Sometimes the past is one of the best learning tools around! Use the following Real-Life Errors & Omissions Claim Situation involving discrimination to avoid a similar legal showdown happening to you in your everyday real estate career. And always have a good Real Estate E&O Insurance policy in place to protect you in case you find yourself in the middle of a discrimination suit.
Listing Agent Withholds Purchase Offer from Seller
A piece of property was listed for sale. An agent from another firm presented Mrs. Jones, a prospective buyer, to the listing agent. After viewing the property, Mrs. Jones requested her agent draw up a contract and make an offer on the home. Later that day, the listing agent brought Mr. Smith, another prospective buyer, to view the property and also secured an offer.
Problem
When the listing agent presented the offer to the seller, he did not present Mrs. Jones’ offer. He only presented Mr. Smith’s offer, which was $20,000 less than Mrs. Jones’ offer.
Mistake
The seller claims that she would have seriously considered Mrs. Jones’ offer, but was advised by her agent to accept the other contract, which was the only contract the seller had seen at the time. The listing agent should have presented both offers to the seller, giving the second one as a back-up offer.
Result
Mrs. Jones sued the listing agent for discrimination stating her offer was not presented to the seller because she was a minority. Mrs. Jones was awarded $30,000 in damages. The listing agent also accrued $13,870 in attorney fees.
Prevention
Whether discrimination is intentional or not, civil action can be taken against you. To protect yourself against any charge or appearance of discrimination, be protected by a good Errors & Omissions insurance policy and be familiar with the constitutional and legislative information such as the Fair Housing Act Amendments of 1988, the Civil Rights Act, and the Equal Opportunity Housing code for REALTORS®.
Do you have a similar story involving discrimination to share with us? Send us your learning experience or just let us know what you think about this one! Just leave a reply below!
If you have any questions about Pearl’s Errors & Omissions Insurance for real estate professionals, give us a call at 800.447.4982—whether you’re looking for a new E&O policy or have questions about your current one. We’d love to hear from you!
You can also visit www.pearlinsurance.com/eo to find out more about our quality Errors & Omissions program, including policy features, risk management tools, and much more.