Home-sale professionals trying to avoid greater legal risks.(Knight Ridder Newspapers)

Byline: Alan J. Heavens

In a litigious society, conventional wisdom suggests that you pass the buck as often as possible to avoid being sued. In real estate, that's referred to as "risk management."

"Risks for real estate agents and brokers can be reduced greatly if we can shift them to someone else," said Marcie Roggow, a Realtor and president of Creative Learning Concepts in Sioux Falls, Iowa.

For example, she said, home inspectors "realize that we have shifted the risk to them, so we are now trying to shift the risk to someone else. You'll see inspection reports that state, `There is no way in two hours that we can tell you if you have mold. If you want to have the house tested for mold, hire someone.' "

J.C. Melvin, a real estate trainer and facilitator from Las Vegas, also is an advocate of risk management for real estate professionals.

According to Melvin, the smart agent _ at least one who is not going to end up testifying in court _ is the one who says, "I don't know."

But just pleading ignorance is not enough, Melvin said, because "I don't know" has to be followed by, "If you have concerns, I would suggest that you hire a professional."