Subscribe to Answers
If it's a vacant - YES. Why poke that bear?
If occupied, the SELLER needs to do that!
Tenant occupied. Ai yi yi!
What a damn mess that case is. And the agent can't remember? Oh boy.
I have a listing RIGHT NOW that is an estate sale and has a couple of places where someone could fall. I send a WRITTEN admonition to the AGENTS to keep their clients AWAY from those places. I also have signs posted in the property. PITA, but we are making sure no one can say they did not know.
La Crosse, WI
No, yet, i would disclosure in mls in details if there are any. I had something like that, the seller requested me to be present for all showings to make sure no one trips and decide to sue him.
Jeff Pearl - I think listing agent should definitely take care of that (as I read the article,...)
Considering out brokerages are often the deepest pockets in the deal, so yeah, it's a great idea to deal with trip hazards.
the legal system is so broken in our country
Yes. If it is visible, I believe we have a responsibility to remove it or at least cover it up.
Identifying them yes, and removing them, depends on the type of property
If I see something that is a problem I bring it up and want it corrected for the seller's sake and mine too.
We do need to put a stop to this litigious part of our society.
It is a good idea to check this but I wouldn't say it is our responsibility.
That is the home owners obligation
Interesting case. If it is a vacant listing I feel an extra responsibility to keep things safe and secure. If it is owner occupied, I will talk to the owner but not take action unless it would be to suspend the listing until something were fixed.
Another different case in California-- attic had a hatch where a drop down ladder hit someone on the head. Listing agent was held responsible for not fixing the ladder because it was in an inspection.
I'm not sure that was right. Listing agent would have to pay to correct the problem-
A lawsuit over a curtain string that may or may not been the cause of a lady falling down the stairs. Ugh.
I don't think an agent should be REQUIRED to do anything, but I think all of us as people need to be responsible for removing hazards if we see them anywhere. The lady who tripped should have been watching where she was going, and if there WAS something in the way, the lady and/or the agent should have made an effort to move it.
If I saw something that was a tripping hazard, I'd fix it myself if I could, or tell the owner to fix it and leave a big note and put the issue in the agent remarks on MLS. Cover ze buttsky.
Jeff Pearl Interesting that this went to court. An example of our litigious society???
No. We are not experts in bio-mechanics. Once you start opening yourself up to that, where does it stop? Do we next have to look for hazards that might induce an epileptic seizure? Make sure all homes are ADA compliant?
We shouldn't be any more involved than "Watch your step" when showing and covering this as a part of "making one's home ready for showing." We should advise, but we should not be the responsible parties (afterall, we don't OWN the house).
Without reading the case summaries, I would think the homeowners would be responsible, UNLESS, the agent knows of the hazard and doesn't warn or mitigate the tripping hazard.
We should point out concerns to the sellers but it is not our job to remove or modify them
If an agent can, they should.
If an agent can not, they must mark the hazard.
If hazard can not be marked, the agent should do what the home owner hired them to do, be present and keep folks away from the hazard.
Identifying ... yes. Removing ... no. Sellers need to take ownership on the home environment.