Legal Question in Civil Litigation in Massachusetts

Liability for property damage during real estate showing

Property damage occurred during the showing of a house for sale in Mass. Home owner/seller is also the realtor with whom the property is listed. (i.e. home owner is a realtor listing her property with). At the shoing, prospective buyers were present with another realtor. The owner/listing agent chose not to be present during the showing. A member of the family of prospective buyers used the toilet and flushed it. The toilet overflowed causing damage to the ceiling of the floor below. The owner/listing agent of the property is demanding reimbursement for the damages. Do the prospective buyers or the prospective buyers' real estate agent incur liability for this event which is damage resulting from defective toilet functioning?


Asked on 8/14/04, 12:15 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Liability for property damage during real estate showing

Only if the toilet was handled in a negligent manner or in a manner that was not used for its intended purpose. OR I suppose, if the user had been warned not to use the toilet and did so anyway.

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Answered on 8/16/04, 12:25 pm


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