So who's reponsible if something gets broken/stolen while my house is been shown by agent? (properties, legal)

[willdufauve]

I posted this on another thread 2 months ago. Excuse me if I'm being redundant.

When I sold my previous house four years ago I was present for all the showings because I work at home. A couple came with a realtor and brought their young daughter, about 6 years old, with a very obviously wet bottom.

I noticed 10 minutes later the realtor had gone upstairs with the parents and left the child sitting on my $2,500 Matthew-Gold leather chair. There was a foot in diameter wet spot on the chair cushion.

Usually, when we're NOT in the process of selling, we're not very careful about leaving credit cards, cash, jewelry around the house. When my wife comes home from work, she has a habit of taking off her jewelry and leaveing it wherever. Why not? It's where we live.

A couple days after a showing she remembered absentmindedly leaving a gold bangle bracelet on her bureau. Of course, it was missing and she never saw it again. That one was her fault for carelessness but, never-the-less, someone stole it from our house.

Unfortunately, even people who already have plenty very often can't pass up an opportunity to take something. And, a lot of people are just inconsiderate by nature - like sitting their wet kid on someone else's chair or tracking red clay mud on someone else's carpets.

My home owner's policy has a $500 deductible.

[kitty3]

Oh my God, you guys are scaring the crap out of me with these stories!! My house will NOT be vacant because I can't move out until I have the money from the sale. I am shocked and dismayed to hear about these agents leaving doors unlocked!!! Wow- scary....and the wet-bottomed kid? Ewwww....but this is real life and apparently these things happen! I guess I will pack up anything small or steal-able in a box marked "paint supplies" and hide it in the basement for showings

[brokensky]

Oh, stuff can happen! I myself have had things disappear, but never w/ a showing - w/ an open house. And it doesn't have to be jewelry! Back in the 80s, I had someone come in and steal 2 Wedgwood ashtrays. These days, people don't smoke, so no one leaves ash trays out but back then it was common. I just couldn't believe it - but they were small enuff for someone to just have stuck in a pocket or purse. And to think they took TWO - from different rooms- they must have either been a collector - or spontaneously decided to start a collection that day!

So it doesn't have to be jewelry or sterling silver. Those were not inexpensive ash trays! Just surprised me someone would even have noticed them and recognized their value - must less ripped them off.

[sallyg]

Oh great! Good to hear these stories. We are renters and if something happens to our things- WHO is responsible???????

[TexasHorseLady]

Do you have renter's insurance?

[Boomerang]

Originally Posted by bentlebee

I forgot to make these realtors responsible for not locking etc, even with the note they didn't lock it.

I've had agents leave the front door unlocked; the back door "locked" but not closed; garage doors open; electrical appliances left on; 100 watt light fixtures left on for days while I was away on vacation; timers unplugged/turned off, etc.

What I like about having accompanied showings only is that you only have to remind one person to do what's necessary, if they happen to forget.

What I haven't had - as far as I know! - is theft. I put every single item of value, financial or sentimental, away before I even interview agents to list my house. It's all boxed up and put in a safe place until the house is sold and I'm moving. Sure it's inconvenient and after several months you kind of forget what you have and what box it's in but at least you'll find it someday. Better than having it stolen by a peeper, open house visitor, or burglar.

[brokensky]

Originally Posted by Boomerang

I've had agents leave the front door unlocked; the back door "locked" but not closed; garage doors open; electrical appliances left on; 100 watt light fixtures left on for days while I was away on vacation; timers unplugged/turned off, etc.

What I like about having accompanied showings only is that you only have to remind one person to do what's necessary, if they happen to forget.

What I haven't had - as far as I know! - is theft. I put every single item of value, financial or sentimental, away before I even interview agents to list my house. It's all boxed up and put in a safe place until the house is sold and I'm moving. Sure it's inconvenient and after several months you kind of forget what you have and what box it's in but at least you'll find it someday. Better than having it stolen by a peeper, open house visitor, or burglar.

I agree. I was young and screwed up . . . after that, no more open houses, LOL. (I think they are basically worthless anyway). And as you suggested, just strip the place down (no small accessories that can be easily ripped off).

I also have a tip for others who are out of town w/ a house on the market. I had to leave for several weeks at a time and I had friends and a housekeeper who came in and checked my house out daily. Like others have stated, it was remarkable what they would find . . . heat turned way up . . . lights left on . . . a window opened (in the winter!) . . .doors unlocked . . . and once, a running toilet.

[jimj]

Great, as I sit in a hotel waiting to fly out on vacation I'm reading this and wanting to get back in my car and drive home!!! Thankfully (I guess) we've not had any activity for a couple of months so I'm expecting this week to be no different but as you all know things happen just when you're least expecting it to. I did however leave a message for my agent telling him we'd be gone and IF there was a showing I would expect him to go there and be sure things were off and locked up.
We'll see, hopefully (and I hate to say it) there'll be no showings this week.

[8 SNAKE]

Originally Posted by Brandon Hoffman

No but it's certainly relevant. Did you have a point?

My point was that you did not answer the question at hand. I had hoped that you'd respond by answering the question, but thankfully others have done so already.

[Captain Bill]

Originally Posted by kitty3

Let's say I'm at work, and the buyers agent brings in a family to show my house (via lockbox) and someone steals or breaks something? Who is responsible? The agent? The (potential) buyer? Or am I stuck with the damage?

When I go on a showing with one person, I stay close to them all the time. I let them lead the way so I can stay behind. I'm casually observing them to see their behavior towards the home, as well as to make sure they're not taking anything. I'm also observing the home to see if there are problems that I should point out.

After talking to the client(s) and going through a few homes, I'm pretty well in tune with what they want and would most likely have a strong feeling if they were intent on stealing something.

When I go with two people, I try to keep them together, but that's not always possible. That is for their protection and for mine. If we're all together then will all know that we did not take something, in the event something comes up missing. So if they split up I'll try to position myself so I can keep an eye on both of them.

When we go outside I open the slider myself, so I can know if it had been left open before me. It it was, I would make a note to inform the listing agent that it had been left open. That is for my own protection. When we come back inside, I make sure the door is locked.

I'll turn lights off as we leave the rooms, unless the lights were on before arriving. In that case I leave them as they were.

When we leave, my client goes out the door first, and then I go out and lock the door before returning the key to the lock box. I never leave a home unlocked.

As a buyers agent, if something were stolen while I was in the home, then I would need to explain the actions of my client, and my actions. If I had been negligent, then I could be held accountable. As to who would be ultimately responsible for a theft, it would be difficult to determine.

There would also be the question of was something really stolen during my visit? Could it have been misplaced earlier, or could it have been stolen during someone's visit before me.

The listing agreement advises the seller to take precautions with their belongings, knowing that strangers will be entering their home, and it may be impossible for the buyers agents to protect them.

As Brandon pointed out, the electronic lock boxes show who was in the home and at what time they were there. That is a great help because we know who was in the home, what time they were there, and that will give the police something to follow up on in order to try and determine responsibility. By being able to contact the agents who were there, the police can question them and also locate and question the clients.