Who is liable when someone gets hurt at a listing?

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03/29/2016 | Author: Editorial Staff

Who is to blame when a buyer gets hurt at a listing or an open house? The TAR listing agreement protects seller’s agents from premises-liability claims, and sellers are more likely to be held liable in such cases. For many years in Texas, a buyer only had to prove that:

  1. There was an unreasonably dangerous condition on the premises.
  2. The owner knew, or should have known, about a dangerous condition.

However, a new Texas Supreme Court ruling could affect liability in situations where a buyer gets injured on a seller’s property, and adds more criteria for the buyer to prove the sellers’ liability. Learn more about the new criteria and what it could mean for your sellers in “Is there a hidden liability in your listing?” from the March 2016 issue of Texas REALTOR® magazine.

Categories: Legal, Sellers
Tags: sellers, legal, texas realtor magazine, premises liability


Karen Wilson on 04/05/2016

The seller’s homeowner HOB or HOA insurance policies covers accidents in the general liability section.  It covers any person who gets hurt on the property, from a neighbors child to a repair person.

Laramie Driscoll on 04/03/2016

This information is erroneous. The TAR listing agreement does not, in fact, protect the listing agent from this type of lawsuit as I found out in 2014.

Doris Barnett, REALTOR® on 03/29/2016

Seems likely an accident resulting directly in harm, would go against the the homeowners insurance. Should listing info be shared with insurance co?

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The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

While the Texas Association of REALTORS® has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, the Texas Association of REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here or elsewhere on texasrealestate.com. Any legal or other information found here, on texasrealestate.com, or at other sites to which we link, should be verified before it is relied upon.

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