not be covered under errors and omissions insurance? ›

E&O insurance does not provide coverage for bodily injury and/or property damage arising from the rendering of professional services.

How much is E&O typically? ›

How much is errors and omissions (E&O) insurance? Average costs for E&O coverage for small business owners ranges from $500 to $1,000 per employee, per year. So, if your business has 50 employees, you can estimate your errors and omissions premium to be between $25,000 and $50,000 annually.

What are the provisions of an E&O policy? ›

E&O insurance covers you for errors (or omissions) that you have made or that the client perceives you have made. Most E&O policies cover judgments, settlements and defense costs. Even if the allegations are found to be groundless, thousands of dollars may be needed to defend the lawsuit.

What is the errors and omissions clause in property insurance? ›

The insured shall not be prejudiced by an unintentional and/or inadvertent omission error incorrect valuation or incorrect description of the interest risk or property provided notice is given to the company as soon as practicable upon discovery of such error or omission.

What does E&O insurance cover? ›

E&O insurance is a kind of specialized liability protection against losses not covered by traditional liability insurance. It protects you and your business from claims if a client sues for negligent acts, errors or omissions committed during business activities that result in a financial loss.

What are two examples of error of omission? ›

An error of omission happens when you forget to enter a transaction in the books. You may forget to enter an invoice you've paid or the sale of a service. For example, a copywriter buys a new business laptop but forgets to enter the purchase in the books.

What is the main reason for successful E&O claims against agents? ›

FAILURE TO OBTAIN/MAINTAIN PROPER COVERAGE

For P&C agents, this is the most common source of E&O claims.

What does manufacturer's E&O cover? ›

Manufacturers E&O is an additional policy that covers the two main risks faced by most businesses: damages caused by an alleged product or work defect, and any related litigation expenses. It can help protect your business from a customer's financial loss while also protecting its brand and reputation.

What does EO stand for in real estate? ›

Errors and omissions (E&O) insurance programs reduce the risk to sales associates and the real estate firms they represent against potential lawsuits.

What does directors and officers insurance cover? ›

Directors & officers insurance (D&O) is liability insurance that covers the directors and officers of the company against lawsuits alleging a breach of fiduciary duty. A company pays for this coverage so executives can serve confidently as leaders of their organization without fear of personal financial loss.

Why do insurance agents need E&O insurance? ›

If a client sues over a mistake or an oversight, you could face a costly judgment or settlement. E&O coverage for insurance agents helps pay for your legal fees, which can mount up even for a frivolous lawsuit.

Top Articles
Latest Posts
Article information

Author: Allyn Kozey

Last Updated:

Views: 5478

Rating: 4.2 / 5 (43 voted)

Reviews: 82% of readers found this page helpful

Author information

Name: Allyn Kozey

Birthday: 1993-12-21

Address: Suite 454 40343 Larson Union, Port Melia, TX 16164

Phone: +2456904400762

Job: Investor Administrator

Hobby: Sketching, Puzzles, Pet, Mountaineering, Skydiving, Dowsing, Sports

Introduction: My name is Allyn Kozey, I am a outstanding, colorful, adventurous, encouraging, zealous, tender, helpful person who loves writing and wants to share my knowledge and understanding with you.