eLearning CPD

Risk Management: How to avoid costly negligence claims

Agents can sometimes find themselves on the wrong end of a negligence claim by a seller, buyer, landlord or tenant.

Comprising of three one-hour recorded webinar, this nine CPD points eLearning course will provide you with the knowledge to help you understand and avoid common risks. Specifically, this eLearning course will include the following webinars and areas covered: 

How to avoid costly negligence claims: 

  • Running through some real-life examples of negligence claims against real estate agents
  • Explaining what the agents might have done differently to have avoided a claim.

Avoiding commercial sales negligence claims: 

  • Managing your risks when making representations to potential purchasers 
  • Misleading or deceptive conduct being brought against you
  • A Queensland Supreme Court case discusses a purchaser's allegation that entered into a transaction solely as a result of a sales consultant's misrepresentations as to the value of comparative properties
  • A New South Wales Court of Appeal case highlights the potential for a purchaser to rescind a contract due to the false answers to requisitions and untruthful claims in a brochure - both provided by the selling agent.

How to avoid a managing agency negligence claim:

  • Cases indicating the tendency of the Courts to adopt a quote "narrow reading" of such agreements. What does a "narrow reading" entail? 
  • In a New South Wales Court of Appeal case, the Managing Agent sought to be indemnified following the injury of a woman slipping on a pavement outside a shopping centre
  • Clear delineation of the duties required of Managing Agents vis-à-vis property owners can protect Managing Agents from being found liable of acting negligently
  • How is the language of your agreement and your respective duties as Managing Agent likely to be legally interpreted?

Meet the presenter

Peter Moran is a partner in Colin Biggers & Paisley, a major Australian law firm.
In 2014-15, 2016 and 2017, Peter was listed in Best Lawyers in Australia as a leading insurance lawyer. In 2015, Doyle's Guide listed Peter as a recommended Sydney professional indemnity lawyer.
Peter has over 30 years' extensive experience in insurance litigation. Peter has been a LawCover panel solicitor for 23 years. He regularly presents papers and seminars to clients and the legal profession. He conducts training sessions for regional legal practitioners throughout NSW on good practice and risk management.

More information

If you have any questions about this course, please contact REINSW Training on (02) 9264 2343 or email training@reinsw.com.au


Delivery mode?
eLearning (webinar recording)

At your computer

How much?

9 CPD points; Learning Category 3