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Can a Real Estate Agent be Liable for Personal Injury at an Open House?
Hosting an open house for potential home buyers is common practice, but it comes with inherent risks. The main issue is that you’re dealing with the public and have no way of knowing who will show up at the open house. Some visitors might not be qualified buyers and others might be there with sinister intentions. Then, there’s the risk of personal injury.
You don’t hear about it on the news much, but prospective buyers are often injured during open houses. When this happens, it’s not always clear who is responsible. The homeowner? The real estate agent? The prospective buyer?
According to Ankin Law Office, if you look at various court cases to figure out who is responsible for injuries sustained by prospective home buyers during an open house, you’ll find conflicting rulings. However, the individual circumstances surrounding each case help explain the diverse rulings.
Rulings have been diverse because listing agents aren’t negligent in every situation. To hold a listing agent responsible, a victim must demonstrate negligence and prove that the listing agent’s negligence led to their injury. Demonstrating negligence is easy in some situations, but not so much in others.
Hart v. Century 21 did not hold the listing agent responsible for injuries
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