1. During your open house, a visitor's kid knocks over an expensive item. 2. During your open house, a visitor slips walking down the steps. Who is liable: a guest, an agent, a broker, a seller?

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Inna Ivchenko, Realtor® • GRI • HAFA • PSC • Short Sale • Probate (Barcode Properties)

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Rainmaker
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Sandy Padula & Norm Padula, JD, GRI

HomeSmart Realty West & Florida Realty Investments - , CA

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Too many unclear issues and scenarios leading up to the loss/injury. I suggest you pick up a text on Tort Law and then you will understand; this is how attorneys get rich.

Sep 15, 2015 09:58 PM

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Inna Ivchenko

Encino, CA
Cindy Davis

San Diego, CA
John McCormack, CRS

Albuquerque, NM

Rainer
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Curtis Evans

Cabin Realty LLC/ USA, Licensed in Louisiana - Golden Meadow, LA

Seller, should always have liabilty Insurance !!

Sep 15, 2015 06:36 PM

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Inna Ivchenko

Encino, CA
Sandy Padula & Norm Pa...

, CA
Debbie Gartner

White Plains, NY

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Lise Howe

Keller Williams Capital Properties - Washington, DC

Assoc. Broker in DC, MD, VA and attorney in DC

probably depends on the state laws. I could see where an agent and broker get dragged into any litigation though.

Sep 15, 2015 09:02 PM

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Inna Ivchenko

Encino, CA
Sandy Padula & Norm Pa...

, CA

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Debbie Gartner

The Flooring Girl - White Plains, NY

The Flooring Girl & Blog Stylist -Dynamo Marketers

I think homeowner is responsible for 2nd one (and their insurance should cover if needed). I think the guest is responsible for No 1, but not sure if they are actually liable for it.

Sep 15, 2015 08:40 PM

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Inna Ivchenko

Encino, CA
Sandy Padula & Norm Pa...

, CA

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Sally K. & David L. Hanson

EXP Realty 414-525-0563 - Brookfield, WI

WI Real Estate Agents - Luxury - Divorce

Looks like a 2 part question....get the name of the parents....and a slip should reported to the homeowner...the cause of the slip.....clumsy person...broken stair lot of possibilities.

Sep 15, 2015 06:57 PM

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Inna Ivchenko

Encino, CA
Sandy Padula & Norm Pa...

, CA

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The Woodland Team of Texas

The Woodland Companies - Austin, TX

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Good question.

Feb 09, 2019 11:39 PM

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Bob Crane

Stevens Point, WI

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Bob Crane

Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI

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I suspect that it may depend.

Aug 17, 2018 08:58 PM

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Bob Crane

Stevens Point, WI

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ANTHONY JEANTY

Anthony Real Estate - Miami, FL

I would love to know the answer.. Because my answer may not be the lawyer's answer.. The laws are very tricky...

Sep 18, 2015 07:54 AM

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Inna Ivchenko

Encino, CA

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Captain Wayne - Rowlett Real Estate School

Rowlett Real Estate School - Panama City, FL

Rowlett Real Estate School / Owner and Instructor

Not me. I don't hold open houses.

Sep 16, 2015 12:18 PM

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Inna Ivchenko

Encino, CA

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John Meussner

Catalyst Mortgage - Fair Oaks, CA

#MortgageMadeEasy Fair Oaks, CA 484-680-4852

In a perfect world, if the kid wasn't being crazy and it was an accident that could happen with anyone, it's chalked up as an accident...perhaps the parents volunteer to pay or reimburse the seller as best they can.

For 2, was there a safety issue with the steps? If not, it was probably just an unfortunate accident, no one is at fault.

In the real world? The one who can't afford a great lawyer is probably liable. It's sad that we live in that world.

Sep 16, 2015 03:51 AM

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Inna Ivchenko

Encino, CA

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Eve Alexander

Buyers Broker of Florida - Tampa, FL

Exclusively Representing ONLY Tampa Home Buyers

The bratty kid...the parents should pay,

The visitors fall...that is what homeowners insurance is for.

Eve

Sep 16, 2015 02:57 AM

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Inna Ivchenko

Encino, CA

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Ron and Alexandra Seigel

Napa Consultants - Carpinteria, CA

Luxury Real Estate Branding, Marketing & Strategy

Inna,

I think Sandy Padula and Norm Padula, JD, GRI that I would follow his advice.

Sep 16, 2015 01:42 AM

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Inna Ivchenko

Encino, CA

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Carol Williams

Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA

Retired Agent / Broker / Prop. Mgr, Wenatchee, WA

1. This is a good case for NOT leaving out expensive items during Opens. 2. I would say proving neglience would be the key to this answer. Regardless, anyone can sue anyone at anytime in this country... so be diligent in all things so you can't be proven negligent.

Sep 16, 2015 12:25 AM

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Inna Ivchenko

Encino, CA

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John McCormack, CRS

Albuquerque Homes Realty - Albuquerque, NM

Honesty, Integrity, Results, Experienced. HIRE Me!

I like what Sandy Padula and Norm Padula, JD, GRI had to say. No open houses for me.

Sep 15, 2015 11:43 PM

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Inna Ivchenko

Encino, CA

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Sam Shueh

(408) 425-1601 - San Jose, CA

mba, cdpe, reopro, pe

home owner w agent getting blamed or witness the event not doing anything about it...

Sep 15, 2015 11:06 PM

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Inna Ivchenko

Encino, CA

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Raymond E. Camp

Ontario, NY

I will ask my attorney and Broker as I don't know; hope there is not a call to the insurance agent to become poorer.

Sep 15, 2015 10:44 PM

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Inna Ivchenko

Encino, CA

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Roy Kelley

Retired - Gaithersburg, MD

All of the parties need to be properly insured to protect themselves in legal actions.

Sep 15, 2015 10:14 PM

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Inna Ivchenko

Encino, CA

Rainmaker
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Inna Ivchenko

Barcode Properties - Encino, CA

Realtor® • GRI • HAFA • PSC • Short Sale • Probate

According to the information provided C.A.R. in the course Conducting Open Houses and Developing a Safety Plan, believe it or not, in both cases, the OH agent/sitter and his broker will be liable. Suddenly, I do not want to hold any more open houses.

Sep 16, 2015 06:43 AM

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Too many unclear issues and scenarios leading up to the loss/injury. I suggest you pick up a text on Tort Law and then you will understand; this is how attorneys get rich.
probably depends on the state laws. I could see where an agent and broker get dragged into any litigation though.
I think homeowner is responsible for 2nd one (and their insurance should cover if needed). I think the guest is responsible for No 1, but not sure if they are actually liable for it.
Looks like a 2 part question....get the name of the parents....and a slip should reported to the homeowner...the cause of the slip.....clumsy person...broken stair lot of possibilities.
I would love to know the answer.. Because my answer may not be the lawyer's answer.. The laws are very tricky...
In a perfect world, if the kid wasn't being crazy and it was an accident that could happen with anyone, it's chalked up as an accident...perhaps the parents volunteer to pay or reimburse the seller as best they can.

For 2, was there a safety issue with the steps? If not, it was probably just an unfortunate accident, no one is at fault.

In the real world? The one who can't afford a great lawyer is probably liable. It's sad that we live in that world.
The bratty kid...the parents should pay,

The visitors fall...that is what homeowners insurance is for.

Eve
Inna,

I think Sandy Padula and Norm Padula, JD, GRI that I would follow his advice.
1. This is a good case for NOT leaving out expensive items during Opens. 2. I would say proving neglience would be the key to this answer. Regardless, anyone can sue anyone at anytime in this country... so be diligent in all things so you can't be proven negligent.
I like what Sandy Padula and Norm Padula, JD, GRI had to say. No open houses for me.
home owner w agent getting blamed or witness the event not doing anything about it...
I will ask my attorney and Broker as I don't know; hope there is not a call to the insurance agent to become poorer.
All of the parties need to be properly insured to protect themselves in legal actions.
According to the information provided C.A.R. in the course Conducting Open Houses and Developing a Safety Plan, believe it or not, in both cases, the OH agent/sitter and his broker will be liable. Suddenly, I do not want to hold any more open houses.