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Real estate agents insurance

Real estate agents in New Zealand face a range of risks that can be addressed with specialised insurance coverage. From property transaction disputes to regulatory compliance requirements, Marsh understands the challenges facing property professionals and provides insurance solutions tailored to the real estate industry, including the agents and agencies.

What are the benefits of expert risk management?

Real estate professionals operate in a complex regulatory environment with certain liability exposures. Our real estate insurance team combines industry knowledge with global risk management expertise to provide tailored solutions for New Zealand's property professionals.

What's covered under Marsh’s real estate agents insurance?

  • Professional indemnity

    Can provide cover for defence costs and compensation to third parties for loss caused by an alleged breach of professional duty during your performance of real estate services.

  • Directors and officers liability

    Can provide cover for liability arising from alleged wrongful acts, errors or omissions on the part of your firm’s directors or management team.

  • General liability

    This policy can protect your business when held liable for third-party property damage or bodily injury.

  • Statutory liability

    Can provide cover for some fines, pecuniary penalties, reparations and defence costs resulting from incidental breach of statute during the course of business.

  • Employers liability

    Can provide cover for liability arising from personal injury sustained by an employee during work.

  • Employment disputes

    Can provide cover for reparations and legal defence costs when your firm faces a personal grievance or employment dispute.

  • Crime

    Can provide protection against theft and malicious criminal activity, occurring externally or internally, including employee fraud and dishonesty.

Why choose Marsh for real estate agency insurance?

Choosing Marsh for real estate agency insurance means partnering with an insurance broker that understands the challenges and risks faced by real estate professionals.

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In business, we've got your back 

From independent agents to national real estate networks, Marsh has years of experience supporting New Zealand's property professionals. Our award-winning brokers understand the unique challenges facing real estate agents and provide tailored insurance solutions that address industry-specific risks.

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Local expertise

Our New Zealand-wide network of brokers includes brokers with real estate industry experience. We understand the local property market dynamics, regulatory environment, and the challenges facing New Zealand real estate agents.

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Claims support

When real estate agents face claims related to property transactions, client disputes, or regulatory issues, our experienced claims team can provide support. We understand the nature of property industry claims and can work with you to minimise disruption to your business.

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Complimentary legal advice

Our offering includes one hour of complimentary legal advice with an AIG approved real estate specialist lawyer, each time a new claim notification is made. This is helpful for early loss mitigation and reducing the likelihood of a notification developing into an actual claim.

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Monthly payments option

Understanding the seasonal nature of real estate income, Marsh can arrange flexible payment options to help property professionals manage their insurance costs. Spread your premiums across 10 months to better align with your business cash flow.

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Tailored to real estate agents

For over 20 years, Marsh has worked with insurers to develop insurance solutions for real estate professionals. Our deep understanding of property industry risks means your coverage can address the real challenges facing New Zealand based real estate agents.

Why use a broker for your real estate agent insurance?

Real estate agents face insurance challenges that require specialist knowledge. Our professional risk insurance brokers understand the property industry's specific risks, regulatory requirements, and coverage needs that general insurance providers can often overlook.

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Additional cover we can arrange

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Business vehicle cover

Need to travel from one property to another to keep your business running? Marsh can arrange business vehicle cover designed to meet your needs.

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Business interruption cover

Protect your business from unexpected disruptions like property damage or cyber threats. Arrange business interruption cover to keep things moving.

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Cybersecurity insurance

Cyber attacks are becoming increasingly common. Help protect your real estate agency business with cyber insurance solutions arranged by Marsh.

Frequently asked questions

Professional indemnity insurance for real estate agents can provide coverage tailored to the risks associated with the industry. Here are some specific examples of what this insurance can cover:

  • Misleading advice: If a real estate agent provides incorrect information about a property’s value or condition, leading a client to make a poor investment decision, professional indemnity insurance can cover the legal costs and any compensation claims that arise from such misleading advice.
  • Breach of duty: Real estate agents have a fiduciary duty to act in the best interests of their clients. If an agent fails to disclose a significant issue with a property, such as zoning restrictions or pending developments that could affect property value, and the client suffers a financial loss as a result, this insurance can help cover the costs associated with defending against claims of breach of duty.
  • Negligence: In cases where an agent fails to conduct due diligence, such as not properly vetting a buyer’s financial capability or overlooking critical details in a contract, leading to a transaction that falls through or results in legal disputes, professional indemnity insurance can provide coverage for legal fees and settlements.
  • Third-party claims: If a client or another party claims that the agent’s actions caused them financial harm, such as a buyer claiming they were misled about the property’s features, this insurance can protect the agent against claims of negligence and cover the associated legal costs.
  • Legal fees: Regardless of the outcome, defending against claims can be costly. Professional indemnity insurance can cover the legal fees incurred while defending against allegations of professional misconduct, ensuring that agents can focus on their business without the burden of unexpected legal expenses.

By having professional indemnity insurance, real estate agents can operate with confidence, knowing they can be protected against the financial implications of potential claims related to their professional services.

Real estate agent professional indemnity insurance does not cover certain situations and liabilities that agents may encounter. Here are some potential key exclusions to be aware of:

  • Prior claims or existing circumstances: arising from incidents or circumstances that were known to the agent prior to purchasing the policy are typically excluded. Agents must disclose any known issues when applying for coverage to ensure they are adequately protected.
  • Intentional damage: Any claims resulting from intentional acts or fraudulent behaviour, such as deliberately misleading clients or engaging in unethical practices, are not covered. This insurance is designed to protect against unintentional errors, not wilful misconduct.
  • Contractual obligations: Claims related to breaches of specific contractual obligations or indemnity clauses that an agent has entered into may not be covered. It’s important for agents to carefully review contracts to understand their liabilities.
  • Bankruptcy: Professional indemnity insurance does not cover claims arising from an agent's bankruptcy or insolvency. Agents should consider additional financial protections to address these risks.
  • Regulatory fines and penalties: Any fines or penalties imposed by regulatory bodies for violations of any law or regulation are typically not covered by professional indemnity insurance. Agents are responsible for ensuring compliance with all applicable laws.

Understanding these exclusions can help real estate agents make informed decisions about their insurance needs and ensure they are seeking the appropriate coverage for their specific risks.

Real estate agent insurance coverage should reflect your business size, transaction volumes, and property values handled. Our brokers can help determine appropriate coverage levels based on your specific property practice and risk exposure.

Each real estate agency will face different risks. However common risk exposures for real estate agents can include:

  • Professional negligence
  • Incorrect advice
  • Compliance and reporting mistakes
  • Fraud and dishonesty
  • Conflicts of interest
  • Documentation mistakes
  • Misleading information
  • Cybersecurity breaches
  • Breach of duty
  • Poor client communication.

Some risks are more prevalent for certain businesses. Whatever your risk profile, our brokers can tailor your policy to you.

Yes, for real estate agents, professional indemnity and errors and omissions insurance refer to the same coverage. This protection is ess0ential for property professionals who provide advice, guidance, and services related to property transactions.

Real estate agent insurance differs from general professional indemnity insurance in several ways, primarily due to the specific risks and challenges associated with the real estate industry. Here are some of the main differences:

  1. Tailored coverage: Real estate agent insurance is designed to address the risks faced by real estate professionals, such as property transaction fraud, misrepresentation of property details, and compliance with industry regulations. In contrast, general professional indemnity insurance may cover a broader range of professions but may not include the specific nuances relevant to real estate transactions.
  2. Industry-specific exclusions: While both types of insurance may have exclusions, real estate agent insurance often includes provisions that are particularly relevant to the property sector, such as coverage for claims related to property valuations, zoning issues, and fiduciary duties. General professional indemnity insurance may not address these specific scenarios.
  3. Regulatory compliance: Real estate agents must adhere to a variety of industry regulations and standards. Real estate agent insurance typically includes coverage that helps protect against claims arising from regulatory compliance failures, which may not be a focus of general professional indemnity insurance.
  4. Client interaction scenarios: Real estate agents frequently engage in client interactions that involve property viewings, negotiations, and contract management. Real estate agent insurance is designed to cover the risks associated with these specific activities, while general professional indemnity insurance may not provide the same level of protection for these scenarios.
  5. Claims handling expertise: Insurers that specialise in real estate agent insurance often have a deeper understanding of the property market and the specific challenges agents face. This expertise can lead to more effective claims handling and support tailored to the needs of real estate professionals, compared to general professional indemnity insurance providers.

Overall, while both types of insurance provide important protection, real estate agent insurance is tailored to meet the needs and risks of professionals in the real estate industry, offering more relevant coverage and support.

If a client is injured during a property viewing, coverage would typically fall under general liability insurance rather than professional indemnity insurance. General liability insurance is designed to protect real estate agents against claims related to bodily injury or property damage that occur on their premises or during their activities, such as property viewings.

However, it’s important to note that the specifics of coverage can vary based on the policy terms and conditions. Here are a few key points to consider:

  • General liability insurance: This type of insurance generally covers claims for injuries sustained by clients or third parties while on the property being shown, as long as the injury is not due to intentional misconduct or negligence on the part of the agent.
  • Professional indemnity insurance: This insurance primarily covers claims related to professional services, such as errors or omissions in advice given to clients. It does not typically cover bodily injury claims.
  • Policy limits and exclusions: Always review your insurance policy for specific coverage details, limits, and any exclusions that may apply. Some policies may have specific conditions regarding property viewings or client interactions.

To ensure protection, it’s advisable for real estate agents to have both general liability insurance and professional indemnity insurance, as they cover different types of risks associated with the profession.

Yes, obtaining insurance as a new real estate agent is highly advisable. Here are several reasons why insurance is important for those starting out in the industry:

  1. Protection against claims: As a new agent, you may face claims related to errors or omissions in your professional services, such as providing incorrect property information or failing to disclose important details. Professional indemnity insurance can protect you from the financial impact of such claims.
  2. Client confidence: Having insurance can enhance your credibility with clients. It demonstrates professionalism and a commitment to protecting their interests, which can help build trust and confidence in your services.
  3. Compliance with regulations: Depending on your location, certain types of insurance, such as professional indemnity insurance, may be required by law or by your brokerage. Ensuring you have the necessary coverage can help you comply with industry regulations.
  4. Financial security: The real estate industry can be unpredictable, and legal claims can be costly. Insurance provides a safety net, helping to safeguard your finances and allowing you to focus on growing your business without the constant worry of potential liabilities.
  5. Coverage for various risks: In addition to professional indemnity insurance, consider general liability insurance to protect against claims related to bodily injury or property damage that may occur during property viewings or client interactions.

In summary, having insurance as a new real estate agent is a crucial step in establishing your business and protecting yourself from potential risks and liabilities in the industry.

When joining a real estate franchise, there are several important insurance considerations to keep in mind to ensure you are adequately protected and compliant with both franchise requirements and industry standards.

Here are some key points to consider:

  1. Franchise requirements: Many real estate franchises have specific insurance requirements that franchisees must meet. Review the franchise agreement carefully to understand the types and levels of insurance coverage required, such as professional indemnity insurance, general liability insurance, and errors and omissions insurance.
  2. Coverage scope: Ensure that the insurance policies you obtain cover the specific risks associated with operating under a franchise model. This may include coverage for property transactions, client interactions, and any unique services offered by the franchise.
  3. Liability protection: Consider the potential liabilities you may face as a franchisee, including claims related to property viewings, client injuries, and professional advice. General liability insurance and professional indemnity insurance are essential to protect against these risks.
  4. Compliance with regulations: Ensure that your insurance coverage complies with local laws and regulations governing real estate practices in your area. This may include specific licensing requirements and insurance mandates that vary by region.
  5. Franchise support: Some franchises may offer support or recommendations for insurance providers that understand the unique needs of real estate professionals. Take advantage of this support to find suitable coverage options.
  6. Policy limits and deductibles: Review the limits and deductibles of your insurance policies to ensure they align with your business needs. Higher limits may be necessary to adequately protect against potential claims, especially in a franchise setting where your reputation is tied to the brand.
  7. Risk management practices: Implement risk management practices to minimise potential claims. This may include training on compliance, proper documentation, and client communication. Some franchises may provide resources or training to help you manage risks effectively.
  8. Review and update policies: As your business grows and evolves, regularly review and update your insurance policies to ensure they continue to meet your needs and comply with franchise requirements.

By considering these factors, you can feel secure that you have the appropriate insurance coverage in place when joining a real estate franchise, helping to protect your business and mitigate potential risks.

When expanding your real estate business to include property management, consider the following insurance factors:

  • Property management insurance: Obtain coverage to address liabilities such as tenant disputes and property damage.
  • Professional indemnity insurance: Ensure this covers risks related to property management, including claims of negligence.
  • General liability insurance: Confirm that your coverage is adequate for protecting against bodily injury or property damage on managed properties.
  • Compliance with regulations: Familiarise yourself with local laws governing property management to ensure your insurance meets legal requirements.

By addressing these key considerations, you can better protect your business as you expand into property management.

Yes, you typically need different insurance for commercial versus residential real estate due to the distinct risks and coverage requirements associated with each type of property.

  • Coverage differences: Commercial properties often require specialised insurance that addresses risks such as business interruption, liability for tenants' business activities, and property damage specific to commercial operations. In contrast, residential properties focus more on personal liability and tenant-related risks.
  • Policy types: Commercial real estate may require policies like commercial property insurance and commercial general liability insurance, while residential real estate usually involves homeowners insurance or landlord insurance.
  • Regulatory considerations: Different regulations may apply to commercial and residential properties, impacting the insurance requirements. It’s important to ensure compliance with local laws for each property type.

By understanding these differences, you can ensure that you have the appropriate insurance coverage for both commercial and residential real estate.

When working as a real estate team versus solo, there are several insurance factors to consider:

  • Team liability coverage: As a team, you may need to ensure that your general liability insurance covers all team members. This can help protect against claims arising from the actions of any team member during property transactions or client interactions.
  • Professional indemnity insurance: Ensure that your professional indemnity insurance covers the collective activities of the team. This is important as multiple agents may be involved in a single transaction, and claims could arise from any member's actions.
  • Shared responsibilities: Consider how responsibilities are shared within the team and ensure that your insurance policies reflect this structure. This may involve reviewing how coverage applies to different roles within the team.
  • Compliance with regulations: Ensure that your insurance meets any regulatory requirements specific to team operations, as these may differ from those for solo agents.

By addressing these factors, you can ensure that your insurance coverage is appropriate for the dynamics of working as a real estate team.

If you miss a settlement deadline or make an error in property documentation, several consequences may arise:

  • Financial liability: You may be held financially responsible for any losses incurred by your clients due to the missed deadline or documentation error. This could include costs related to delayed transactions or legal fees.
  • Professional indemnity claims: If your error leads to a claim from a client, your professional indemnity insurance may cover the legal costs and any compensation awarded, provided the claim falls within the policy's terms.
  • Reputational damage: Mistakes can harm your professional reputation, potentially leading to a loss of clients and referrals. Maintaining a good reputation is crucial in the real estate industry.
  • Regulatory implications: Depending on the severity of the error, you may face regulatory scrutiny or disciplinary action from licensing bodies, which could impact your ability to practice.

To mitigate these risks, it is essential to have appropriate insurance coverage and implement thorough processes for managing documentation and deadlines.

If you provide incorrect property market advice or valuations, your protection largely depends on your professional indemnity insurance.

  • Professional indemnity insurance: This type of insurance is designed to protect you against claims arising from errors or omissions in your professional services, including incorrect advice or valuations. If a client suffers a financial loss due to your mistake, this insurance can cover legal costs and any compensation awarded.
  • Policy limits and exclusions: It is important to review your policy to understand the coverage limits and any exclusions that may apply. Some policies may have specific conditions regarding the type of advice covered.
  • Reputational risk: Even with insurance, providing incorrect advice can harm your professional reputation, potentially leading to a loss of clients and referrals. Maintaining accuracy and professionalism in your advice is crucial.

To ensure adequate protection, consider obtaining professional indemnity insurance that specifically covers property market advice and valuations, and implement thorough processes for verifying information before providing it to clients.

Yes, your real estate agent insurance may cover disputes over property condition or disclosure issues, but this largely depends on the specifics of your policy.

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LCPA 26/NZ136