Are Home Owners Liable for Injuries to Home Buyers?
Posted by Hank Miller on
Are home owners liable for injuries to home buyers? Depends - but first - I am not a lawyer, below is general information 
on this topic. This is not legal advice and every situation is different. Remember, a ham sandwich can be sued...
Under Georgia law, property owners have a duty to exercise ordinary care in maintaining their property in a safe condition for those who are lawfully on their premises. This includes taking reasonable steps to prevent foreseeable hazards that could cause injuries to visitors. Liability for slip and fall accidents can vary based on the jurisdiction and the specific circumstances of the incident. Generally, whether a home owner is liable for a slip and fall by a home buyer during a visit depends on several factors.
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commonly used in residential water supply systems from the late 1970s to the mid-1990s. Polybutylene pipe was popular due to its low cost and ease of installation. However, it eventually fell out of favor due to concerns about its long-term durability and potential for leaks and failures. The greater Atlanta area has a significant number of homes with poly pipes and
permits lined up and trying to hold onto the wallet. Rookie investors make rookie mistakes; overpaying, underestimating repairs, poor project management, overestimating finished market value and a thousand other things. But even experienced flippers get surprised from time to time.
how a home is represented and described may not always be what a buyer sees. Advertising, especially in real estate, always pushes the boundaries, but there is an expectation that the information presented is factually accurate.
fixtures, things can get sticky. Maybe they love the special features like the glass kitchen cabinet doors, custom lighting fixtures, high tech thermostats or even a favorite miniature Japanese Maple tree. Traditionally, these items remain in the home for the next owner to appreciate. However, some sellers have a deeper attachment to certain items, going as far as removing them prior to closing.
Water is not a home owner's friend, it is constantly looking for ways to cause trouble. But it's predictable, we know it flows downhill and that is the key to successful water control. The short clips below are a great example of proper surface water control. This builder, unlike most, did a great job in setting a predictable pattern to control surface water runoff. This is a big plus, most builders could not care less about things like this; get in and get out as fast as possible and when problems develop just say "the county approved it so...". Salute to this builder.
hidden defects, things that might not be discovered during a reasonable inspection of the home. A defect that’s been properly repaired is no longer a defect so technically, the home seller has no obligation to disclose it. That doesn't mean it's not a good idea to anyway.
Selling your home by owner, also known as For Sale By Owner (FSBO), is appealing to some in this exceptionally robust market. Not dealing with agents is nice, but can money be saved selling a home by owner? About 7% of homes nationally sold without a listing agent, of those over half were between parties that already had the transaction arranged. Data shows that around 25% of FSBOs don't sell; and for those that do, they sell between 6%-26% less than agent assisted homes. Consider…
sales reps or calling the information lines. Seemingly innocent inquiries which often result in them being unrepresented by a buyer’s agent if they move forward. Builders love unrepresented home buyers. Not using a buyer's agent when building a home is the single biggest mistake new home buyers make and it will result in problems over the build.
“Should I rent my home if it won't sell”? Well, that question has many layers. But that off the cuff declaration by an annoyed seller might be a bit dramatic and premature. For owners unsuccessful at selling, “I’ll rent it” seems to be a knee jerk response. Best to take a step back, breathe, and examine all of the mitigating circumstances that contributed to this situation. For owners, selling a home usually has a significant emotional component; it’s unavoidable. To home buyers, it is just another home. Motivations, objectives, and personal situations are different and before anything rash is done, slow down. Start with figuring out why the home didn't sell.