A colleague of mine told our office a horrifying story yesterday. She brought a buyer to a home for a second look, paperwork in tow, as they were going to submit an offer on the spot. One of the home buyers went into the attic while his agent, the listing agent, and the rest of the party were in the kitchen area. Then CRASH! The guy in the attic fell through the garage ceiling and injured himself badly.

As the weeks followed, my colleague visited and checked in on her client as he healed. I think he spent something like 13 weeks in the hospital. Anyway, following the recovery, the homeowner, the listing agent, the buyers' agent, and both brokers were sued over the incident.  When the dust settled, all but the homeowner were dismissed from the suit, but my colleague has a $6000 legal bill sitting on her desk that E&O doesn't cover. We've yet to find any insurance coverage for an event like this, even a personal umbrella policy. If anyone knows a company specifically that may cover something like this, we'd love to know!

<!-- AddThis Button BEGIN -->

<!-- AddThis Button END -->
 
This post has been included in Louisiana Information
Post is included in group: The Lounge at Active Rain
Post is included in group: RE/MAX REAL ESTATE NETWORK
Post is included in group: RE/MAX Active Rain Bloggers
Post is included in group: Louisiana Real Estate

8 Comments on She Got Sued For WHAT???

OCT
10

I have to agree and emphasis with your Title, so does this mean we now have to get waivers signed before allowing a client to thoroughly look at a property?

9:29am • #2

You know, I often take buyers into buildings under construction and wondered if my client ever got hurt, of course they would sue the property owner, but would they also try to sue me?  I'm checking into that umbrella policy Pat mentioned.  Thanks for this post.

12:23pm • #3
1 Featured Post Outside Blog

why would the homeowners policy not cover everything... We just got a letter for demand of payment.. they addressed it to my company... for a 12 plex we property manage... I called the Attorney General... and asked him how someone who doesn't live there slips and falls on ice in Alaska in the winter..(drinking) in the parking lot.... and they want me or my landowner to pay... they didn't want to talk about it... and it is 591.00 so the landowner will pay... but it is a crock if you ask me...

1:00pm • #4
179,355 Points

Wow.  An interesting but believable story.  I would not even know how to advise.  I tell all home buyers no attic trips - those are for inspectors that are bonded and insured.

7:25pm • #5
1 Featured Post Outside Blog

Troy, I like Ellen's response, "no attic trips".  I let a client of a colleague into an attic and his foot went throug the garage ceiling.  He didn't get hurt and he ended up buying the house...no one got sued but, it could have turned out much worse.  I too would like the answer to this. 

11:53pm • #6
OCT
11

Pat, the agent had a personal umbrella policy but it wouldn't cover these legal fees, and of course not everyone can get the benefits USAA offers. I hope we all find something, though!

Tony and Mercedes, the agent that got sues is looking into a hold harmless for situations like this. I don't know how much good "hold harmless" agreements do, but  maybe it would've made the difference in not going on so long and adding up those legal bills.

Debra, fortunately the courts agreed with you partly, and the agents were not found liable. But the homeowners' insurance nor any insurance we have yet looked at covers legal fees for those who aren't at fault, especially when no legal contract was involved (the incident occurred before the house went under contract). She could sue the potential buyer who sued her, but her lawyers have told her that it's not "worth it".

Ellen and Nick, I feel like the attic location was kind of incidental. The potential buyer could've fallen in the pool, cracked his head on the front walk, burned himself on a stove, or choked on the food provided at an open house. I guess my bigger question is: how do we protect ourselves from the legal fees of frivolous lawsuits if our E&O and even our personal umbrella policies will not help?? Scary stuff!

Thanks for all the comments, ya'll!

11:32am • #7
OCT
15

Wow. What an awful situation. I'm glad she was not held liable. I have too many thoughts on this subject- I'm not even going to start. I'll pray that your colleague has some unexpected smooth transactions fall into her lap to help her get past this emotional and financial setback.

Thanks for bringing this to everyone's attention. Please keep us posted.

1:47pm • #8

Leave a response…



(optional)
What does the graphic say?
 
Troy1 Rainmaker_large

Troy Jowers, New Orleans Realtor

New Orleans, LA

More about me…

RE/MAX Real Estate Partners, Inc.

Address: 4141 Veterans Blvd., Suite 100, New Orleans, LA, 70130

Office Phone: (504) 457-2653

Cell Phone: (504) 655-5394

Email Me



Links

Archives

RSS 2.0 Feed for this blog

Find LA real estate agents and New Orleans real estate on ActiveRain.