Subpoenas are court orders that command you to give a deposition, 生产文件, or appear at a trial in a dispute between two other parties. 乍一看，它们似乎无害. 你可能会想: What’s the trouble with answering a few questions?
Subpoenas are often precursors to claims being filed. 看你怎么处理传票了, you could go from being a witness to a defendant, 劳拉·普罗斯说, Director of REAP/REALAX Data Analytics at CRES, 加拉格亲和部. CRES is a 德州2021十大正规彩票app经纪人® risk management partner.
例如, consider a situation where you were the seller’s agent, and the buyer sues the seller over alleged non-disclosure issues. You receive a subpoena from the seller’s attorneys because they want to talk to you about the sale. 想帮助你以前的客户, you think there is no harm in responding to the attorneys’ questions. Your answers may be gathered as part of the lawsuit’s discovery process.
Here’s how to protect yourself when faced with a subpoena.
Inform your broker and contact your errors and omissions (E&O) insurance provider as soon as you’re subpoenaed. “Many policies have subpoena assistance coverage but with short reporting deadlines,” Prouse says.
Getting legal assistance is your best defense in avoiding mistakes. “Do not handle a subpoena without legal assistance,” she says. 如果你有E&O政策与传票协助, your insurance carrier may be able to provide some names of attorneys to help you.
“An attorney can determine if the subpoena is proper,” she says. “The attorney can raise objections and review the document. The attorney can prepare you to testify or give a deposition.”
One reason for being cautious is you don’t know the background of the subpoena. Agents and brokers tend to be customer service-oriented people who are eager to help. Even though you had a great relationship with your client, 你认为交易进行得很顺利, 而你想帮忙, you need to be mindful that there is a reason you have received a subpoena in someone else’s dispute.
“In the past year, we have seen an uptick in subpoenas in Texas,” Prouse says. “We don’t know yet exactly what is driving this increase, but it could be related to the sales frenzy in the market.
“It’s the nature of the beast that if you are practicing real estate, you are exposed. Even if you do everything right, you can still be included in someone else’s legal action or claim.”
普罗斯注意到，有一个E&O政策与传票协助 is a great benefit. “Current statistics show that an average cost for handling a subpoena in Texas is about $7,000, 哪个比全国平均水平高. Without coverage, hiring an attorney to help with a subpoena can get expensive.”
You don’t need to be afraid of subpoenas, but don’t treat them lightly—and do not ignore them.