1,101,539
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.
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Joan Dickie
La Crosse, WI
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Jeff Pearl
Lovettsville, VA
1,650,742
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.
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Jeff Pearl
Lovettsville, VA
4,322,035
Jeff Pearl - I think listing agent should definitely take care of that (as I read the article,...)
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Jeff Pearl
Lovettsville, VA
3,763,935
Considering out brokerages are often the deepest pockets in the deal, so yeah, it's a great idea to deal with trip hazards.
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Jeff Pearl
Lovettsville, VA
3,213,829
the legal system is so broken in our country
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Jeff Pearl
Lovettsville, VA
864,758
Yes. If it is visible, I believe we have a responsibility to remove it or at least cover it up.
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Jeff Pearl
Lovettsville, VA
3,986,473
Identifying them yes, and removing them, depends on the type of property
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Jeff Pearl
Lovettsville, VA
3,988,138
If I see something that is a problem I bring it up and want it corrected for the seller's sake and mine too.
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Jeff Pearl
Lovettsville, VA
6,691,416
NO!
We do need to put a stop to this litigious part of our society.
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Jeff Pearl
Lovettsville, VA
1,525,616
It is a good idea to check this but I wouldn't say it is our responsibility.
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Jeff Pearl
Lovettsville, VA
4,273,331
617,985
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.
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Jeff Pearl
Lovettsville, VA
424,263
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
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Jeff Pearl
Lovettsville, VA
2,577,229
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.
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Jeff Pearl
Lovettsville, VA
1,466,257
Jeff Pearl Interesting that this went to court. An example of our litigious society???
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Jeff Pearl
Lovettsville, VA
1,539,044
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).
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Jeff Pearl
Lovettsville, VA
140,768
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.
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Jeff Pearl
Lovettsville, VA
5,168,569
We should point out concerns to the sellers but it is not our job to remove or modify them
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Jeff Pearl
Lovettsville, VA
921,504
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.
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Jeff Pearl
Lovettsville, VA
3,430,917
Identifying ... yes. Removing ... no. Sellers need to take ownership on the home environment.
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Jeff Pearl
Lovettsville, VA
933,368
#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.