Real Estate Agents: Liability During an Open House

Can a Real Estate Agent be Liable for Injuries at an Open House?

 

 

 

 

Personal Injury Attorney Barry P. Goldberg weighs in on liability questions for real estate agents.

 

During an open house the agent “takes control” of the premises and is required to use reasonable care for the safety of potential buyers. In the event that a potential buyer is injured, you could be held liable!

According to personal injury attorney Barry P. Goldberg, “It is a relatively common occurrence for potential buyers to be wondering a property for sale and slipping or tripping on a stair or slippery floor. It is easy to understand why— potential buyers are looking around— not down. They are by definition unfamiliar with the property and are more likely to miss a step or small defect.”

Are you in good hands?

 

 

 

 

 

 

Time to Prepare for Wildfires

Wildfire season is here again.  Home Owners are encouraged to learn about this danger and participate in brush clearance and safety preparedness activities in their communities.

A Few Things to Keep in Mind

Fire prevention is the first defense against disaster. You cannot afford to ignore proper maintenance of your property.

Here are just a few of the things that can put you at increased risk:

  • Insufficient horizontal spacing in your landscaping plan
  • Insufficient vertical spacing between ground level plants and taller trees.
  • Leaves and pine needles clogging the gutters of your roof
  • Storage of combustible material near your structures
  • Not enough distance between your home and undeveloped areas.

Wildfires spread faster when the wind is blowing. Hot embers can land on dry material near your home and spark fire on your property.

How to Get Ready for Fire Season

Dry grasses and open spaces put rural residents at greater risk. Dead and dry plants are always ready to light up. They are the perfect tinder for an uncontrolled burn. This makes fire prevention everyone’s job.

  • Participate in community safety preparedness meetings.
  • Organize brush clearance for the surrounding region.
  • Contact a fire safety professional for a free fire zone inspection.
  • Work with other members of the community to elevate the neighborhood’s readiness.

Free Fire Zone Inspections provides evaluations and consultations to residents living in high risk areas. Ask for your free consultation today.

Local Entrepreneur Recognized by Allstate for Serving Other Businesses

Allstate Insurance Company recently awarded Robert Feldman (Allstate exclusive agency owner) for his leading performing in customer service and business insurance sales. The Top Agency in Allstate Business Insurance sales award recognizes Feldman’s exceptionally high standards in ensuring that his fellow business owners are properly protected with quality insurance policies.

 

Feldman has been with Allstate for 14+ years and is a graduate of California State University, Northridge. His main office is located in Los Angeles and his second office is in Verdugo City. In response to the recent award he received, Feldman replied that he understands how hard it can be to build a successful business, since he is a small business owner himself. He also stated “I also know how important it is to protect what you’ve built and earned.” Feldman proudly accepted the award from Allstate and expressed his desire to continue serving other entrepreneurs in the community by helping them secure the right insurance coverage.

 

Allstate Takes Pride in the Success of Agents

 

Michael Barton, president of Allstate Business Insurance, says that every small business should be given a chance to thrive. He praised Barton for taking “…pride in helping business owners get off on the right foot and protect what matters to them.”

 

The Allstate Corporation serves approximately 16 million households through its various brand names, which include Allstate, Answer Financial, Esurance and Encompass. The corporation is the nation’s largest personal lines insurer that is publicly held. In addition to providing a variety of coverage options through their insurance policy program, the corporation also offers attractive benefits to their agents through their benefits program.

 

Learn More About Your Insurance Options

 

There are a variety of home insurance options available to you, and it can be hard to choose the right one for your needs. If you live in a high fire risk area and have trouble getting insurance, please contact us! Free Fire Zone Inspections can provide you with a free inspection and match you up with a great insurance policy.

Do You Know What Insurance Gaps You’re Facing if a Brush Fire Hits Your Home?

 

La Tuna Fire – September 2017

Brush fires can hit without warning and cause remarkable devastation in a short period of time. Unfortunately, too many homeowners find out after their homes and properties have been destroyed that their insurance coverage does not sufficiently protect them from fire damage. If you are a homeowner who lives in a high fire zone area, do you know what insurance gaps you’re facing if a brush fire hits your home?

 

Why the California Fair Plan May Not Be Right for You 

The California Fair Plan is intended to be used only as a last resort for homeowners who are unsuccessful at obtaining coverage in the voluntary market.  Homeowners who unnecessarily rely on the California Fair Plan may have huge gaps in their insurance coverage that they are not fully aware of.  If you are close to a brush fire zone and you have coverage through the California Fair Plan, it is time to carefully study your policy and reevaluate your coverage options.

 

We Offer a Solution

Many insurance brokers do not understand that some insurance companies are willing to insure homes that are close to brush/fire zones, without forcing homeowners into the California Fair Plan.  If you would like to learn more about policies that offer more comprehensive coverage without major fire gaps, we invite you to contact Free Fire Zone Inspections and request an inspector to evaluate your home today.

 

Should You Incorporate Your Real Estate Business?

If you are a realtor and operating as an independent contractor for a broker, there are two good reasons to form a corporation for your realty business:

1) Tax Savings
2) Personal Asset Protection

Tax Savings
If a real estate agent works for a broker as an independent contractor, and receives a Form 1099 from the broker for reporting of wages, then that agent is responsible for paying 15.3% self-employment tax on those wages to the IRS, along with regular income tax.
By forming an S Corporation, you can avoid paying much of those self-employment taxes.
An S Corporation is known as a “pass through” entity, which means that the profits and losses pass through the corporation and flow to the tax returns of the individual shareholders. Shareholders who actively run an S Corp must pay themselves a “reasonable” salary, which is subject to employment taxes. For example, a realtor who makes a profit of $200,000 a year and works 40 hours a week running the business to generate those profits, might pay herself a “reasonable” salary of $75,000. After that, all other income can be paid out as dividends, and is subject only to income tax.
S Corporations also pay an annual state franchise tax of 1.5% of net income in California, subject to a minimum of $800 per year.
S Corporations are also attractive because they have a very low audit risk.
It is always a good idea to discuss these issues with your CPA.

Personal Asset Protection
Unfortunately, the California Bureau of Real Estate still only recognizes broker’s corporations for the purpose of licensure. If you form a corporation, you will still need to operate through the BRE as an individual. Therefore, forming a corporation will not protect your personal assets from your own mistakes or accidents. However, if you have employees (salespeople, administrative staff, etc.), then your corporation can protect your assets from their actions.
Example A – A real estate agent operates as a sole proprietorship carrying $100,000 in liability insurance. She hires an assistant to sit at an open house. While showing the house, the assistant accidentally leaves a large window open and a subsequent torrential rain ruined the homeowner’s carpet and pricey paintings. The homeowner’s insurance company sued the broker for repayment of $200,000. The broker paid $50,000 through its insurance company but demanded the agent pay the remaining $150,000. Since the agent’s company only has $100,000 in liability insurance, the agent is personally responsible for the remaining $50,000.
Example B – A real estate agent sends his assistant to the bank to make a deposit. The assistant has a car accident while driving to the bank. People in the other car are seriously injured and they sue the realtor for $1,000,000. The limits on his auto policy are only $300,000. The agent is personally responsible for any award of damages over $300,000.
By forming a corporation, and properly maintaining it, you can protect your personal assets from all business related liabilities of your staff, and thereby prevent creditors and claimants from going after your personal assets to satisfy business debts or judgments. (Note: there are a few exceptions to this general rule which include personal guarantees, payroll taxes and fraud.)

For more information about formation, maintenance, and taxation, please call or email Joslyn Stuart, Esq. at The Small Business Law Firm, P.C. (805) 778-0206 jstuart@smallbusinesslaw.org