This winter, Spokane Realtors® have had an ongoing conversation about who is responsible to keep driveways and sidewalks of listed properties cleared of snow and ice after winter storms. One posting on a Realtor® sponsored social media site showed a photo with foot prints in the deep snow leading up to the front door of a listed property. The photo was accompanied by a terse comment that clearly conveyed the high-heel-clad brokers frustration concerning other brokers who “weren’t responsible enough” to take on the snow clearing duties for a seller.

Through the years I have had clients who assumed I had some sort of contractual duty to be the steward of their property during the listing period. That misunderstanding simply is not true of any listing contract, UNLESS the broker has agreed to additional duties in writing that are above and beyond their statutory duties. I have agreed to perform additional duties at times, especially when the home is vacant and seller does not live in the area. In a recent case I agreed (in writing) to check on a property once a week during a cold snap to be sure heat was sufficient to prevent pipes from freezing and to be sure visitors to the property had not left lights on or doors unlocked.

When a seller signs a Listing Agreement they agree to provide a certain level of liability insurance in case someone is injured at the listed property. One of the most common hazards is a slip and fall during a showing. The question arises about whether the broker who agrees to care for a property can actually be held liable for injuries that occur on that listed property? The particular circumstances of any case can have a big effect on the legal outcome, but in most cases a buyer’s fall on a listed property won’t result in broker liability.

In a recent lawsuit, a prospective buyer was injured by a slip and fall on an icy driveway. She sued the homeowner AND the listing brokerage. The argument on both sides of this court case hinged on whether the listing broker had a duty to protect prospective buyers from hazards on the property as “possessor.” The resultant court decision ascribed the duty of safety only to the homeowners as “possessors” of the property and relieved the broker of any liability for the claimant injuries.