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Some items were stolen from our house during the time it was

 
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Customer Question

Some items were stolen from our house during the time it was listed for sale by a real estate company. Doe the real estate company have responsibility in covering the loss?

 

Optional Information:
Country relating to Question: United States
State (if USA): Wisconsin

Already Tried:
Police report was submitted

Submitted: 286 days and 5 hours ago.
Category: Real Estate Law
Value: $18
Status: CLOSED
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Expert:  Law Pro replied 286 days and 5 hours ago.

Was it determined how the thief entered your property?

Were the police called and performed an inspection of the property?

Customer replied 286 days and 5 hours ago.

Yes, the police came to the house to inspect the property and a report was filed.The officer felt that the thief probably came during the "Open House"

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Expert:  Law Pro replied 286 days and 5 hours ago.

The real estate agent and company are liable for any property stolen during an open house or showing to a prospective buyer.

The house is a "bailment" - that they are liable when the property is under their control.

However, it's your burden of proof that's when the theft occurred.


You have to not only prove you owned the items but that they were stolen while they were in control of your property.


So, it's basically your word against their word - so it's whom does the judge believe.



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Category: Real Estate Law
Pos. Feedback: 98.0 %
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Answered: 6/27/2012

Experience: 20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.

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