Litigation Risks

Not only do social distancing, masks, and good hygiene during showings keep you and your clients safer, these steps help you manage legal risks.

Not only do social distancing, masks, and good hygiene during showings keep you and your clients safer, these steps help you manage legal risks. Sellers were more likely than buyers to sue their broker or agent if they or a family member became infected with the coronavirus soon after a home showing, according to a May survey of 1,040 buyers and sellers by the Engagious public opinion research firm. Among the findings:

38%

The percentage of buyers who indicated that they would be very likely to sue their broker if they became sick with COVID-19 after learning that a resident of the home they had visited had contracted the disease.

48%

The percentage of sellers who indicated that they would be very likely to sue their broker if one of their visitors contracted the coronavirus soon after a showing.

29%

The percentage of ­buyers who indicated that they would still consider suing, even if they had signed a release holding their real estate broker harmless if they or a family member contracted COVID-19.

41%

The percentage of sellers who indicated that they would still consider suing, even with a signed release.

58%

The percentage of buyers who were willing to waive their right to sue the seller or their agent for COVID-19–related claims.

©National Association of REALTORS®
Reprinted with permission