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Clearly, that agent was not qualified as an experienced, globally-licensed, bonded, journeyman candle and window operator.
He was outside his area of expertise.
She was an up and coming agent leading the area sales for that office...
Part of her thing was staging and showing... and she always used a lot of candles!!!
Not sure for scent, ambiance or if highly paid tech workers have a thing for candles?
Imagine calling your Agent the next morning asking how the open house went and learning your home had burned to the ground?... it was a real house a fire open house.
When we looked at a house I broke a stuck double hung window trying to muscle it open - 70+ years old, painted shut - just the glass, not the sash frame or anything else. Our realtor immediately said don’t worry about, he would take care of it. We put in an offer that afternoon and 24 years later we are loving our almost hundred y.o. house. The double hung windows all work great now, both sashes. And we are (still) great friends with the realtor. Of course I immediately offered to pay for the damage btw.
Even if was covered under HO insurance they would come to you, as the liable party, for reimbursement. Insurance isn't a get out of jail free card for negligent parties.
I routinely go into attics and crawlspaces with clients, or alone.
I draw the line at attic scuttle access, or belly-crawls crawlspaces with insulation hanging down.
I never open panelboards, but I will pull outlet or switch covers off looking for aluminum branch wiring.
All "Just part of the service." They are paying me to help them make an informed decision and avoid a mistake.
Thats great Mike! However, I assume that if you stepped thru the ceiling, you would immediately pony up the money to fix it, and not go on a forum and ask for opinions hoping you will get enough that say "not your fault". I also assume you are very careful when you do enter those places, and are very careful where you put your hands and feet.
Early in my career, I went into an attic, and heard a noise behind me. When I turned around, the Realtor was up there with me, stepping on the drywall between the ceiling joists. Why he didn't fall thru I'll never know.
Thats when I started making announcements about no one should go on the roof with me, or in the attic with me.
Thats great Mike! However, I assume that if you stepped thru the ceiling, you would immediately pony up the money to fix it, and not go on a forum and ask for opinions hoping you will get enough that say "not your fault". I also assume you are very careful when you do enter those places, and are very careful where you put your hands and feet.
Early in my career, I went into an attic, and heard a noise behind me. When I turned around, the Realtor was up there with me, stepping on the drywall between the ceiling joists. Why he didn't fall thru I'll never know.
Thats when I started making announcements about no one should go on the roof with me, or in the attic with me.
If I put a Size 15 through a ceiling, yep, I would confess, apologize, and offer to pay for repairs.
That's simply a "No Brainer."
well first of all he was up in the attic because the realtor told him to go up there and check it out
second of all like i said we are expecting to buy damages just wondering if something similar had happened before so we aren't trying to weasel out of anything but someone had mentioned to me that they wondered why it wasn't covered under any home insurance from the seller so i thought id ask around.
thirdly, yes we are still interested in buying the house and hope our offer is accepted
Quote:
Originally Posted by twingles
Even if was covered under HO insurance they would come to you, as the liable party, for reimbursement. Insurance isn't a get out of jail free card for negligent parties.
twingles made the same point I was going to make. Having first party coverage for something like this is a convenience for the homeowner, in that if the claim is large enough, they can get paid via their own insurance company without having to put in the effort of recovering from the at fault party.
The does not mean that the insurance company just pays the claim and closes their books. They pursue recovery from the person who caused the damage, either via that party's own insurance or directly if necessary.
So yeah, someone who causes damage to a house during a showing through their own negligence needs to shut up and pay up. And putting aside the whole debate of whether OP's fiance should have gone into the attic, if there is apparently a parade of people traipsing through this attic and the fiance is the only one who put a hole in the house, then that's a pretty strong indication of negligence on his part.
If I put a Size 15 through a ceiling, yep, I would confess, apologize, and offer to pay for repairs.
That's simply a "No Brainer."
On the other hand, the potential buyer was invited to visit the attic by a representative of the owner where an unfastened board created a dangerous situation causing the potential buyer to fall part way through the ceiling.
Let's stop here for a second.
Instead of causing a bit of near inconsequential damage to the ceiling, consider if the potential buyer fell all the way through and landed on his head in the living room, leaving him a quadriplegic? Where would the liability lie?
On the other hand, the potential buyer was invited to visit the attic by a representative of the owner where an unfastened board created a dangerous situation causing the potential buyer to fall part way through the ceiling.
Let's stop here for a second.
Instead of causing a bit of near inconsequential damage to the ceiling, consider if the potential buyer fell all the way through and landed on his head in the living room, leaving him a quadriplegic? Where would the liability lie?
That's a good point. I don't think it's as clear-cut as others have made it out to be.
On the other hand, the potential buyer was invited to visit the attic by a representative of the owner where an unfastened board created a dangerous situation causing the potential buyer to fall part way through the ceiling.
Let's stop here for a second.
Instead of causing a bit of near inconsequential damage to the ceiling, consider if the potential buyer fell all the way through and landed on his head in the living room, leaving him a quadriplegic? Where would the liability lie?
Hypothetical. I'm not interested.
I am more interested in the OP's described situation. She is not claiming any personal injury.
Time to Pony Up.
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