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TEXAS

Real Estate E&O Insurance in Texas.

Texas doesn't require every agent to carry E&O — but most brokerage firms do have to, and the Texas market enforces the rest. Flood disclosure after Hurricane Harvey, mineral-rights questions across the Permian Basin and Eagle Ford, and the country's highest transaction volume all raise the stakes. PBI Group writes Texas E&O built for the state's real exposures, backed by a policy form that keeps defending you when a claim hits.

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Types of Real Estate Insurance in Texas

There are 3 main types of insurance for real estate:

Although errors and omissions insurance is not mandated by Texas, 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 Texas an obvious choice.

Claims

What drives E&O claims in Texas

Most Texas E&O claims trace back to failure to disclose or misrepresent a material fact — flood and floodplain history, foundation and structural issues, utility and water service, mineral-rights questions — and many arrive as a Texas Deceptive Trade Practices Act (DTPA) demand that pairs a negligence theory with the threat of treble damages. The legal defense is usually the biggest cost even when the agent did nothing wrong, and two policies at the same limit and price can respond in opposite ways. Here is what that looks like in a real Texas claim.

Real TX claims, and how the form responded:

Failure to disclose (utility service) — DTPA

The house with no water meter

Somerset, TX

A listing brokerage sold a $280,000 Somerset home on a standard Texas resale contract. After closing, the buyers found the house had no metered water service of its own — the only meter served the property next door, and water to the house was disconnected. Their attorney sent a Texas Deceptive Trade Practices Act (DTPA) notice alleging failure to disclose and 'knew or should have known' conduct, demanding $17,500 (a separate meter, service restoration, trash/RV removal, loss of use) plus mental anguish and fees, and reserving treble damages. Resolved with no indemnity payment.

On a standard form

A DTPA notice routinely alleges misrepresentation and unconscionable conduct — language that sounds intentional and, on a weaker form, can be used to contest the defense on the pleadings.

On the PBI Group form

Disclosing a material fact like whether a house even has its own water meter is core Real Estate Professional Services; the DTPA's 'knew or should have known' framing is a negligence theory at its core, defended throughout (the dishonesty exclusion bites only on final adjudication). Defense costs are paid on top of the limit. Crucially, the form defines covered Damages to exclude the multiplied portion of a DTPA award — the compensatory layer is covered; the treble increment is carved out.

The insight

Verify and disclose the basics — water, sewer, utility service — against the actual records for that specific parcel, not assumptions. And know the line in advance: a good form defends the DTPA negligence theory but carves out the multiplied damages the statute threatens.

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

Texas real estate E&O — frequently asked questions

Is E&O insurance required in Texas?

For most brokerage firms, yes — if the designated broker owns less than 10% of the business, TREC requires the firm to carry at least $1 million in E&O, with proof at renewal. Individual agents and sole proprietors aren't required to, but franchise and lender requirements make it effectively necessary.

Does the Texas recovery fund work like E&O insurance?

No. The recovery fund reimburses consumers a small amount (after a final judgment, for licensee-violation claims only) — it doesn't pay your legal defense or cover non-licensed claims. E&O is what actually funds your defense when you're sued.

What are the most common E&O claims in Texas?

Misrepresentation, disclosure failures (condition, property taxes, and post-Harvey flood history), mineral-rights questions, agency/intermediary disputes, and roof/hail-damage condition issues. Defense costs are usually the largest expense, even when the agent did nothing wrong.

Does an 'as-is' clause protect the seller and agent in Texas?

Only against problems nobody knew about. An 'as-is' clause doesn't waive liability for a defect that was known and not disclosed — those still become claims, often pleaded as fraud. A well-written E&O form keeps defending the negligence side of that kind of claim.

What policy limits should a Texas brokerage carry?

At least the $1 million firm requirement as a baseline, with defense costs paid outside the limit so a long mineral-rights or flood case can't exhaust your coverage before it settles. Commercial, high-volume, or high-exposure firms should carry more — we'll size it with you.

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

In Texas, expect E&O real estate insurance to land in the range of $2,000–$3,000 per $1 million in revenue for a clean, claims-free firm. Final pricing is subject to claims history and other factors — tell us your revenue and we'll price it.

We Love Our Clients

What our Texas clients are saying

Showing stories from TX

It is always a pleasure to work with PBI Group to obtain my real estate E&O insurance for my Texas agency. Mr.

Paul Bondy is very knowledgeable about the products and our company, assists me every time I call, and prompt in handling any and all issues. He, along with PBI Group, makes my job much easier.
Belinda
Belinda
Century 21 Northside · TX

I've had E&O coverage for my multi-office Texas real estate company with the same insurance provider for the past 8 years.

Insurance is one of those services you really don't shop around and compare as long as your premium stays about the same as the year before. I am glad I did because PBI Group saved me thousands of dollars with better coverage than I was getting from my previous insurance provider. And they do this with great personal service.
Craig
Craig
CENTURY 21 First Group · TX

Chris Dittes takes great care of us every year and also throughout the year. Chris always answers my calls on the first try.

I depend on his knowledge of real estate E&O insurance to guide us through any issues or problems. In over 30 years in the business, I would say he is one of the best in his field.
David
David
Better Homes and Gardens Real Estate Winans · TX

Considering using PBI Group? As a client of Paul Bondy for several years, the first thing I would tell you is that Paul does what he says he will do.

He has worked diligently to provide me with the kind of E&O that I want. He also takes the time to discuss what various policies provide, and to explain the clauses and what they mean to my company and my agents. I think his service goes above and beyond the service I have received from many of the other E&O providers I have used during my 34 year real estate career. I can enthusiastically recommend Paul Bondy
Jeannette
Jeannette
Coldwell Banker United Realty Professionals · TX

As Office Manager, it is my duty to sort out all things insurance for our Texas office.

Paul Bondy with PBI Group is always available to answer my questions and review our E&O insurance coverage needs. He has even done so late on a Saturday evening. Working in Real Estate I appreciate that someone else is keeping the same hours I do. This year when our Cooperate offices rolled out another insurance partner we could go through I asked Paul about it. Paul gave me all the information he could find and then said, hey ask them to quote you a policy and then I will walk through it with you to make sure the coverage is what you need. I appreciate his integrity and the way he focuses on the needs of our office.
Jenny
Jenny
ERA Myers & Myers Realty · TX

Paul and his team at PBI Group have been so amazing to work with! Their response time, attention to detail, customer care, and fair pricing are why we choose

to do business with the PBI Group for our E&O Insurance. I wish we had gotten into business with them sooner as we would have been saving money sooner.
Lindsay
Lindsay
Keller Williams Central · TX

As a Broker/Owner, it is important to protect our brokerage and my Agents with quality E&O Insurance that actually covers our brokerage if something were to

happen. Paul Bondy has been instrumental in assessing our needs and tailoring E&O Insurance to protect our real estate business. I have used Paul since 2008 through owning 2 Real Estate Brokerages and his service and knowledge has been beyond compare. I am a firm believer in you get what you pay for and PBI Group has exceeded our expectations in every way. I highly recommend using Paul Bondy if you need insurance to protect your Brokerage.
Mark
Mark
Snipp Realty Group · TX

Our real estate firm has been working with Paul PBI Group on our real estate E&O insurance needs for many years.

He has been in the E&O insurance business for a long time and is very knowledgeable, unlike most agents in "all lines" insurance agencies. He is quick to respond to my calls/emails, and we feel the price is fair for our coverage. Highly recommend PBI Group for your real estate E&O insurance!
Sherrie
Sherrie
Landmasters Real Estate · TX

Paul has represented us for many years, and we have been extremely happy with his personal attention to our needs.

His prices are very competitive, and hope we can continue to use Paul for our E&O carrier for years to come. Hope everyone will give Paul a chance to work with you for your E&O coverage. We've been in business since 1972, and Paul has taken care of us and has done a really great job.
Don
Don
CENTURY 21 Life Changers, Inc. · TX

”We have had our E&O insurance with PBI for many years. In the beginning we would get other quotes to compare but PBI always came up with the best deal.

After a couple of years we quit getting other bids because PBI was always better.”
Michael
Michael
Century 21 Bryan Realty · TX

We have used Paul & PBI Group for our E&O Insurance for several years. He answers his phone or gets right back to you when called.

This is so important when we have an E&O or Cyber situation we are unsure of and need a quick response. We also appreciate him talking with our agents concerning the problems that can result in an E&O claim claim. Highly recommend them for E&O insurance real estate brokerages.
Barbara
Barbara
Bridgecrest Properties, Inc. · TX

What a great company to work with. I have trusted Paul Bondy and The PBI Group for many years.

BJ
BJ
Texas Realty Suites · TX

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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