Key Takeaways

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Errors and omissions insurance in real estate covers professional mistakes like missed disclosures, pricing errors or paperwork delays.

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States like Colorado, Louisiana and Montana require E&O Insurance for real estate professionals to maintain an active license.

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Real estate agents often need general liability, cyber coverage and commercial auto insurance in addition to E&O.

How Does Errors and Omissions Insurance Work For Real Estate?

Real estate E&O insurance covers professional mistakes like missed disclosure requirements, property valuation errors or contract oversights. Unlike general liability, which covers bodily injury, E&O insurance for real estate agents covers costs from lawsuits claiming your professional advice caused clients financial harm. It also includes legal defense plus damages up to your policy limits.

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What Does Errors and Omissions Insurance Cover in Real Estate?

Real estate E&O insurance covers professional negligence claims, but excludes intentional wrongdoing and criminal acts. Understanding what's covered helps you assess whether it fits your business needs.

You know about a problem with a house but don't tell the buyer.
A buyer sues for $45,000 after discovering foundation cracks you knew about but didn't mention when selling the home.
You deliberately lie to clients or commit fraud.
Intentionally hiding known structural damage or creating fake documents isn't covered because it's deliberate wrongdoing.
You tell clients their house is worth more or less than it actually is.
Your price estimate is $30,000 too high, so the lender denies the buyer's mortgage application and triggers a lawsuit.
Someone gets physically hurt during a house showing or inspection.
A client breaks their ankle falling down stairs during a showing because physical injuries require general liability insurance.
You miss an important deadline when buying or selling a house.
You forgot to submit inspection paperwork on time, which cost your buyer their $15,000 deposit and sparked a lawsuit.
You promise clients their house will definitely increase in value.
Guaranteeing a home will appreciate 10% annually isn't covered because you're making specific promises about future profits.
You put the wrong information in house listings or advertisements.
You list a house as 2,500 square feet when it's actually 2,200, leading to a $12,000 claim from disappointed buyers.
You refuse to work with certain clients based on race, religion or other protected characteristics.
Discrimination in housing requires separate employment practices liability insurance, not errors and omissions coverage.
You're a real estate broker and your agent makes mistakes you should have caught.
Your agent fails to disclose problems on several home sales, resulting in $85,000 worth of lawsuits against your brokerage.
You steal money from clients or misuse funds they gave you.
You used a client's $20,000 earnest money deposit to pay personal bills and couldn't return it at closing. They filed a $35,000 lawsuit for the failed transaction and damages.
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LEARN MORE ABOUT ERRORS & OMISSIONS (E&O) INSURANCE

Ready to find the right errors and omissions insurance for real estate? These guides help you compare costs, find affordable options, and choose the best coverage for your needs.

Who Needs Errors and Omissions Insurance in Real Estate?

Not all states legally require E&O insurance for real estate professionals, but getting coverage is a good idea whether it's mandated or not. How much financial protection you need depends on your role and the types of transactions you handle. 

The following real estate professionals should strongly consider E&O coverage:

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    Real Estate Agents And Sales Associates

    Handles buyer and seller transactions, property showings and contract negotiations where disclosure mistakes can lead to expensive lawsuits from disappointed clients.

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    Real Estate Brokers And Broker-Owners

    Faces additional responsibility for supervising agents, plus liability for brokerage operations and multiple transactions happening simultaneously, increasing risk.

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    Commercial Real Estate Professionals

    Works with high-value properties and complex deals where even small mistakes can result in six-figure claims and lengthy business disputes.

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    Property Appraisers And Evaluators

    Provides price estimates that directly impact lending decisions. Pricing errors can cost clients tens of thousands when deals don't go through.

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    Property Managers And Leasing Agents

    Handles tenant relations, maintenance decisions and lease agreements where housing problems or discrimination claims can surface unexpectedly.

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    Real Estate Inspectors.

    Examines properties for problems. Missing serious defects can lead to safety hazards and expensive repair bills for unsuspecting new homeowners.

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    Mortgage Brokers And Loan Officers

    Processes financing applications where documentation or qualification errors can derail transactions and leave clients scrambling for alternatives.

State Requirements for Real Estate Errors and Omissions Insurance

These eight states require real estate professionals to carry E&O coverage to get or keep their license:

E&O insurance required for every active real estate professional (specific limits in Commission Rule 3.9)
Individual brokers and business entities must have E&O insurance
Continuous E&O coverage required for brokers, salespersons, corporations, LLCs and partnerships
$100,000 per claim / $300,000 aggregate coverage required
$100,000 per claim / $300,000 aggregate for individuals; $100,000 per claim / $1 million aggregate for firms
$100,000 per occurrence, $300,000 annual aggregate minimum
Coverage required for brokers, associates, property managers, auctioneers and sales agents
Proof of E&O coverage required for all licensed professionals

Disclaimer

If your license is in one of these states, you must maintain continuous coverage or face license suspension. Most states requiring E&O insurance offer group plans through their real estate commissions. You can also buy coverage from any insurance company as long as it meets your state's minimum requirements.

Is Errors and Omissions Insurance for Real Estate Enough?

E&O insurance covers professional mistakes, but real estate professionals face other risks requiring different coverage types. For example, if a client slips and falls during a showing or your marketing materials accidentally violate copyright laws, you'll need additional protection beyond your professional liability coverage.

You might also need:

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    General Liability Insurance

    Accidents happen during showings, like clients tripping over equipment or you damaging someone's floors while staging. It covers injury costs and damage expenses that fall outside E&O protection.

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    Commercial Property Insurance

    Your laptop with all those client files, professional camera for listing photos and office furniture need protection from theft or fire damage.

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    Cyber Liability Insurance

    Real estate deals involve Social Security numbers, bank account details and financial records. Cyber coverage helps pay for credit monitoring, legal fees and regulatory fines when hackers target this information.

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    Business Interruption Insurance

    A burst pipe floods your office or a kitchen fire forces you to close temporarily. This coverage replaces your lost income and helps pay rent while you get back on your feet.

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    Commercial Auto Insurance

    Personal car insurance often won't cover accidents while driving clients to showings or delivering contracts. You need business coverage for work-related driving.

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    Employment Practices Liability Insurance.

    Once you hire assistants or other agents, this protects you from discrimination lawsuits, harassment claims or wrongful termination suits from current and former employees.

Insurers usually sell errors and omissions policies independently, but you can add them to a business owner's policy to save on cost.

Errors and Omissions for Real Estate Insurance: Bottom Line

Mistakes happen in real estate, and that's exactly what errors and omissions insurance is for. Some states make it a must, but it's worth having even if yours doesn't. For full financial protection, think beyond E&O and consider adding coverage like general liability, cyber liability and commercial auto.

Real Estate Errors and Omissions Insurance: FAQ

We've addressed frequently asked questions about errors and omissions insurance for real estate to help you understand how it works and why it matters:

What does errors and omissions insurance cover in real estate?

How much is errors and omissions insurance for real estate agents?

Can you show real examples of E&O claims in real estate?

Which states require E&O insurance for real estate agents?

What's the difference between E&O insurance and general liability for real estate?

What factors affect E&O insurance costs for real estate agents?

Does E&O insurance cover claims made after you retire or leave the real estate industry?

About Mark Fitzpatrick


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Mark Fitzpatrick, a Licensed Property and Casualty Insurance Producer, is MoneyGeek's resident Personal Finance Expert. With over five years of experience analyzing the insurance market, he conducts original research and creates tailored content for all types of buyers. His insights have been featured in publications like CNBC, NBC News and Mashable.

Fitzpatrick holds a master’s degree in economics and international relations from Johns Hopkins University and a bachelor’s degree from Boston College. He's also a five-time Jeopardy champion!

Passionate about economics and insurance, he aims to promote transparency in financial topics and empower others to make confident money decisions.


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