Real Estate Brokers & Agents E&O

Professional liability for brokerages and agents for errors in transactions, disclosures, and representation.

Who Needs It

  • Residential and commercial brokerages
  • Individual agents where the brokerage does not cover them
  • Property managers under a brokerage license

What It Covers

  • Claims for negligence, misrepresentation, and disclosure failures
  • Defense costs
  • Fair-housing discrimination defense (sublimited)
  • Lockbox and open-house liability on some forms
  • Property management E&O where endorsed

What It Does Not Cover

  • Bodily injury and property damage
  • Fraud and intentional misrepresentation
  • Commission disputes on most forms
  • Transactions where the agent is a principal without disclosure

Texas Notes

TREC does not mandate E&O, but most brokerages require it for affiliation; Texas seller's disclosure claims are the most frequent.

Florida Notes

Florida DBPR does not mandate E&O; Florida transaction claims frequently involve flood and wind-damage history disclosure.

Real Estate Brokers & Agents E&O Questions We Hear Most

Does my brokerage's policy cover me?

Usually while you are affiliated, subject to its deductible and limits. Confirm whether prior acts follow you if you move.

Does a prior claim mean I can't get coverage?

Rarely. Carriers price and underwrite on frequency and severity over three to five years. One closed claim usually narrows the market slightly; a pattern narrows it a lot. Tell us everything up front; an undisclosed claim found at binding is worse than a disclosed one.

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This guide is general education from a licensed independent agency, not legal advice or a promise of coverage. Every policy is governed by its own forms, endorsements, limits, and exclusions. Ask us to review the actual form before you rely on it.