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I disagree completely. That is the job of a home inspector who should carry their own liability insurance in cases like this. A potential buyer should never have done this, unless they already have a pending offer and approved by the seller.
Sorry to hear that it happened but I think it is clear who is responsible, especially if they don't buy the home. If the OP and her husband do buy the home, they may not to have to pay the owner separately.
Good question to ask an agent:
"Do you carry liability insurance?"
It is common for local buyers to pay a nonrefundable amount of $5000--$10,000 to get a contract here.
Damn right, smart buyers and responsible agents are looking at stuff.
"I am not an inspector" and vague "Liability" are top excuses for agent laziness and ineptitude.
Status:
"I didn't do it, nobody saw me"
(set 7 days ago)
Location: Ocala, FL
6,491 posts, read 10,375,377 times
Reputation: 7957
Quote:
Originally Posted by bhoyers
It was the listing agent who told him to go up and check out the attic. Claimed multiple people had gone up throughout the day.
Completely irrelevant. You have received several opinions that your husband is liable for the damages. What if he had hurt himself, would you have agreed that the homeowner would then not be liable for the same reason ? Just own up to it and be the bigger person.
Wow. This gets my vote as "slimiest real estate thread of the month."
Yes you are responsible.
Yes you need to apologize profusely and make restitution immediately.
Please stop your blame game of everything and everyone. Attics are part of the tour. Real estate agents want you to see the full house you are buying. Your fiance is not owed anything because he "slipped." This whole question is framed as though the sellers might owe you something. They do not.
The entitlement on some of these threads is unbelievable. Just think for a moment, OP. You open your most expensive possession to strangers to look at. Someone pokes a hole in it. Who is responsible? Not you for opening the place up! Sheesh.
I wouldn’t say he was careless. He was walking across the plywood planks and the plank slipped causing his leg to fall. It’s not like he purposely stepped off of it. And He was given permission to be up there.
Yet all the others who went up there earlier in the day didn’t have a problem and didn’t cause damage.
I’m sure the agent would give permission to walk the roof too - it doesn’t make it a good idea.
Get a handyman to fix the hole and repaint the ceiling. Pay for it. And stop walking around unfinished attics before you go to contract and get an inspection done.
Their Homeowners insurance should cover it. He could have been hurt.
Yeah, I'm thinking that this isn't as clear cut as some are saying. Granted, OP's husband wasn't hurt, but if an argument can be made that the homeowner negligently placed the planks, I'm not sure that the OP and her husband would be responsible. This is so especially if the house is in a state that allows for a contributory negligence argument to be made. I'd have to do further research to see if contributory negligence is only allowed for personal/bodily injury (I don't think so but not 100% sure).
Note, whether other people didn't trip over the plank is not necessarily dispositive. Indeed, thousands of people can walk over a wet tile in a supermarket and not slip and fall. But one person among the thousands does and subsequently slips and knocks/over destroyed several non-perishables. That person would not be responsible for damange in that case. All it takes is one person and the fact that thousands others walked on the tile and were fine is irrelevant if the store breached it's duty of care in not blocking off access to the tiled area or taking other steps to remediate the issue.
Yeah, I'm thinking that this isn't as clear cut as some are saying. Granted, OP's husband wasn't hurt, but if an argument can be made that the homeowner negligently placed the planks, I'm not sure that the OP and her husband would be responsible. This is so especially if the house is in a state that allows for a contributory negligence argument to be made. I'd have to do further research to see if contributory negligence is only allowed for personal/bodily injury (I don't think so but not 100% sure).
Note, whether other people didn't trip over the plank is not necessarily dispositive. Indeed, thousands of people can walk over a wet tile in a supermarket and not slip and fall. But one person among the thousands does and subsequently slips and knocks/over destroyed several non-perishables. That person would not be responsible for damange in that case. All it takes is one person and the fact that thousands others walked on the tile and were fine is irrelevant if the store breached it's duty of care in not blocking off access to the tiled area or taking other steps to remediate the issue.
The OP still hopes to buy the house.
The OP would be smart to be conciliatory regarding the damage. Yeah, a good attorney might could make a straight-faced argument that the guy was a victim.
I can not believe some of the comments here. What if the Realtor said, go up on the roof and check it out? Or, open the electrical panel and check it out.
If someone goes into an attic, they should be knowledgable enough to know where to place their feet, or stay out of there. Same goes for hitting your head on the roofing nails poking thru the sheathing. If he cut his head, is it the homeowners fault?
As a home inspector I never allowed my clients to go into attics or on the roof at all. If they insisted, I asked them if they were comfortable on ladders, etc, and also told them to be very careful, and watch where they walked. I also made it very clear that I did not want them up there for their own protection. AND, they were on their own if they damaged something.
If the homeowner invited them to enter the attic, that's one thing. However, IMHO, Realtors do not actually have permission to let people enter or access places in a home that are not normal living spaces.
Going into attics, entering crawlspaces, going onto roofs, or opening electrical panels are just a few of the places in a home that should be limited to professionals that are trained, and/or cognizant of the risks involved.
I'm amazed the original question really had to be asked. There should have been a note of apology left on the kitchen counter, as well as a promise to pay for the repair.
The OP still hopes to buy the house.
The OP would be smart to be conciliatory regarding the damage. Yeah, a good attorney might could make a straight-faced argument that the guy was a victim.
But...
"Be a jerk? Lose the house."
Yeah, I agree. If the OP plans to buy the house this isn't a fight that the OP should even be thinking about having.
Yeah, I'm thinking that this isn't as clear cut as some are saying. Granted, OP's husband wasn't hurt, but if an argument can be made that the homeowner negligently placed the planks, I'm not sure that the OP and her husband would be responsible. This is so especially if the house is in a state that allows for a contributory negligence argument to be made. I'd have to do further research to see if contributory negligence is only allowed for personal/bodily injury (I don't think so but not 100% sure).
Note, whether other people didn't trip over the plank is not necessarily dispositive. Indeed, thousands of people can walk over a wet tile in a supermarket and not slip and fall. But one person among the thousands does and subsequently slips and knocks/over destroyed several non-perishables. That person would not be responsible for damange in that case. All it takes is one person and the fact that thousands others walked on the tile and were fine is irrelevant if the store breached it's duty of care in not blocking off access to the tiled area or taking other steps to remediate the issue.
Also, if the homeowner wasnt home at the time it occured and they were instructed by their realtor to go into the unfinished attic, which would pose its own threats of safety, then its not contributory negligence since its back of house and it is not meant to be accessed in a normal capacity. If the homeowner who would be responsible for injuries resulting from their negligence was not there at the time and did not allow the people in the home to go into an area that was not secured as safe then they did not contribute to the injury or damage. Additionally if the homeowner or their agent was not present in order to inspect the planks between visitors then the realtor who is allowing multiple people through an unsecured area one after the other without knowing whether a person created the danger themselves then it sounds as though the realtor would be at fault not the homeowner.
The homeowner set the planks safely for their own use. Multiple people traipsed through without regard to proper plank placement. Perhaps one of them unwittingly moved a plank which later caused injury or damage. If it was safe when the owner left and later became a hazard that is not the fault of the homeowner.
Just like the wet floor. If the store was cleaned and all the employees left an area and someone spilled water and then slipped on the water they spilled, its their own negligence that caused the accident.
I can not believe some of the comments here. What if the Realtor said, go up on the roof and check it out? Or, open the electrical panel and check it out.
If someone goes into an attic, they should be knowledgable enough to know where to place their feet, or stay out of there. Same goes for hitting your head on the roofing nails poking thru the sheathing. If he cut his head, is it the homeowners fault?
As a home inspector I never allowed my clients to go into attics or on the roof at all. If they insisted, I asked them if they were comfortable on ladders, etc, and also told them to be very careful, and watch where they walked. I also made it very clear that I did not want them up there for their own protection. AND, they were on their own if they damaged something.
If the homeowner invited them to enter the attic, that's one thing. However, IMHO, Realtors do not actually have permission to let people enter or access places in a home that are not normal living spaces.
Going into attics, entering crawlspaces, going onto roofs, or opening electrical panels are just a few of the places in a home that should be limited to professionals that are trained, and/or cognizant of the risks involved.
I'm amazed the original question really had to be asked. There should have been a note of apology left on the kitchen counter, as well as a promise to pay for the repair.
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.
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