Here are some ways estate agents in the workplace can avoid action of a legal kind. It is prudent that the agent, his/her staff, consultants, contractors, or sub-contractors are aware of unacceptable conduct which the insurer is not liable to make any payment for loss. Amongst other things, the agent must:

• Not disclose confidential and privileged information provided directly or indirectly without the client's express permission except where there is a legal requirement for disclosure.
• Not accept an appointment or engagement which may compromise their client's position or create a conflict of interest.
• Not mislead or deceive or engage in conduct that is likely to mislead or deceive any parties in the course of their business.
• Not exaggerate or make false claims in any statements, documents, reports or advertising.
• Not engage in any dishonest, fraudulent, criminal, reckless or malicious act or omission.
• Not commit any wrongful acts concerning Employment of staff.
• Not gain any profit or advantage to which an insured was not legally entitled.
• Not commit any intentional Breach of Professional Duty.
• Not provide any Financial Services as defined by Chapter 7 of the Corporations Act.
• Not incur punitive or exemplary damages or fines or penalties imposed by law or incur investigation or defence costs arising as a consequence thereof.
• Not breach copyright.

• Arise from valuations unless indemnified as a Valuer by your insurer.

• Check your policy wording particularly in respect to claim notification requirements.
• Advise your insurer immediately in writing you become aware that there is a possibility that a claim (or even a verbal intimation) may be forthcoming.
• Remain calm.
• Do not admit liability.
• Do not respond to letters (facsimiles), emails and phone calls without reading your policy and consulting/notifying your insurer in the first instance. Your Insurer will recommend the course of action.
• Do not negotiate a settlement, compile field notes, prepare reports, and remember, above all;
• Stay calm.

Principals may wish to reiterate these points to staff and modify the company's policies and procedures manual.

Contact Jim Lourandos on 0412 362 984