My house sustained damage while in my realtors care...?

Question

I have recently moved out of my home and I have my house listed with a realtor. During the last showing June 22nd, someone (be it the potential buyer or realtor) did not close my downstairs basement door. We have had horrible storms the last couple of weeks and water/moisture has gotten under my hardwoods. Now most of them are pulling up and bending causing damage.

It was 3 weeks after the showing that I was made aware of the situation, as I had someone go to my home to pick up some empty boxes. Mind you, my realtor had been to my property atleast 2 times since the showing and never managed to go downstairs and check things out.

Should he be liable for the repairs? Are there any clauses in realty contracts that state he wouldn't be help liable?

Answer 1

this just happened to a local contractor when the realtor left a window opened and someone came in to steal the copper line sets for the ac. luckily they cut the liquid line first and apparently got drenched in compressor oil and gave up.

it took about an hours time, 6 lbs of refrigerant and viola! 800 bucks that the realtor company forked out. it was their fault as in your story. they would have to be nuts not to feel liable.

Answer 2

homeowners insuranse

Answer 3

the rrealtor is responsible   make him pay or take him to court

Answer 4

If your realtor refuses to pay for this, contact your local Real Estate Commission.  Search for "[your state] Real Estate Commission".

Different states may have different laws regarding your situation.  The Real Estate Commission licenses realtors and should be able to answer this question.

When selling my home, I asked that my realtor be present when potential buyers looked at the home.  My realtor gave my house key to a realtor from a different agency, who handed the key to a buyer and said, "Go look at the house, I' don't need to be there."  The potential buyers stole several things in my home, including medications.  My key never turned up again.  I spoke to the Real Estate Commission, who said I could file a complaint, but it would end up penalizing my original realtor, who was a good friend and who was horrified at what happened.  I had the police visit the realtor at fault and ask for my key, and I understand he was very nervous about the situation.

Selling a home can be a nightmare.  Again, your state Real Estate Commission is the appropriate agency to ask about this.  If you're irked at your realtor, go directly to the Commission.

Answer 5

My bet is that if you go after them in civil court, you will get results. first have your lawyer send a letter of concern.

Answer 6

I can almost assure you that your homeowners insurance will NOT pay for this.  I became something of an expert when my house was flooded from hurricane Ivan in 2004. They wouldn't pay squat for anything related to water damage, the ba****ds.  

If you read your policy, you will no doubt find clauses that state that damage from water, whether rain, wind blown, rising or anything else is not covered.  For that you need flood insurance.  They would probably cover you for burst pipes, but not flooding from outside the house.

I would definitely talk to a real-estate lawyer and go after the Realtor.  If they left the door open, it would be negligence.  Remember that the lockboxes they use today are usually electronic and record it every time the box is opened to get the key for entry.  That way they always know what buyers agents entered the house.

The entry record could be subpoenaed as evidence against them.   That being said... You would have to prove which Realtor left it open, which may or may not be easy, but certainly find out.

You could make a call to your insurer to come inspect and they will let you know, but definitely start looking for an attorney.  This is going to make selling your house really hard and cost you more than just the repairs.

Best of luck...

Answer 7

Well, the question here is did you contract with the realty to manage the property, or just to show/sell it?

I could easily see a realtor take the attitude that their 'job is to show the home, not make sure its locked up at night'

You really should check your contract.  It wouldnt matter what standard clauses the rest of us might have in ours.... what matters is what is in YOURS.

What is written will take priority over what has been said.  So read it carefully.

You might be able to file a claim against the realtor's insurance... just a thought.

In any case, you better start documenting, taking photos, get estimates, etc, in preparation.

Good Luck

Answer 8

Grrrrrrrrrr!

I am in FULL agreement with "Just Dave".