March 6th - 2004

Merv's Column: Watch your step

The buyer signed an offer for a 1.3 acre parcel of undeveloped land.

The buyer signed an offer for a 1.3 acre parcel of undeveloped land.  While waiting for the deal to close the buyer walked the property with her buyer’s agent. As the buyer was walking across the land, which was overgrown with weeds, she fell into an open, unmarked well hidden from view by the underbrush. She sued the owners, the listing agent and her buyer's agent.

Some courts recognize a seller's agent's duty to inspect listed properties and either make them safe or warn any invitees of any dangerous conditions.

This court decided that although buyers' agents are fiduciaries with a duty of full disclosure of all material facts, they do not have a duty regarding unknown conditions of a seller's property.
 

Merv's comments
This decision makes sense as it relates to the responsibilities of a buyer's agent in that the buyer's agent is in no more control of the property than
the buyer is.

Some of my earlier columns have discussed the responsibilities of listing agents - especially those who are in control of the Sellers' property. If you are hosting an "open house" you may be liable for the problems ofdangerous steps, icy conditions and the pit bull in the basement.  Be sure that you have liability insurance and/or have the sellers indemnify you in writing.

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