What can I do if a realtor's client broke something while looking at my house? Recourse against clients? Against realtor?

Asked by Kkwiita, 11561 Sat Dec 18, 2010

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9
Joan Braunsc…, , Morris County, NJ
Sat Dec 18, 2010
There was a thread a while back that asked about a similar situation. I think the answers numbered into the hundreds.
The seller came back after a showing to find a coffee stain on a white carpet. No one assumed responsibility and I think that fact is what bothered people the most.
Answers were all over the board: most agents were aghast (I was one of them), some said assumptions were made that maybe shouldn't have been. The fact of the matter is that there was no proof of what happened and who knew what.

This is what I would do: assuming you have an agent, ask your agent to speak to the agent who showed the house. If you don't have an agent, it may be best for you to talk to the agent's broker. I don't know how much actual proof you have or what recourse you have if everyone denies any culpability but the more calm you remain in presenting your case, the more likely you can get some sort of resolution.

Obviously, if the buyers broke something, logic dictates that they should pay for it. My personal feeling is that if the buyers refuse, for whatever reason, the buyers' agent should be responsible because we are responsible for the people we bring into people's homes.

The biggest issue is if everyone denies knowing anything and you can't prove that this broke while the house was being shown , this may not be resolved the way you feel it should be.

I know this is frustrating. It shouldn't happen but obviously it does. Its possible that whoever was responsible will step up and do the right thing. If they don't, there may not be a lot you can do.
2 votes
Alan May, Agent, Evanston, IL
Sat Dec 18, 2010
Contact your agent (the listing agent), and ask him to call the buyer's agent who showed the property, and present him/her with your evidence of the damage.
1 vote
Dallas Texas, Agent, Dallas, TN
Mon Dec 20, 2010
You need to review all these particulars with your listing agent . Many more questions need be answered prior rendering an opinion .

Lynn911 Dallas Realtor & Consultant, Loan Officer, Credit Repair Advisor
The Michael Group - Dallas Business Journal Top Ranked Realtors
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0 votes
Tom Sommers, Agent, Lakeville, MN
Sun Dec 19, 2010
What did they break? It is hard to answer without knowing that. Can you give more details?
0 votes
Anna M Brocco, Agent, Williston Park, NY
Sun Dec 19, 2010
Not knowing what was broken, nor it's value--have you discussed the issue with your agent and or his/her broker owner and or office manager--if not you can begin there and see where it leads....keep in mind that accidents do happen and most are not intentional, therefore do stow away anything valuable while the property is on the market, especially before any showings.
0 votes
Tim Moore, Agent, Kitty Hawk, NC
Sun Dec 19, 2010
I was once accused of allowing a buyer looking at a house to steal a pneumatic nail gun. I was amazed knowing how big one off these things is. "No way did that buyer take a nail gun without me seeing it", I told them and my broker. A week later I got a message they found it in the sellers truck where he left it.

My guess is that any recourse is going to be against the Realtor and his firm, they then could file a claim against the buyer once they suffered damages. Proving the damage is going to be difficult unless you have some mighty strong proof.
0 votes
Phil Rotondo, Agent, Melbourne, FL
Sun Dec 19, 2010
Good Morning Kkwiita;
If you haven't already, ask to be compensated.
If you get a "no" or are ignored, ask to be compensated in writing.
After that, litigate it
Web Reference:  http://www.321property.com
0 votes
Mack McCoy, Agent, Seattle, WA
Sat Dec 18, 2010
What about your insurance company?
0 votes
Joan Braunsc…, , Morris County, NJ
Sat Dec 18, 2010
Here's the link to that thread I mentioned: http://www.trulia.com/voices/Home_Selling/Recently_after_I_r…
0 votes
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