Jeff Pearl, Full Service Full Time Realtor (RE/MAX Distinctive / LIC in VA)

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Rainmaker
887,783
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

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.

 

Feb 26, 2016 01:13 AM
Rainmaker
1,514,305
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

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. 

Feb 26, 2016 04:34 PM
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Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Jeff Pearl - I think listing agent should definitely take care of that (as I read the article,...)

Feb 26, 2016 03:46 PM
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Patricia Kennedy
RLAH Real Estate - Washington, DC
Home in the Capital

Considering out brokerages are often the deepest pockets in the deal, so yeah, it's a great idea to deal with trip hazards.

Feb 26, 2016 01:52 PM
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Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

the legal system is so broken in our country

Feb 26, 2016 01:10 PM
Rainmaker
864,358
Les & Sarah Oswald
Realty One Group - Eastvale, CA
Broker, Realtor and Investor

Yes. If it is visible, I believe we have a responsibility to remove it or at least cover it up.

Feb 26, 2016 12:17 PM
Rainmaker
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William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Identifying them yes, and removing them, depends on the type of property

Feb 26, 2016 11:21 AM
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Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

If I see something that is a problem I bring it up and want it corrected for the seller's sake and mine too. 

Feb 26, 2016 09:46 AM
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Bob Crane
Woodland Management Service / Woodland Real Estate, EXP - Stevens Point, WI
Forestland Experts! 715-204-9671

NO!

We do need to put a stop to this litigious part of our society.

Feb 26, 2016 08:55 AM
Rainmaker
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Sybil Campbell
Fernandina Beach, FL
Referral Agent Amelia Island Florida

It is a good idea to check this but I wouldn't say it is our responsibility.

Feb 26, 2016 08:19 AM
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Paul S. Henderson, REALTOR®, CRS
Fathom Realty Washington LLC - Tacoma, WA
South Puget Sound Washington Agent/Broker!

That is the home owners obligation

Feb 26, 2016 05:29 AM
Rainmaker
597,169
David Gibson CNE, 719-304-4684 ~ Colorado Springs Relocation
Colorado Real Estate Advisers LLC - Colorado Springs, CO
Relocation, Luxury & Lifestyle residential

Jeff,
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. 

Feb 26, 2016 05:20 AM
Rainer
313,688
Caroline Gerardo
Sun West Mortgage Corporation - Newport Beach, CA
C. G. Barbeau the Loan Lady nmls 324982

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- 

http://realtytimes.com/agentnews/agentadvice1/item/241-20130528_dutyofcare

Feb 26, 2016 05:16 AM
Rainmaker
1,855,905
Kat Palmiotti
406-270-3667, kat@thehousekat.com, Broker, eXp Realty - Kalispell, MT
Helping your Montana dreams take root

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.

Feb 26, 2016 04:04 AM
Rainmaker
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Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Jeff Pearl Interesting that this went to court. An example of our litigious society???

Feb 26, 2016 03:27 AM
Rainmaker
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Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

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).

Feb 26, 2016 02:53 AM
Rainmaker
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Joan Dickie
Keller Williams Premier Realty - La Crosse, WI
Keller Williams Premier Realty

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.

Feb 26, 2016 02:42 AM
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Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

We should point out concerns to the sellers but it is not our job to remove or modify them

Feb 26, 2016 01:49 AM
Rainmaker
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Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

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.

Feb 26, 2016 01:45 AM
Ambassador
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Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

Identifying ... yes.  Removing ... no.  Sellers need to take ownership on the home environment.

Feb 26, 2016 01:22 AM
Rainmaker
846,130
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

#1- H Kathleen, I agree. Owners and tenants need to keep premises safe.

#2- Hi Roger, It sure is.

#3- Hi Candice, Little things can sure turn into big messes. Thanks.

Feb 26, 2016 01:36 AM