. In Episode 106 of the Wandering But Not Lost Podcast, co-hosts Matt Emerson and Jan O’Brien discuss 10 common sense things that you can do to keep yourself out of court, that are easy to do, but just as easy to overlook!  In today’s Zen, our special guest foreign correspondents, Kaylee & Perry join us to showcase some of their world travels.  






Reduce Your Liability in Real Estate with these 10 Best Practices

Do you have systems and best practices in place for your real estate business to reduce your overall liability and risk? If not, take a look at these ten strategies to implement or refine now to help manage the risk of potential litigation as well as complaints filed with the department of real estate or your local REALTOR Association.

  1. Provide Exceptional Customer Service!
    Communicate. Communicate… often and with all parties in the transaction!  Return phone calls, texts and emails promptly. Lack of communication is the biggest complaint from dissatisfied buyers and sellers. Implement great follow-up and update systems to let your clients know the current status of their listing, sale or escrow.
  2. Conduct Buyer and Seller Consultations
    It is imperative to always conduct a thorough consultation and qualification with all buyers and sellers before you decide to move forward in a real estate transaction. This is when you set the expectations, learn more about your client’s expectations and communication preference and review the entire process.
  3. The paperwork is your best defense!
    Keep a complete record of your transaction…including all contracts, addenda, disclosures, forms, emails, texts, and correspondence. Create a file on your computer and your email to organize your correspondence and documents.  Most companies are using a paperless transaction management system, but make sure you also have a complete backup stored somewhere safe. Scan your emails and store them online and/or on a backup device.
  4. The Rule of 3
    Always recommend three vendors, contractors, attorneys, lenders, home inspectors, home warranty companies, lenders, etc.  Consider creating a disclosure with the companies and service providers you recommend and having your clients sign and acknowledge the choices you presented. 
  5. Get a Home Warranty and Home Inspection

Always recommend and encourage your clients to obtain a home inspection and a home warranty.  If your client opts to waiver either, I highly recommend having at least three forms of documentation for your file stating they are aware of how important both of these areas and they are choosing to waive one or both.

  1. Disclose…Don’t Diagnose and Stay in Your Lane!
    You are the real estate practitioner – not an inspector, engineer, attorney or CPA. Provide real estate advice and leave areas outside of your expertise to other professionals. Be the source of the source.  Consider providing a resource document with links and information to everything from schools, zoning to crime statistics and more. 
  2. Keep a Communication Log
    Record your notes, conversations, and milestones.  If red flags are raised during the transaction or you encounter challenges, it is particularly important to record the facts and events.  If you are using a paperless transaction management system, scan and upload all of your notes, emails, and correspondence for your transactions. Keep a digital backup for yourself.  Your CRM is a great place to keep notes and documents.
  3. Use email to confirm conversations
    It seems texting has become the preferred method of communication for most people! It is imperative to leverage email to memorialize everything you deem important to the transaction.  This includes verbal agreements, text messages, and proof of delivering copies of contracts and addenda.  If your clients don’t use email, then mail copies of all the contracts and documents they sign via certified or registered mail or use an overnight service like FedEx.
  4. Implement a Listing and Sale Workflow or Checklist

There are many moving parts and tasks to attend to in a real estate transaction. Include any due diligence and contingency deadlines in your checklist.  Choose a CRM that will assist you with automating and streamlining the workflow, reminding you of the next task and enhancing a great customer experience!

  1. Develop and use standard procedures for everyone
    Review fair housing rules and treat all prospects, customers, and clients honestly, fairly and equally. If it’s your personal policy to meet a prospect at your office, give your showing itinerary to your front desk admin and get a copy of the person’s driver’s license, then you better be doing that for everyone you work with!

Fishing in a small village in the Isaan Province, Thailand. Visiting a Thai English Teachers family.

Perry and Kaylee met in the summer of 2013 on a flight to Italy. They immediately formed this strong connection with the love of travel being at the forefront. After returning home from Italy, Perry and Kaylee moved to Spain, Perry teaching English for the year and Kaylee studying for six months outside of Madrid. They used this time to adventure around Europe and take weekend trips to countries including Italy, Greece, England, Belgium and Portugal. After completing their stint in Spain, Perry and Kaylee returned home for a year, but knew they weren’t finished living abroad. They applied for an English Teaching position in Thailand through a program called CIEE. They would arrive in Thailand in October 2016, but before arriving they returned to Spain to complete the Camino de Santiago, a 500 mile walk starting from St. Jean Pied de Port, France and ending in Santiago, Spain. They completed the trek in 32 days and then set off to Thailand to begin teaching for a year. During their time in Thailand, they had revisited their dream of joining the Peace Corps. They didn’t want to end their traveling in Thailand, so they applied to the Peace Corps and after an intense application process, they were accepted into he Program and placed in Panama to continue teaching English for two years. They connected with the Panamanian people and immersed themself in a small mountain town in the eastern part of Panama. They now work for Peace Corps Headquarters and plan on continuing their love of travel and immersion in the near future.





Finisterre, Spain. The end of our Camino de Santiago trek.

Walking the Camino de Santiago.

In front of the cathedral in Santiago, Spain with our Camino de Santiago stamped passports.

At our school in Bangbon, Thailand where we taught English

In Panama, with a family we were very close to.

Our last day teaching English in Bangbon, Thailand. Our students giving us gifts of flowers.

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