Legal Question in Civil Litigation in Texas

I am currently selling my house and during one of the showings of my house someone stole some of my wife's jewelry. We filed a police report and notified my realtor to get the names of the individuals who were in my home at the request of the police. The realtor did not keep a log of the individuals they showed the house to and now the people that robbed us got away with it. Is it possible to sue my realtor for negligence?


Asked on 5/26/10, 5:09 pm

1 Answer from Attorneys

I am sorry for the inconvienence. For you and anyone else out there. While I am not sure which system they used. I would like to add that It is best to use a realtor who uses electronic lock boxes to house your keys. Manual combo boxes are cheap and the code can be given to anyone. Electronic lock boxes if set up properly will keep a record of agents accessing the home. Realtors should explain the difference and allow you to choose. IF your agent did use a SUPRA (tm) lockbox, ask for the records which will be available online.

As for suing your realtor, have an attorney review your contract to see if there is a provision for not being responsible for the criminal acts of third parties. Contact the broker. Contact the local real association which they are a member. As a last resort, discuss filing suit.

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Answered on 5/27/10, 7:14 am


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