Avoiding litigation: strategies to head off trouble before it even starts

What’s the most frequent type of errors-and-omissions litigation in the real estate industry? Misrepresentation. These claims range from innocent mistakes to intentional fraud.

Some strategies for avoiding claims of misrepresentation are to recommend professionals such as inspectors and appraisers to determine factors like the size and condition of a property; ask the sellers whenever possible to provide written documentation about any statements regarding the property; and be sure that the sellers disclose all pertinent facts.

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