Listing Agent Liability for Showing Safety

For the Safety of All

A local REALTOR® called me this week to tell me about an incident she had while trying to show a property.  The MRIS print out said that the property was occupied by tenants, but there was no number to call.  The MRIS listing also said that there was a combo box on the door and gave out the combo code.  The listing also referenced a dog that would be inside the home.  When the agent arrived she was immediately hesitant because of the large pit bull behind a four foot tall chain length fence.   The dog did not appear friendly and was not happy that she was there.  She walked up to the front door and was greeted by a sign that read something to the effect of:  "We don’t need a gun, we have a pit bull."  The agent looked for a lockbox, but could not find one.  Her client and she decided not to look at the house and left.  The next day this agent received a phone call from the listing agent.  The listing agent explained that the tenant had called her to report that someone had been snooping around the house and that the tenant’s son had gotten scared.  The agent explained to the listing agent what happened and that she had decided not to show the house.  The listing agent then explained that she had had problems with the tenant not allowing REALTORS® into the home.  She also mentioned that the tenants had not paid rent in several months.  The listing agent recommended that the agent call the sheriff’s office and be escorted through the property.

When is this “Ok”?

What!?!  Isn’t it the listing agent’s responsibility to assure that the property will be made reasonably available for showings?  Isn’t the listing agent partially responsible for assuring other agents and potential buyers are not in danger if they show the home?  In what world is it okay to expect the local sheriff to escort you through a home that is listed for sale?   The question of the listing agent’s liability in assuring safety at a listing they represent is becoming more and more of a concern.  My best advice to buyer’s agents is that if the situation seems dangerous, remove yourself and your client from the situation.  Use common sense.  Also, prepare your clients for this type of situation.  Set your showing boundaries up front and stick to them; know your comfort level.  No home is worth risking bodily harm.

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