Please explain The Comparative fault doctrine in layman terms I am sorry but it is hard to understand.
A: Sorry, for the legalese. I like to make sure that my answers are thoroughly supported by citations to legal authority, so that the customer knows that I'm not pulling answers out of thin air.
The comparative fault doctrine simply means that if a plaintiff proves that the defendant is negligent (i.e., acts below the standard of care due from the defendant to the plaintiff), the defendant is entitled to prove that the plaintiff should have known what he or she was doing, and that the jury should consider that in imposing the amount of liability on the defendant. Simple example:
Driver is following less than one car length behind another vehicle at 70 mph. Lead driver is distracted by mobile phone text, accidentally hits the brake pedal, and is hit from behind. Following vehicle is negligent for following too closely, but lead vehicle is comparatively negligent by allowing the distraction to cause the vehicle to decelerate too quickly.
Also is a TDS a legal form or a Broker form to be issued on all transactions?
A: Yes, on all residential transactions.
Or does his disclaimer in the listing agreement get him off all together?
A: You never mentioned any disclaimer in your original question. In general, a disclaimer of liability for acts or omissions about which the listing agent has a fiduciary duty to perform, would be invalid and unenforceable. The seller is relying on the agent's knowledge and abilities, and a disclaimer flies directly in the face of that fiduciary duty.
This is a difficult issue which would require a great deal of research to find case law (if it exists) that would be sufficiently "on point" to resolve the disclaimer issue. If that's something you are interested in having done, I can send you a premium services invitation, and we can take the matter offline (n.b., customary legal services fees would apply).
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