Damaged or Stolen Property: Is the Listing Agent Liable?

When you list your property for sale, chances are your Realtor will talk to you about curb appeal, de-cluttering, home staging, and a variety of other things you can do to make your home as appealing to prospective buyers as possible.   Your real estate agent will likely also encourage you to secure your valuables.

So, whose responsibility is it if your home is damaged or your personal property is damaged or stolen while the home is on the market?  Under Georgia law, your real estate agent and his or her company are not responsible.  Paragraph 10(H) of the standard Georgia Association of Realtors (GAR) contract specifically states:

"Seller acknowledges and agrees that Broker shall be held harmless by Seller from any and all claims, causes of action, or damages arising out of or relating to:1. inaccurate and/or incomplete information provided by Seller to Broker; 2. earnest money handled by anyone other than Broker; or 3. any injury to persons and/or loss of or damage to property."

Therefore, it's your responsibility to ensure that your personal property and valuables are secured so as to decrease the chances of theft or damage.  Moreover, it is your responsibility to secure the home itself.  Even though you have given your agent authorization to place a lockbox on the home in order to facilitate showings, that fact does not shift responsibility for the security of the property to the Realtor.