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?
Country relating to Question: United States
State (if USA): Wisconsin
Police report was submitted
Was it determined how the thief entered your property?Were the police called and performed an inspection of the property?
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"
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.If you would like any additional information or have more questions please don’t hesitate to ask!Please remember to only rate my answer when you are satisfied with my response. IF you feel the need to click either of the two starts on the left, please STOP and reply to me via the "CONTINUE CONVERSATION" button. Let me know the issue you have and I will be happy to continue further and do everything I can to provide you with the service you seek.If you give any rating below 3 stars then I will not be compensated in any way for helping you today.The "helped a little" is considered a negative.Thank you,Law Pro
20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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