Slippery Slope: A Driveway Injury During House Showing | DeSousa v. Iowa Realty Co., Inc. | Episode 34
After a slip and fall on the icy driveway at a vacant for-sale home, prospective buyer Amanda DeSousa sued the homeowners, Matthew and Melissa Fynaardt, and the listing brokerage, Iowa Realty. DeSousa’s slip caused her an injury, but with neither the Fynaardts or the broker on the property at the time of the injury, so who is to blame?
Cassie, Danielle and Ali discuss this case and its outcome. Tune in to hear how this case came out!
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Transcript
Cassie: Hey, excited about today’s case?
Danielle: Absolutely! It’s quite interesting, especially considering the winter conditions we’re dealing with right now.
Ali: True. It’s the perfect time to discuss this. So, what’s the case about?
Cassie: Well, it involves Matthew and Melissa Finehart, homeowners in Iowa. They put their vacant house on the market with Joel Goach from Iowa Realty. A potential buyer, Amanda DeSaso, scheduled a showing on a snowy day.
Danielle: Snowy day? That sounds risky.
Cassie: Indeed. Amanda even texted her mom expressing concern about the icy conditions before leaving. Long story short, she fell in the driveway, got injured, and decided to file a lawsuit against both the real estate company and the homeowners, claiming negligence.
Ali: Oh, wow. What’s the real estate company’s defense?
Cassie: They argue it’s not their responsibility to clear the property, and the danger was obvious due to the icy weather.
Danielle: Interesting. Any verdict?
Cassie: Initially, the real estate company was found liable, but it got appealed to the Iowa Supreme Court. Surprisingly, the court cleared the real estate company and held the homeowners responsible for immediate authority and control over the property.
Danielle: Lessons for us as agents?
Cassie: Definitely. It emphasizes the importance of staying within our scope and clearly defining responsibilities in writing, especially when dealing with vacant listings.
Ali: Good point. So, what do you think about the whole situation?
Cassie: It’s tricky. On one hand, the buyer was aware of the icy conditions, but on the other, the homeowners had some responsibility. Ultimately, it’s a reminder to be cautious and ensure everything is well-documented.
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