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angelphish2010
member
Who is responsible? NTR Work related
angelphish2010
member
I am a realtor. Today I was showing houses to a couple I just met. They were very interested in the one house and the guy wanted to look in the attic. He climbed up the stairs and took a step and his foot went through the attic floor and busted a hole in the ceiling of the second floor!
I was in shock. I could tell the guy felt really bad, maybe even embarrassed about it. I called the listing agent right away. (It is listed with an agent in a different office from the one I work in.) She told me that the buyer should call a contractor to find out how much it would cost to fix it, and he should be responsible for paying to get it fixed.
Nothing in any of the house information said not to go into the attic. And quite frankly, if the buyer is about to make an offer on the house I think he has every right to check out the attic.
After all was said and done I talked to the broker/owner of my office and told her the whole story. I'm pretty sure we will resolve the issue easily, I just wanted to get some opionions.. for piece of mind maybe? I still can't get the picture out of my mind of his foot coming through the ceiling!
Any thoughts?!?
This discussion has been closed.
Re: Who is responsible? NTR Work related
The home owner has to pay.
Some friends of ours were selling their house when a potential buyer decided to get into the tub... the guy was very heavy and cracked the bottom of the tub! They of course were pissed, but things like that shouldn't just break.
It should be expected that everything should be in working order when you're looking to buy a house, and it was in no way your client's fault that the attic floor was falling apart.
Well, shoot. If it's an unfinished attic, what in the heck was he doing up there?? That's what the inspector is for - you know, the guy that's licensed & bonded & insured. Ugh! I honestly think that the guy that broke it is responsible, but good luck with that. The home owner's insurance might pick up the tab too. Or even YOU, the person responsible for showing the house.
In hindsight, you should NOT have let him do that! A tour of the house is just that, a tour. If they want to go further in the process, there are ways to deal with it properly. Like an inspector. I know that I don't know all the ins & outs, but if I were you I would bone up on what your clients are/aren't allowed to do. Like ASAP.
Of course he had every right to go into the attic. However, he damaged the property in doing so.
Basically, if it was a FLOOR meant for walking in the attic (finished space), it's not his fault and he should not be responsible. Floors are meant to be walked upon and should not give way under normal weight. If there was prior damage/defect that would cause weakening of the flooring that should have otherwise been fine for walking, then he should not be responsible.
But, if it was the type of attic where there is no actual "flooring", just insulation/drywall/etc between joists/beams, the area between them is NOT meant to be walked on and yes, he should be responsible for repairs.
He basically just walked up to take a look. No "inspecting" was going on. Just wanted to see the size, and how much storage could be put up there. It's reallly not uncommon for a potential buyer to want to look at every part of the house, including the attic. And yes, they are allowed to do so.
Unless your state or province has some other rules on the matter, which is why I suggested that you look into local rules. If you know they are allowed to look at whatever they want, maybe read the rest of the paragraph where it states, "what happens when Johnny Jackass breaks the homeowners property from being clueless, being reckless, or a random act of whatever."
I understand what you are saying. It really wasn't a result of him roaming around being clueless/reckless. More so a result of the floor being faulty. I do feel bad for the sellers, but, it would have been brought up in the home inspection anyways.
It has to be the homeowners responsibility. You are right - a buyer has every right to see every part of a property he/she's about to buy and it's not the buyers fault. It's an unfortunate incident that should be covered under the homeowners property insurance.
And, yes, if it didn't happen now, one would only HOPE the inspector found the issue otherwise, it becomes the new owners responsibility if its found after the fact, unless it was a known issue that was undisclosed. Even then, I still think its the new owners homeowners insurance that would have to cover the issue. (new or old)
P.S. Its good that you went to your Broker. That's what they're there for and that's why you pay to be an agent with the firm you're with.
I have 2 family members in the business.
I agree with all of this.
How is taking a look at the attic being stupid, clueless or reckless. And who brings an inspector along when they're looking at a house? I wouldn't have it inspected until I'd put in an offer, and I wouldn't put in an offer until I'd taken a look at the entire house - attice included. I wouldn't be up there trying to assess the structural stability, wiring, or roofing (and it doesn't sound like he was) but I would want to take a look at it as possible usable square footage.
But I agree with Emiliemadison, if this attic had a finished floor the homeowner is at fault. If the flooring was just the joists with insulation and drywall between, it's your client's fault. But I'm not sure the homeowner could make him pay for it.