What a strange situation.
I rreceived late night call from the seller of one of my listings. The home is a VACANT. The seller (also a builder) built the home as an investment and lives in a home just a few doors down. The seller left a message and was absolutely LIVID. He went to check on the home several hours after it had been shown only to find that the entire first floor was FLOODED. How? Well the refrigerator/ice maker water spigot was turned on. There is no refrigerator in the home. The owner says he observed the showing agent showing up with a prospective buyer who had two small kids and two teenagers with her.
After checking the Supra lock box showing history I confirmed that only ONE agent had shown the home that day (or for that entire week). I called the agent and explained the situation and she swears that she walked back through the kitchen before leaving and NO water was running anywhere.
Of course my client (the seller) believes the other agent is liable. Our corporate attorney says the seller has no evidence so he has no case - pure speculation. My broker says it is the seller's responsibility and there is nothing we can do about it. And of course the listing agreement indemnifies me of any liability.
So the seller is feeling really bummed because the incident cost him almost $6,000 in damage. I feel really bad but there is really nothing we as agents can do to prevent this from happening. Ive sold hundreds of listings and never had this happen - so I was still a bit shocked that the seller got stuck with the tab.
Bottom line: a buyer can severely damage a home during a showing, and unless there is proofthat the buyer did the damage, the seller is left holding the bag. I guess that's the risk the sellers take when listing their home on the MLS.
My solution? I told the seller to file an insurance claim and pay the $1,000 deductible. I will then rebate him the amount of the deductible from my commission when I sell the home. I know I don't have to do that and I am not culpable, but this is super nice guy and I hate to see him get shafted.
Anyone had this happen? Any advice?
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