Category: Service Businesses

SIC CODE: 6531 Real Estate Agents and Managers

NAICS CODE: 531210 Offices of Real Estate Agents and Brokers
531311 Residential Property Managers
531312 Nonresidential Property Managers

Suggested ISO General Liability Code: 47050, 60010, 61226

Suggested Workers Compensation Code: 8721, 8810, 9012, 9015

Description of operations: Real estate agents list, advertise, promote or arrange the sale of real property or land for a seller or locate properties to purchase for a buyer. The agent often helps negotiate the price and conditions of the sales transaction. Real estate agents traditionally work on a commission basis, but fee arrangements are becoming more common. A real estate agent enters into a contractual relationship either with a buyer seeking to purchase property or with a property owner seeking to sell or lease a property. Some states permit an agent to represent both the buyer and the seller in a transaction. The agency may work only through employees or through independent contractors. The status of each must be determined since it may impact how coverages apply. Real estate agents may offer other services including insurance sales, mortgages, or valuations. In most states, real estate agents need to successfully pass an exam and maintain a license. Many states have reciprocal agreements allowing a licensed real estate agent to work in other states.

Property exposure is generally limited to that of an office, although there may be some incidental storage or an area for meetings. Ignition sources include wiring, heating and air conditioning, wear, and overheating of equipment.

Crime exposure comes from employee dishonesty, including risks to theft of customers’ property. Realtors have access to customers’ financial information. Potential for theft, directly or by means of identity theft, is great. Hazards increase without proper background checks, along with monitoring procedures and securing of all records to prevent unauthorized access. All job duties, such as ordering, billing and disbursing should be separate and reconciled on a regular basis. Audits should be performed at least annually.

Inland marine exposures consist of accounts receivable if the agency offers credit, computers and valuable papers and records for clients' information such as listings. Clients’ records and approvals are typically originals that are difficult to recreate. A morale hazard may be indicated if the insured does not keep valuable papers and disks in fireproof file cabinets to protect them from smoke, water, and fire. Power failure and power surges are potentially severe hazards. Duplicates should be kept off-site to allow for re-creation following a loss.

Premises liability exposure is often minimal at the office location if most of the client contact is electronic or by mail. If clients visit the premises, they must be kept in designated areas that are well maintained with floor covering in good condition. The number of exits must be sufficient and well marked, with backup lighting in case of power failure. Parking lots and sidewalks must be in good repair, with snow and ice removed, and generally level and free of exposure to slip and falls.
Off-premises exposures arise from sales visits, inspections, open houses, and similar work at customers’ premises. Since both buyer and seller are often represented by different realtors, any damage that occurs during open house showings may result in disputes with customers, prospective buyers or sellers, or other realty firms as to who is responsible for damages. Hazards increase in the absence of controls regarding keys, the use of lockboxes, or other devices that permit easy entry, and record keeping regarding access and visits by agents from other realty firms. Personal injury exposures include assault, battery, libel, and slander, and invasion of privacy. An important consideration is the status of employees vs. subcontractors as the relationships and contracts vary by agency. Contracts should be clear as to which services are provided by the agency to the subcontractors and the expectations the agency has of the subcontractor. If agents are independent contractors, any injuries they incur on premises are part of the premises liability exposure instead of workers compensation.

Professional liability exposure is extensive. The exposure increases if the agency fails to conduct thorough background checks to verify employees' credentials, education, and licensing, permits clerical workers to do tasks that only the professionals should handle, or if error checking procedures are ignored or are inadequate. Very serious losses may result from failure to document decisions and actions or to secure client approval. For services such as property management, the insured will have a fiduciary responsibility to act in the client’s best interests.

Automobile exposure may be limited to hired and non-owned. The exposure increases if clients are transported to showings. If vehicles are supplied to employees, there should be written procedures in place regarding personal use by employees and their family members. All drivers must have appropriate licenses and acceptable MVRs. Vehicles must be maintained, and records kept in a central location.

Workers compensation exposures include both office operations and off-site work for sales work, property showings, and similar activities. As office work is done on computers, potential injuries include eyestrain, neck strain, carpal tunnel syndrome, and similar cumulative trauma injuries that can be addressed through ergonomically designed workstations. Travel may be extensive. Workers who travel offsite can be injured by slips and falls or in automobile accidents. Agents may show properties at unusual hours to prospective customers whom they may not know personally, posing a potentially serious risk from assault. The contractual relationship between the agency and any independent contractors helps determine the workers compensation exposure, although regulatory definitions of the employee may supersede the contract terms.

Minimum recommended coverage:

Business Personal Property, Business Income with Extra Expense, Employee Dishonesty, Money and Securities, Accounts Receivable, Computers, Valuable Papers and Records, General Liability, Employee Benefits Liability, Professional Liability, Umbrella Liability, Hired and Nonownership Auto Liability, Workers Compensation

Other coverages to consider:

Building, Earthquake, Equipment Breakdown, Flood, Computer Fraud, Forgery, Cyberliability, Employment-related Practices Liability, Business Auto Liability and Physical Damage, Stop Gap Liability