In Massachusetts, property owners have a responsibility to use “reasonable care” to protect visitors.
When reviewing listing agreements with seller clients, it’s important to talk about the seller’s role in preparing the property for marketing in a way that reduces the chance of injury, damage, or loss.
Owners owe reasonable care to anyone lawfully on the premises, such as guests, buyers, and inspectors, and must take sensible steps to prevent harm, considering factors like the likelihood and seriousness of potential injuries, as well as the effort needed to avoid them. This duty can include warning visitors of dangers the owner knows or should know about, though there’s no obligation to warn about hazards that are open and obvious.
Winter snow and ice removal is a key safety responsibility, as neglecting it can lead to liability for injuries. REALTORS® should encourage clients to handle or hire insured help for snow removal, but should avoid doing it themselves to prevent liability. Additionally, the Sanitary Code requires owners to keep all exits and pathways clear.
To see if your town has an ordinance or bylaw regarding snow and ice removal, please look at the Massachusetts city and town ordinances and by-laws.
For a more detailed explanation, here’s a presentation from the Massachusetts Association of Realtors that highlights the key factors in the responsibilities of owners, landlords, and REALTORS.
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