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NEW YORK

Real Estate E&O Insurance in New York.

New York real estate professionals trust PBI Group for E&O insurance written by specialists who know New York's New York Department of State, Division of Licensing Services rules.

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Types of Real Estate Insurance in New York

There are 3 main types of insurance for real estate:

Although errors and omissions insurance is not mandated by New York, E&O insurance is often required by another authority such as your real estate franchise or bank partners. Regardless of whether it is actually mandatory, common sense or past experiences often make signing up for errors and omissions insurance in New York an obvious choice.

Errors and Omissions Insurance in New York

Just as the name would suggest, errors and omissions insurance covers errors and omissions made by real estate professionals working on behalf of a real estate brokerage. Specifically, E&O typically covers situations like not disclosing relevant information about the property, or not showing a property to a prospective buyer to even bodily injury or damage that could happen during a showing. In general terms, broadform E&O policies protect both the brokerages and individual real estate agents if they’re sued by a client because of a mistake they’ve made related to transactions in real estate.

Errors and omissions insurance for real estate often covers defense costs, legal costs, and court costs related to a claim.

Cyber Liability Insurance for Real Estate in New York

Cyber Liability Insurance for real estate is a relatively new type of insurance policy in New York that is designed to protect businesses from both 1st and 3rd party risks associated with cyber attacks and fraud. Real Estate professionals are a prime target for these types of attacks, because real estate deals involve complicated, multi-party, high value transactions and sensitive personal data.

First party Cyber Liability policies cover the real estate agent directly and include things like Cyber Extortion, Electronic Transfer Fraud, Deceptive Funds Transfer, and Telephone Tolls, to name a few. Direct coverage is important, but from what we have seen are rarely the reason why real estate professionals decide to purchase cyber liability policies. It’s the 3rd party protection that is usually the consideration, because that coverage would protect the vendor/partner or clients and in real estate deals, this is where the majority of the money is.

General Liability Insurance for Real Estate in New York

General Liability Insurance or business liability insurance is a common type of coverage in any industry that protects businesses from claims resulting from normal business operations not specifically related to the real estate industry.

Specifically, General Liability Insurance in New York will cover personal and advertising injury, damage to properties that are rented to your business, as well as, bodily injury or medical claims, and other common business liability exposure.

Claims

What drives E&O claims in New York

Two policies can carry the same limit and the same price, yet respond in opposite ways to the same lawsuit. These anonymized NY claims show the difference the policy form makes.

Real NY claims, and how the form responded:

Failure to disclose — lead-based-paint history on a pre-1978 home

The disclosure that said no

Utica, NY

A listing agent represented the seller of a pre-1978 Utica home ($189,000, closed late 2023), which required the federal lead-based-paint disclosure. The property had a history: a county health-department inspection had prompted remediation the seller completed, with later testing within limits — and the disclosure answered "no" known hazards. The buyer waived inspection. About two years later the buyer sued the seller over the undisclosed lead history, and the listing agent — not a named defendant — was served a judicial subpoena to produce all lead records and testify. In active litigation.

On a standard form

A lead-paint matter can be coded as a *pollution* claim, and a disclosure that answered "no" invites a dishonesty-exclusion fight — on a weaker form, both can stall coverage before the agent's conduct is even examined.

On the PBI Group form

Handling the lead disclosure on a pre-1978 home is covered Real Estate Professional Services — and a federal duty the agent's own certification attests to — so a negligent-disclosure claim is a covered Wrongful Act. The form responds even before the agent is a defendant: a subpoena is a circumstance to report, with defense costs outside the limit. The dishonesty exclusion bites only on final adjudication, so a contested "no" is defended while the facts are tested. (Proven, knowing concealment isn't indemnified, and the lead / pollution boundary is an edge worth confirming against the form.)

The insight

"We remediated it" isn't "there was never a problem." Never let a seller answer "no" where a documented lead concern is in the file — disclose the history and the records — and treat any subpoena as a matter to report to your carrier, not paperwork to handle alone.

Illustrative summary of a real claim; coverage always depends on the specific facts and policy terms.

New York real estate E&O — frequently asked questions

Does New York require real estate agents to carry E&O insurance?

No. New York doesn't statutorily mandate E&O for real estate licensees. However, every major franchise, every lender, every title company, and most MLSs require proof of coverage as a condition of doing business. New York Department of State, Division of Licensing Services regulates licensure and discipline; an uninsured claim leaves the licensee personally exposed for defense costs and damages. PBI Group writes New York brokerages through a Palomar-backed program admitted in NY.

Who regulates real estate licensees in New York?

The New York Department of State, Division of Licensing Services regulates licensure, continuing education, agency-disclosure rules, and disciplinary action against real estate professionals in New York. Complaints typically go through a formal investigation process; serious violations trigger fines, suspensions, or license revocation. E&O insurance defends the civil-side exposure (consumer lawsuits, transaction disputes); regulatory fines remain personally owed by the licensee.

What are the most common E&O claims against New York real estate agents?

Across every state, the top E&O claim categories are: (1) failure to disclose material property defects, (2) agency-disclosure failures (especially undisclosed dual agency), (3) misrepresentation of property condition or features, (4) trust-account / escrow mishandling, and (5) contract-execution errors (missed deadlines, miscompleted contingencies). New York-specific exposure depends on the state's disclosure regime, the local plaintiff's bar, and the metros where your firm does business. PBI Group writes a policy form built around the actual claim categories New York brokerages face.

What is the cost for E&O real estate insurance in New York?

A New York brokerage can generally expect E&O real estate insurance to cost about $2,000–$3,000 per $1 million in revenue with no claims on record. Your premium is subject to claims history and other factors, so the exact number depends on your specifics.

We Love Our Clients

What our New York clients are saying

Showing stories from NY

Two years ago, we were looking to make some changes to our real estate E&O policy and we were contacted by PBI Group.

Right from the start Paul was very easy to talk to, always took the time to explain everything we needed to know, and made sure that all questions were answered. The process was very smooth and the communication with Paul has always been great. He's always quick to respond to any call or email and we are very happy with the service that Paul and PBI Group has provided. I would highly recommend PBI Group.
Elaine
Elaine
Century 21 Galloway Realty · NY

PBI Group was more interested in educating me on the E&O insurance coverage for my real estate agency than just selling me a policy.

They are very knowledgeable and I consider them a trusted partner of my New York real estate brokerage.
John
John
RE/MAX Classic Realty · NY

Working with Paul and Rachel at PBI Group for my E&O insurance has been a pleasure! They are so responsive, helpful and kind.

They really know all things E&O insurance for New York and we feel like we are in great hands – they don't skip a beat! Thank you!
Andrea
Andrea
Four Seasons Sotheby's International Realty · NY

Paul Bondy at PBI Group always does what he says and works very hard to get the job done for my real estate E&O insurance.

He is a rare individual who will always follow up to answer my questions as well as on what he promises. Highly recommend PBI Group for your E&O insurance for your real estate agency.
Brian
Brian
BSRG Inc. · NY

My experience with PBI Group for my real estate E&O and Cyber insurance is always a pleasure.

Paul and Rachael are professional, knowledgeable, and very attentive. And, they're very nice people, too.
Dawn
Dawn
CENTURY 21 Kafcos Realty · NY

EXCEPTIONAL! The knowledge, expertise, and professionalism shown were tops. Both Paul Bondy and Eric Mauriello spend ample time educating me on the E&O and

Cyber policy benefits, and coverage limits and ensured I understood what was being covered. They both were terrific
Frank
Frank
Century 21 AA Realty · NY

Paul Bondy and PBI Group do everything right with my New York real estate E&O insurance.

They are easy to reach, respond to questions quickly, are professional, knowledgeable, and dependable. They also keep us informed about any developments (like Cyber Liability) that we need to know about.
Keith
Keith
Coldwell Banker Faith Properties, Inc. · NY

We selected Chris Dittes and PBI Group for our real estate E&O insurance because he is so easy to work with and puts up with all my questions, answers his

phone or calls back right away. PBI Group has been our choice for years based on their fees and their service. Thankfully we have no experience in claims but I'm sure they will be handled with the same courtesy as we have come to know.
Mary
Mary
Century 21 Winklhofer · NY

PBI Group is easy to work with getting me a good price on my E&O insurance for my New York real estate agency.

They always there to answer any questions about real estate E&O insurance.
Mike
Mike
Triple Platinum Realty · NY

You'll be surprised how affordable the best can be.

Let PBI Group get you a quote — no fluff, no pressure, just a fair price for strong coverage.

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