In May this year I wrote a post entiteld: Have a Nice Trip . . . See You Next Fall
Today, I read a very nice bookend to this tale. In The National Association of Realtors Legal Summaries the case in Colorado has No Liability on Buyer's Fall -- the actual appellate ruling is found here.
Risk management, and risk sifting are always nice to know about.
My post in May was about a home inspection, and having people who are NOT party to the transaction there. It's a good read.
Today, I read about a case which was affirmed on appeal (and I can't even imagine it GETTING APPEALED) and the result was there was no liability when a buyer fell.
Here's what happened: Buyers were on the premises of the property without anyone knowing about it.
The buyers claimed, in their lawsuit against the owner,
that since there was a FOR SALE sign on the property,
it gave them permission to enter the property.
OMIGOSH . . . I have had 15 years in the legal industry prior to becoming a real estate licensee and I can't believe a lawyer filed a lawsuit based on that premise of "implied or express" permissiowere the Buyn -- from a FOR SALE sign?!?!?
The FOR SALE sign does one thing, and one thing alone: It puts the general public on notice that the house is . . . FOR SALE . . . duh!
Never once in the history of selling real estate does a FOR SALE sign imply permission to enter the property.
This was a no brainer ruling, in my opinion.
FOR SALE means FOR SALE
Since when does FOR SALE mean . . .
COME IN, ENTER, OPEN HOUSE, HOME OPEN, WELCOME
I have a question for the Frickey Law Firm, P.C. and Hower Flicker, the lawyer who filed the lawsuit on behalf of the plaintiffs . . . if my car has a FOR SALE sign on it , , , does that mean the general public can climb in and take it for a test drive without my permission?!?
This is my first entry to my new series: Scratching My Head in Real Estate