Can tenants sue real estate agents?
Did you know that professional duty as a real estate agent extends to ensuring the safety of the tenant at the agents managed properties?
Are you aware that some Professional Indemnity Insurance policies contain exclusions for bodily and personal injury?
When a tenant sues an estate agent
A recent case between a tenant and landlord confirms that when a tenant is injured at the leased property and they can prove the injury was caused due to "professional advice or capacity" it will be claimable under a Professional Indemnity Policy.
In the case mentioned, the tenant was injured when they fell through a hole that they had asked the real estate agent to fix multiple times. The estate agent didn't arrange for anyone to fix the hole and failed to advise the landlord that repairs were required. Therefore they were found liable.
Be aware of the fine print on your policies
It's important that both tenants and agents are aware of what's included in their insurance small-print.
For further advice on this type of insurance and which type you need please get in touch.
To find out more about the judgement mentioned you can read the full case notes here.
Advisr does not provide advice and does not hold a financial service license (AFSL). All information above has been provided by Clare Smith.