BROKER RISK MANAGEMENT
WEEKLY PRACTICE TIP
Change Your E-Mail Signature Block to Protect Yourself
BOTTOM LINE: Add the following to your email signature block:
“I have not verified any of the information contained in those documents that were prepared by other people.”
DISCLOSURE STANDARD: The case of Salahutdin v. Alcantara sets forth the duties of an agent when they receive information from a third party and then pass that information along (e.g., from listing agent to buyer’s agent; or from buyer's agent to buyer). In such cases, the agent must state where they received that information (ATTRIBUTE), and either confirm that information (not recommended) or disclaim that the information has not been confirmed (DISCLAIM).
For more information, see Weekly Practice Tip “Attribute and Disclaim”
This disclosure standard applies to ALL information received by agents from ALL sources. It could be from a neighbor, from information in reports of inspections, from public records, or any documents from seller or any source to which you have possession and pass along either as listing agent to the buyer’s agent, or as buyer’s agent to your buyer.
For this reason a number of documents have “Attribute and Disclaim” language in them, such as the “Square Footage and Acreage Advisory” and the “Document Transmittal Cover Sheet” (attached). However, today the most common method for delivering transaction documents is via e-mail. In that instance, there is no automatic “Attribute and Disclaim” language.
UNLESS. . .
Such a disclosure were to be added to your e-mail signature block.
Adding this to your e-mail signature block is a great risk management tool. If a party (such as a buyer) attempts to later claim that you passed along documents and did not verify the information, and did not disclaim that you didn’t, you can point to this language in your transmittal e-mail.
PRACTICE TIPS:
1. For this reason it is recommended that you add the following to your e-mail signature block so that each transmission of documents via e-mail meets the Salahudtin standard:
“I have not verified any of the information contained in those documents that were prepared by other people.”
2. This can go above or below your name and contact information
3. Also, consider using the attached “Document Transmittal Cover Sheet” with each document transmittal.
DO NOT FORWARD TO CLIENTS. This Weekly Practice Tip is for the exclusive use of clients of Broker Risk Management and their agents. It may not be reproduced or distributed without the express written consent of Broker Risk Management. The advice and recommendations contained herein are not necessarily indicative of standards of care in the industry, but rather are intended to suggest good risk management practices.
© Copyright Broker Risk Management 2016 05/20/16
FORM FOLLOWS:
DOCUMENT TRANSMITTAL COVER SHEET
AND RECEIPT FOR DOCUMENTS
PROPERTY ADDRESS: ___________________________________________________
PROVIDED BY: _______________________________________________(“Broker”)
Broker is providing you with the following documents which may consist of disclosures, reports of inspections, written reports, or public record documents in Seller or Broker’s possession (“Documents”).
Document Name Date Pages
______________________________________ __________________ ____
______________________________________ __________________ ____
______________________________________ __________________ ____
______________________________________ __________________ ____
______________________________________ __________________ ____
□ (If checked) See the attached ___ additional Documents which are identified on the attached sheet.
Broker and its agents have not and will not verify any of the information contained in those Documents that were prepared by other people; and Broker makes no representation regarding the accuracy or completeness of those Documents, nor of the performance of the person preparing those Documents. Buyers need to satisfy themselves as to the items and issues discussed in those Documents, etc.
Buyer hereby acknowledges receipt of these documents.
Buyer: ___________________________________ Date: _________________
Buyer: ___________________________________ Date: _________________