Insurance for Real Estate Agents and Brokerages in Washington and Idaho

Idaho requires every active real estate licensee to carry errors and omissions insurance, at least $100,000 per occurrence and $300,000 aggregate for individuals. Washington has no E&O mandate, but its brokers owe non-waivable duties of reasonable skill and care and disclosure of known material facts to all parties, which is where most claims start. Brokerages also need cyber coverage for closing wire fraud.

By Trella Commercial · Updated October 5, 2026

The short version

  • Idaho mandates E&O. Idaho Code 54-2013 requires active licensees to carry errors and omissions insurance; the Idaho Real Estate Commission's rules set minimums of $100,000 per occurrence and $300,000 aggregate for individuals and $500,000 and $1 million for firms, not including defense costs.
  • Washington does not, but the duties are strict. We found no E&O requirement for Washington licensees, while RCW 18.86.030 imposes duties to all parties that cannot be waived, including reasonable skill and care and disclosing known material facts.
  • Most claims are about disclosure. Undisclosed defects, square footage, boundaries, and representations in listings are the classic E&O claims.
  • Wire fraud is now a brokerage risk. A hacked agent email can send a buyer's down payment to a criminal. That calls for cyber coverage with social engineering and liability, not just E&O. See real estate closing wire fraud.
  • Check whose policy covers whom. Agents are often independent contractors; confirm whether the brokerage policy covers each agent and their side activities.

Licensing and insurance rules

WashingtonIdaho
LicenseRequired to act as a real estate broker, managing broker, or firm (RCW 18.85.331)Required to act as a real estate broker or salesperson (Idaho Code 54-2002)
Mandatory E&ONone foundRequired for active licensees (Idaho Code 54-2013)
E&O minimumsNot applicableIndividual: $100,000 per occurrence, $300,000 aggregate. Firm: $500,000 and $1 million. Defense costs not included; deductible no more than $3,500 (IDAPA 24.37.01)
Group policy optionNot applicableLicensees may use the Commission's group policy or buy independent coverage that meets the minimums
Trust fundsFunds a licensee controls in a transaction are trust funds, kept separate (RCW 18.85.285)Entrusted money goes into a trust account by the next banking day (Idaho Code 54-2041, 54-2045)

Washington broker duties that drive claims

RCW 18.86.030 lists duties a broker owes to the principal and to all parties in a transaction, which may not be waived. Among them:

DutyClaim it can lead to
Exercise reasonable skill and careNegligence in pricing, paperwork, deadlines, or advice
Deal honestly and in good faithMisrepresentation and fraud allegations
Present all written offers and communications in a timely mannerLost-deal claims
Disclose all existing material facts known to the broker and not readily ascertainable to a partyUndisclosed defects, a frequent source of E&O claims
Account in a timely manner for all money and property receivedEarnest money and trust disputes

The statute does not impose a duty to investigate matters the broker has not agreed to investigate, which makes clear listing language and written disclaimers important.

What a real estate E&O policy should include

FeatureWhy
Limits above the minimumIdaho's $100,000 per occurrence is a floor; defense costs alone can approach it
Defense outside the limit, where availableIdaho's minimums do not include defense costs; check what your policy does
Fair housing and discrimination coverageOften limited or excluded; claims can be costly
Property management activitiesIf you manage rentals, confirm they are covered (see property managers)
Lockbox, showing, and open house incidentsSome policies add coverage for items missing after showings
Cyber and social engineeringWire fraud and client data, usually excluded from E&O
Prior acts and tailClaims arrive after closing; keep coverage continuous and buy a tail when you retire

The coverage program for a brokerage

CoverageWhy
Professional liability (E&O)Disclosure, negligence, and fiduciary claims
Cyber with social engineering and liabilityHacked agent email, closing wire fraud, client data; see wire fraud coverage
General liability or a business owners policyThe office, events, and open houses
Employment practices liabilityClaims from staff and, depending on the form, agents
Commercial umbrellaSerious injury claims
Hired and non-owned autoAgents driving clients in their own cars

Where agents and brokerages get caught

GapWhat happens
Wire fraud with E&O onlyMost E&O policies exclude or limit cyber and fraud claims
Agents assumed to be coveredIndependent contractor agents may need their own coverage, or the brokerage policy must name them
Side activitiesProperty management, development, or investing outside the brokerage may not be covered
Driving clientsPersonal auto policies may limit business use; hired and non-owned auto protects the brokerage
Idaho minimum only$100,000 per occurrence, with defense costs on top, can be exhausted by one dispute

Common questions

Do real estate agents need E&O insurance in Washington?

We found no Washington law requiring real estate licensees to carry errors and omissions insurance. Most brokerages carry it, and many require their agents to be covered, because Washington brokers owe non-waivable duties to all parties under RCW 18.86.030.

What are Idaho's E&O requirements for real estate agents?

Idaho Code 54-2013 requires active licensees to carry errors and omissions insurance. The Idaho Real Estate Commission's rules set minimums of $100,000 per occurrence and $300,000 annual aggregate for individuals and $500,000 and $1 million for firms, not including defense costs, with a deductible of no more than $3,500.

Does E&O insurance cover wire fraud in a closing?

Usually not, or only in a limited way. Real estate E&O focuses on professional negligence and disclosure. Wire fraud from a hacked agent email calls for cyber coverage with social engineering and liability parts.

What is the most common claim against real estate agents?

Claims over disclosure, such as an undisclosed defect, inaccurate square footage, or misrepresentations in a listing, are among the most common. Washington brokers must disclose material facts they know that are not readily ascertainable to a party.

Does the brokerage's policy cover individual agents?

It depends on the policy. Many brokerage E&O policies cover affiliated agents for brokerage activities, but not side businesses. Confirm in writing who is covered and for what.

Sources

This page is general information, not legal advice. Rules were checked against the statutes and rules in October 2026; confirm current requirements with the Department of Licensing or the Idaho Real Estate Commission.

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