Like many brokers, your typical day at work involves showing homes to potential buyers.
Imagine this scenario: Your client shows up at the appointed time and unexpectedly appears with a guest. You all enter the home. The client and guest head off in different directions and you can’t be with both at the same time. You decide to stay with your client. The guest goes off on his own, mistakes a basement door for a pantry, and takes a terrible fall. The guest is taken to the hospital, and the last you hear is that he will be okay and is recovering.
The next time you hear anything is when you are served with a civil lawsuit alleging a traumatic brain injury among all the other injuries, losses and damages. The complaint blames you as the broker for being the actual and proximate cause of the injuries.
What do you do? What are your rights? What are your defenses as a real estate broker?
Download this in-depth, “Analysis of Colorado’s Premises Liability Act and Negligence Framework” to know the risks to Colorado real estate brokers in situations like this.
And be sure you’re covered by Colorado real estate errors and omissions insurance which includes $100,000 Open House and Showings coverage.
Analysis prepared by James M. Meseck, Rachel Ryckman and Tracy Zuckett of White and Steele, P.C.
