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Realtor Not Liable To Potential Purchaser For Injuries Sustained When Stairs In Listed Property Collapsed

During the showing of a property, plaintiff was injured while walking down a basement staircase that col- lapsed. He sued multiple defendants including the realtor alleging the listing agreement created a contractual duty to inspect the property for safety hazards. The agreement required the realtor to be responsible for cleaning sinks, appliances, floors, windows and other things. The trial court held the agreement created no interest in the ownership, operation, maintenance or control of the prem- ises and entered summary judgment for the realtor.

The Third District affirmed. It agreed the listing agreement did not incorporate language expand- ing the realtor’s contractual duty to conduct its own safety inspections to protect people on the property. It acquired no proprietary interest in the property through the contract. Further, there was no evidence that the realtor had actual knowledge the staircase was unstable. Hart v. Century 21 Windsor Realty, 2014 IL App (3d) 130667. 

© 2020 Heyl, Royster, Voelker & Allen, P.CNational Law Review, Volume IV, Number 317


About this Author

Litigation of business and commercial cases is a major focus of Heyl Royster. Our experience encompasses all aspects of commercial dispute resolution - state and federal forums, administrative proceedings, arbitration, and mediation - in almost every area of substantive business law.