As a reminder, an exclusion on coverage is included in the Trisura Real Estate Agents Professional Liability Insurance Program policy that impacts those who act in the capacity of real estate professional and power of attorney; this is documented as:

Exclusion 18 of the Trisura Real Estate Agents Professional Liability Insurance Program policy states:

• This Policy does not apply to any Claim: …
• (18) based upon, arising out of, or attributable to any Professional Services provided by the Insured to a third party for whom the Insured has power of attorney.

Accordingly, real estate professionals will not be covered for their professional services where they also act as a power of attorney to their client.

This exclusion aims to ensure that there is a clear distinction between the professional providing the real estate advice and services, and the client making decisions based on that advice.

To better ensure there is coverage for the professional services provided to clients subject to a power of attorney, real estate professionals holding a power of attorney are recommended to engage a separate real estate professional to provide those services

The Real Estate Insurance Alliance of Canada Inc.

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