A Colorado court recently ruled in favor of dismissing personal injury claims against a listing broker and her brokerage. The claimant alleged that she slipped and fell on ice walking up the driveway to go into the listed property for a showing resulting in personal injuries. The claimant brought claims under Colorado’s Premises Liability Act, § 13-21-115, C.R.S. 2016. and for common law negligence.
White and Steele, P.C., attorneys James M. Meseck and Morgan S. Nance, moved the court to dismiss the claims against the listing broker and her brokerage arguing that they were not a “landowner” as defined in the Premises Liability Act since the listing broker did not possess or have control over the listed property and was not responsible for the maintenance of the listed property per the terms of the form listing contract.
Defense counsel also argued in the motion that listing brokers do not have a legal duty under Colorado common law to protect any entrant, including potential buyers, buyer’s agents, inspectors, etc., who come upon listed properties when the listing broker is not present. The court agreed, dismissing the listing agent and brokerage.
This is a significant victory for real estate agents in Colorado.
Be sure your Real Estate Errors and Omissions policy includes Open House & Showings coverage to protect you when you are present. CRES Open House & Showings covers you for injuries to third parties or damages that occur during open house, showings, or other selling activities (including as a result of your real estate signage).
James M. Meseck | Attorney
Morgan S. Nance | Attorney
White and Steele, P.C.
600 17th Street, Suite 600N
Denver, Colorado 80202
