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Then I would assume that you wouldn't invite others to walk in such an attic either, correct?
The homeowner did not invite her husband into the potentially unsafe area. She said "the realtor". That could be the listing agent, the buyers agent, an agent who is simply there for an open house etc. If it was not the owners listing agent with permission to allow people into the unfinished attic, the liability isn't the owners.
The homeowner did not invite her husband into the potentially unsafe area. She said "the realtor". That could be the listing agent, the buyers agent, an agent who is simply there for an open house etc. If it was not the owners listing agent with permission to allow people into the unfinished attic, the liability isn't the owners.
Actually, the OP clarified that it was the listing agent.
Owner and listing agent liabilities are probably linked at that point.
Maybe agent should have a signoff:
"Are you a klutz?
No____ (Proceed)
Yes____ (No Attic For You!)"
Sounds like you guys are gonna work it out amicably then!
The thing you have to understand about forums is, they exist for people to discuss, argue, debate and overthink issues purely for entertainment. So if you ask an interesting question, you may get more than just the one or answers you were actually looking for. :-)
Status:
"I didn't do it, nobody saw me"
(set 6 days ago)
Location: Ocala, FL
6,491 posts, read 10,375,377 times
Reputation: 7952
I do realize it was an accident but the original post made it sound like you didn't feel it was your fault and shouldn't be held liable. The listing agent was an idiot to suggest you could go look in the attic in the first place. They should have suggested that a home inspector do the job instead. I do wish you the best. Again it all comes down to poor communication and it was always your goal to make things right based on you latest post. I do hope you are feeling better after your slip and I mean no ill will to you.
Yes I did go back and reread my original response and realize it came off a bit differently than I intended. If it wasn’t obvious I’m a first time home buyer so very naive to the real estate world. I’ve also never used this website before and was trying to be more curious than defensive about the situation. I appreciate everyone’s opinion.
Relax, this is how the internet works. You asked a question, you got answers, if you're looking for 100% agreement discussion boards are not for you. And in life, common sense goes a long way, so does the ability to "read" people. Real estate agent is in sales, do you really think they want to tell you the damage is yours to pay? They want to sell you the house. THe real estate agent also isn't an expert in negligence and liability laws. And since it came up with the agent, I'm assuming YOU TWO asked the question "omg, I fell through the attic - do we have to pay for that?" Otherwise how did it come up in the first place? It defies logic to believe that you said "I fell through the attic, how can I get a check to the homeowner"...and the agent responded "oh I don't think you're liable for that".
Two sides to every story....and then there's the truth.
Yes I did go back and reread my original response and realize it came off a bit differently than I intended. If it wasn’t obvious I’m a first time home buyer so very naive to the real estate world. I’ve also never used this website before and was trying to be more curious than defensive about the situation. I appreciate everyone’s opinion.
Welcome to CityData!
It IS a fun place most days. But, some days, jumping to confusions is the only aerobic activity some get.
Thanks for your clarifications. Actually, I thought most of the fuss and tussle was between us regulars, more so than directed at you.
And, Kudos for offering to do the right thing! Hope you get the house, if you still want it.
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