Real Estate Mishaps: Is the Agent or Seller Responsible?

Marc Winter
Aug 25
2 min read

Ever wonder—that moment when you see a dent in the floor after a showing—who’s actually responsible? It’s a common worry for sellers and curiosity for buyers. Let’s break it down in a straightforward way from Realtor.com.

1. The Usual Suspects: Who Bears the Cost?

According to Realtor.com, “usually, the seller’s agent takes most of the flak, and they usually pay for the damage unless there is proof someone else is liable.” This doesn’t mean agents always foot the bill, but in many cases, they’re seen as the default responsible party—unless the incident clearly points to someone else’s fault.

2. The Fine Print Matters: Listing Agreements and Liability

Listing agreements aren’t just paperwork—they often spell out who’s responsible for what. Ideally, these contracts:

Define responsibilities for documenting property condition.
Require clarity on who handles damages if something goes wrong.

So if there’s a leaky faucet or a loose step, the agreement might clearly state whether the seller or agent is on the hook.

3. Case Law in Action: Georgia’s Recent Ruling

In a notable Georgia case (Kidd v. Metro Brokers), the court ruled that neither the brokerage nor its agents were liable for injury to a visitor—because they didn’t have enough control over the property, and the listing agreement placed responsibility on the seller.

4. Varying Scenarios: Agent, Homeowner, or Others?

Liability can shift depending on actions or negligence—with several parties potentially involved:

Property Owner: Typically responsible for unsafe conditions.
Real Estate Agent: May be held liable if they created the hazard, failed to warn, or moved dangerous furniture.
Staging or Event Companies: Can bear responsibility if they contributed to the hazard.

Some states even consider “comparative negligence,” meaning liability may be shared based on each party’s degree of fault.

5. Agents and Property Damage—Even If It Seems Unfair

Even when damage isn’t directly caused by an agent, they might still face liability—especially for lost, stolen, or damaged items during showings. Coverage under insurance depends on policy specifics. Agents are advised to be vigilant and keep an eye on the property.

6. Prevention is the Best Insurance

Here’s how to avoid getting stuck in this kind of situation:

Pre-showing inspection: Identify and communicate obvious hazards.
Clear contract language: Explicitly define who handles what if something goes wrong.
Insurance protection: Agents should check their Errors & Omissions (E&O) policies to confirm they’re covered for various incidents.

Conclusion

There’s no single, across-the-board answer to “who’s responsible” during showings or open houses—it depends on contracts, actions, and circumstances. Generally, sellers or their agents may carry the responsibility—but smart contracts, clear communication, and preventive measures can make a big difference.

Next time you see a scratch or bump during a showing, don’t panic. Check the agreement, ask questions, and if needed, reach out to your insurance or legal advisor. Prevention and clarity go a long way!

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