Home seller needs liability agreement ?

Hello from Philadelphia,

A real estate agent apparently fell inside my home while showing it - without injury. I am paranoid that someone else may fall - as it is an old house with crummy steps and no handrail. How do I protect myself from possible lawsuits in the future? Can I ask all agents and potential buyers to sign an agreement stating that they will accept all risk upon entering my home, and hold me free of liability should any injury occur? What should the agreement say?

P.S.: There is only one month left on my listing agreement and I really want to end the listing now (I've decided not to sell it after all), but my agent refuses to release me from his contract with me. So I'm forced to allow more showings, while worrying that another fall may result. Many thanks

Fix the hazard, then you won't have to worry about being sued.

How do I protect myself from possible lawsuits in the future? If your house is having all these problems, do you think it will pass inspection? That in itself is opening the door for future lawsuits

Can I ask all agents and potential buyers to sign an agreement stating that they will accept all risk upon entering my home, and hold me free of liability should any injury occur? That will be a dead giveaway that the house is not in living condition and will scare away potential buyers. The fact that you want an agreement will also pass on the perception that you are a litigious seller so that is also a negative.

What should the agreement say? If you fix the problems, you won't need to have anything drawn up.

Hello,

I actually WANT to scare away potential buyers because I have decided not to sell the house at all, and plan to renovate it instead - but not until November. The problem is that my real estate agent will not let me out of the listing contract which ends October 3rd. So somehow I need to protect myself from liability should anyone trip and fall between now and October 3rd. I live in California while the property is in Philly, so it's difficult for me to orchestrate any repairs until my trip in November. I just want the house taken off the MLS altogether, but my agent refuses.

I must tell you that your scare tactics are not the way to go. If your agent finds a potential buyer, he has to get your approval first to go ahead with the preliminary stages of the purchase and right there and then you have the right to tell potential buyers that you have decided to not sell the property because you have had a change of heart. Remember , if you signed a contract that binds you for a period of time for someone's services it is because there was a meeting of the minds, however, when that is no longer the case either you can request to cancel the contract or you can sue each other to settle the issue. Protection from liability is by fixing the problems.

If your agent will not stop the listing, instruct them to only do drive by's and not to go inside the home untill you are present. Do it in writing.

Being in the home at the time it is being shown will still not insulate him of any accidents that may happen.