Managers identify legal battles as hot button issue.

Premises liability, debt collection and frivolous suits are among the hot button issues that worry the nation's real estate managers.

The fndings came from a new two-part survey of current and emerging legal liability issues impacting real estate managers have been released jointly by the Institute of Real Estate Management (IREM[R]) and the National Association of Realtors[R] (NAR[R]).

While the survey sample oflREM leaders was too small to be statistically significant, it does identify areas of current concern that may warrant further study.

The most significant current legal problems identified by the 80 IREM leaders surveyed are those relating to the day-to-day business of managing properties. Premises liability issues--from slip-and-fall accidents to crimes on the property--all were deemed significant.

In fact, a majority of respondents, (57%) ranked slips and falls as the single leading cause of current disputes, with more than six in 10 (63%) ranking such accidents among the top three management issues they and their colleagues face. Debt collection also triggers many disputes right now, according to the respondents, with 48% of them ranking it the Number One cause of disputes and 53% including it among the top three management issues.

Yet another significant problem area today is frivolous litigation, perceived as the single leading cause of disputes by 48% of respondents and among the top three management issues by 63%. Viewed as less significant, but still sources of concern to the respondents, are issues involving fair housing and age discrimination.

When asked to predict which problems would become more significant over the short term--the next two years--survey respondents again cited premises liability issues, debt collection and frivolous lawsuits.

Two employment issues--age discrimination and wrongful termination--also are seen to be increasing in importance.

By comparison, when the respondents were asked to extend their predictions over a longer time line, employment discrimination based on race, national origin and sexual orientation discrimination all were highly ranked, with several including fair housing issues in the mix.

Explaining the rationale for the survey, IREM President Robert Toothaker, CPM[R], stated: "A while back, IREM members identified 'risk management' as one of the four strategic issues affecting today's real estate management industry (the other three issues cited were technology, workforce development and business competition).

"We undertook the survey in partnership with NAR to help our members and industry colleagues better address risk management challenges in their business practices, thereby enhancing their performance on behalf of the owners and investors and other constituents they serve."