
As a real estate broker, you're responsible for managing a business that involves a lot of financial transactions and interactions with clients. This makes you a prime target for lawsuits and financial losses.
Real estate broker insurance is a must-have to protect your business and personal assets from financial ruin. It's a type of liability insurance that covers you against claims of negligence, errors, and omissions.
In the event of a lawsuit, real estate broker insurance can help cover the costs of defending yourself and paying any resulting damages. This can be a huge relief, especially if you're facing a costly lawsuit.
The cost of real estate broker insurance varies depending on factors such as the size of your business, the number of employees, and the level of coverage you choose.
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Benefits and Requirements
Real estate agents are almost always required to have insurance due to the risk of injury to clients and damage to property. You might need insurance to start showing and selling homes, hire employees, drive for business purposes, or repair or replace property you own or rent.

Some states, like Nebraska, North Dakota, New Mexico, Rhode Island, and Texas, require real estate agents to carry a real estate E&O policy. However, it's recommended that all real estate agents and brokers carry some form of E&O insurance, even if they operate outside of these states.
In Massachusetts, most real estate professionals should carry real estate E&O insurance, including agents and brokers who work with buyers or sellers in the residential or commercial markets.
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Nar Benefits
As a NAR member, you have access to exclusive benefits that can help protect and grow your real estate business.
You can learn more about Victor's Real Estate Errors & Omissions Insurance Program by checking out their program brochure, available as a PDF download, or by calling 888-429-6638. Be sure to mention that you're a NAR member to get the most out of this benefit.
Some state associations also have recommended carriers for Errors & Omission Insurance, so it's a good idea to check with your state association for more information.
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Requirements

As a real estate agent, you'll need to meet certain requirements to operate successfully. You might be required to have insurance to start showing and selling homes, as this is often expected by real estate companies and other brokers.
To drive for business purposes, you'll likely need commercial auto insurance for your business-owned vehicle. This is a common requirement for many real estate professionals.
In some states, you'll be legally required to carry a real estate Errors and Omissions (E&O) policy. These states include Nebraska, North Dakota, New Mexico, Rhode Island, and Texas.
To give you a better idea of the insurance requirements, here are some specific scenarios where you might need insurance:
- Starting to show and sell homes
- Hiring employees (workers' compensation is usually required)
- Driving for business purposes (commercial auto insurance)
- Repairing or replacing property you own or rent
It's worth noting that even if you don't operate in one of the states that requires E&O insurance, it's still a good idea to carry some form of E&O insurance to protect yourself and your business.
Five Reasons Professionals Need

As a real estate agent, it's essential to have the right insurance coverage to protect yourself and your business. Here are five reasons why.
You may need insurance to start showing and selling homes, as real estate companies and other brokers often require active insurance, usually general liability or workers' compensation.
Real estate agents and brokers are legally required to carry a real estate E&O policy in certain states, including Nebraska, North Dakota, New Mexico, Rhode Island, and Texas.
Defense costs, even in frivolous cases, can be costly, making it crucial to have a quality professional liability insurance program to protect your business and financial security.
Real estate professionals in Massachusetts should carry real estate E&O insurance, regardless of whether they work with buyers or sellers, or in the residential or commercial markets.
Here are some additional coverages to consider beyond E&O coverage: Building Coverage: May protect an owned office building or leased office spaceContents Coverage: May protect furniture, electronics and other items in an officeExtra Expenses Coverage: May protect rental costs if an office is destroyed or damagedGeneral Liability Coverage: May cover common accidents occurring at an officeCommercial Umbrella Coverage: May provide extra liability protection
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Choosing and Understanding Coverage
Exclusions are a necessary part of keeping insurance affordable, but they can leave you vulnerable to certain risks, so be sure to review your policy carefully to see what's not covered.
Most errors and omissions insurance policies cover the business owner, salaried employees, hourly employees, and even subcontractors working on behalf of the business.
You'll want to choose a carrier with a high rating, typically A or better, as this indicates the company is financially stable and more likely to pay out claims.
Insurance companies are ranked from A to E, with A being the top rating, so do your research to find a reputable carrier.
To compare quotes, look for carriers with a good reputation and a high rating, and make sure to review the policy terms and conditions carefully.
An errors and omissions policy will typically cover situations such as missed information, revealed information, wrong documents, and missed deadlines.
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Some examples of incidents covered by real estate E&O insurance include a buyer being unable to renovate a house because the agent didn't inform them it's a historical sight, or a buyer having to pay a certain price because the agent let it slip during negotiations.
The specific types of mistakes a policy would cover depend on the terms and conditions of the policy, so be sure to review these carefully with an insurance agent who specializes in errors and omissions insurance for real estate agents.
Here are some examples of incidents that might be covered by a real estate E&O insurance policy:
- Missed Information: An agent neglects to inform their homebuyer that a house is a designated historical sight, and the buyer can’t renovate as they want.
- Revealed Information: An agent verbally lets slip their client’s best price during negotiations, and the buyer ends up having to pay that price.
- Wrong Documents: An agent shows a buyer the wrong survey or other documents about a property, and the buyer takes action because of this.
- Missed Deadline: An agent forgets to file their client’s paperwork on time, which allows the opposing party to cancel a sale/purchase that would otherwise go through.
- Missed Deadline: An agent misses a deadline to cancel a deal, which forces their client to go through with a sale/purchase when they wanted out.
Liability and Claims
Real estate broker insurance can help cover claims of negligence, misrepresentation, inaccurate advice, errors, and omissions. These can result in financial damage, and ultimately a lawsuit against your real estate agency or brokerage.
A real estate agent, acting as listing agent and broker for the sale of residential property, is sued over disclosure. The buyer alleged they were known by the seller and the client but not disclosed to the buyer.
The buyer alleged deceptive trade practices, fraud, and gross negligence, claiming they suffered damages for the costs of repair, loss of value, and costs of an alternative living arrangement.
This claim settled for $359K in indemnity and had defense costs exceeding $120K.
Common E&O insurance claims might be the result of, but are definitely not limited to:
- Failure to make reasonable accommodations for a client with a disability
- Failure to obey the Fair Housing Act
- Failure to disclose environmental attributes of a property (e.g., lead paint in the home)
- Error in contractual agreements that result in monetary loss
- Cyber liability (e.g., software or operational errors resulting in damages)
Real Estate Agent E&O insurance can help cover claims of negligence, misrepresentation, inaccurate advice, errors, and omissions. If a client sues your real estate agency, E&O coverage can help pay for legal expenses, including attorney fees, court costs, administrative costs, settlements, and judgments.
Real estate broker insurance can help protect against a variety of errors that agents could make, such as failing to disclose environmental attributes of a property.
Real Estate Agent E&O insurance can help cover claims of negligence, misrepresentation, inaccurate advice, errors, and omissions. If a client sues your real estate agency, E&O coverage can help pay for legal expenses, including attorney fees, court costs, administrative costs, settlements, and judgments.
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Frequently Asked Questions
How much does a $1,000,000 liability insurance policy cost?
A $1,000,000 liability insurance policy typically costs around $500 per year, with some customers paying as little as $30 per month. The exact cost may vary depending on individual circumstances.
What is a real estate insurance broker?
A real estate insurance broker is an intermediary who connects homebuyers or homeowners with multiple insurance companies to find the best coverage. They act as a neutral agent, offering a range of insurance options to suit individual needs.
What does E&O insurance cover?
E&O insurance covers financial losses resulting from claims of negligent acts, errors, or omissions that occur during business activities. It provides protection against lawsuits and financial repercussions for businesses and professionals.
Sources
- https://www.nar.realtor/errors-omissions-eo-insurance
- https://www.nextinsurance.com/business/real-estate-agent-insurance/
- https://www.ironpointinsurance.com/real-estate-agent-errors-omissions-insurance/
- https://www.garrity-insurance.com/real-estate-agent-insurance-massachusetts
- https://www.theceshop.com/agent-essentials/real-estate-agent-encyclopedia/errors-and-omissions-insurance
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