Your house is for sale and a theft occurs. Who is liable?

I would say that unless you can prove that the viewers or agent took it, you are out of luck.

The people who stole the stuff…..are criminally liable and the cops need to find them. I don’t understand the civil stuff in the US AT ALL and it always surprises me the crap that goes on in those courts.

But the Agent is liable for keeping a record of the people, by taking names and details of everyone in a sign in sheet (at least in some places) . Seems a bit silly… if a person was entering a house during a showing to steal, they wouldn’t give their real name, but it’s a start… other people may have seen something and the ones you can’t track down…. may be remembered by others you can talk to.

It’s your problem. You have to lock your valuables up, including medications. During open houses typically people are wondering through without an escort. It is very unlikely the realtor took something, we are finger printed, and have criminal background checks to be able to become licensed, but of course anything is possible. You can of course report the theft if you feel inclined. Did you tell your realtor what happened?

In TN many times I have noticed agents don’t always have people sign a sheet with name and address. I’m not sure what the rule is here. Typically the sign in sheet is for the realtor to get a new client, a buyer who is looking. Very few houses are sold by open house (not sure the percentage, and maybe it is higher in your area, than where I sold homes) it is more for the agents benefit, using your listing to get traffic thru to find new buyers who are looking for a house. It is also how the listing agent
protects herself to get both sides of the sale.

Yup, I’m with liability rests on the thief. There would have to be some massive negligence on the part of those running the open house to make them liable.

But depending on what was taken, and how much it was worth, you might be able to get a deal from them (fee reduction, etc.) in order to ensure that they don’t get a bad reputation in the area. Good business practices can generally substitute for legal process.

What if the agency’s contract stated their real estate company would be responsible of “any and all damages or losses as a result of their showing of your house”? would the agency still be liable?

Depends on how well you can prove what was missing/stolen…and whether it occurred during the open house. ;-). But it depends on the liability you’re discussing. This is more of a contractual civil liability – so it’s more like getting damages rather than them being liable for the goods.

@john65pennington most policy read like this, if the building has been vacant for more than 30 consecutive days before the loss theft is excluded. In order to give you definite answer would have to know what kind of policy you have as different states have different policies.

Maybe there is some insurance coverage through what we pay? Realtors are insured, but it is against being sued. Maybe some of the coverage covers this type of thing? I actually don’t know the answer to that.

There is a reason why you lock up your valuables when you have a open house. It is he said / she said shit. How do I know you aren’t claiming a bunch stuff is gone when you never owned it to start with.

You have to read the policy. The lanugage for those in this business is fairly easy to interpret and find.

As theft is a criminal offence I would think it’s the job of the police to decide who is responsible.

The OP is the police.

If the theft is large enough or important enough, the police would make a report. if the police’s investigation came to a dead end, ultimately would the real estate agency be responsible, if the contract states this in writing or would they fight it in court?

Injust can’t understand why you think it is the realtors fault, unless they walked out with a hot water heater? Open house means you are letting bunches of people walk through your house, seems obvious something could be lifted, someone could be casing your house, that is one of the problems with open houses. If you have any legal recourse, and I am not sure you do, I probably should know, the agency would seek to settle probably, not go to court. If you don’t have a leg to stand on, then your lawyer would tell you that, or you can try to go to small claims. If you ask your realtor directly they might know the law, and you can see what they say and how they act when you ask.

Maybe try calling TREC, TN Real Estate Commission or the Realtors Association and ask them. I think TREC is more likely to guide you to the laws that regulate this, it is probably all online. I am licensed in FL, so laws could be different by state.

It depends on your agreement with the agent. If they are to be responsible for the safety and protection of your house while they are showing it, then they should have insurance to cover the loss.

I would think it would be covered under your homeowner’s insurance.

Isn’t there something in the Realtor’s contract… indeed any type when you leave your house in someone’s possession for a spell, like cleaners and contractors, that it is expected that they take ‘reasonable care’.... if you can show that the Realtors were negligent in looking after the house, perhaps they would have a case. I’d read the ‘Open Home Agreement’.....the Homeowners must have signed something when they listed the house with the Agent. I’m sure they cover their asses for exactly these types of things.

Depends on the facts….when did the loss of occur? During the showing of the house or after. Was there forced entry John?

I misinterpreted your question…thought you were asking about insurance coverage.