This Real Estate Agent Didn’t Respond To A Renter’s Repair Request. Now It Has To Pay Hundreds Of Thousands Of Dollars
Two real estate agents have been ordered to pay a renter $330,000 after they failed to respond to an email about a broken light and the woman tripped down a staircase in the dark and broke her foot.
"Often agents are seen as having no responsibility — the contract is with the landlord," he said."This decision shows agents do need to take responsibility for their part in this process." But when he got another email two months later informing him the light was out again, Tesoriero did not do anything, the court inferred.
The judge found that both the owners and the agents had breached their duty of care to Than. However, each sought to blame the other for Than's fall, with cross-claims that said the other was completely liable for the damage. The agents said the agreement between the parties indemnified them, and the owners said the agent did not tell them about the broken light and failed to arrange repairs.
The judge found that the owners did not inspect the property properly and maintain the stairwell lighting, which they knew had a history of malfunction. "The agent had the last opportunity to avoid the adverse outcome," Judge Levy said, finding that he should have told the owners about the light, and either arranged for temporary lighting to be installing or put up warning signs.
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