Who Pays for Damage During a Home Showing? Liability Explained

If damage occurs during a home showing, the financial responsibility typically falls to the homeowner, with their insurance covering the costs, unless there is clear proof of negligence by a buyer or their agent. This conclusion, drawn from real estate industry experts, highlights the importance of preparation and documentation for sellers. While accidents are rare, understanding the chain of liability, securing the right insurance, and taking proactive steps can prevent significant financial headaches.

Who is Legally Responsible for Damage During a Showing?

The legal responsibility for the property ultimately rests with the homeowner, or seller. According to industry assessments, the seller’s homeowner's insurance is the primary resource for covering repair costs, especially when the cause of damage is unclear or there are no witnesses. For example, if a storm door is found damaged after a showing with no video evidence, the seller’s policy would likely handle the claim.

However, liability can shift with proof. Stacie Staub, CEO and co-founder of West + Main Homes, notes, “If you can prove a buyer’s negligence directly caused the damage, the buyer (or their agent) is responsible for the repairs.” Without such evidence, the cost defaults to the seller. This makes pre-showing documentation critical.

What Should Your Listing Agreement Specify?

Your listing agreement—the contract between you and your real estate broker—is your first line of defense. These agreements vary by state, but a well-drafted contract should clearly outline procedures for showings. Based on expert advice, it should ideally:

• Specify who is responsible for covering minor damage.
• Require the listing agent to document the property's condition before showings.
• Obligate the seller to carry liability insurance that names the brokerage as an additional insured.
• Authorize the brokerage to cover small repair costs upfront to avoid filing an insurance claim.

“If your contract doesn’t already check these boxes, ask for an addendum before the first buyer walks through the door,” advises Staub. This proactive measure ensures clarity and can prevent disputes later.

How Can You Prevent Damage and Protect Your Property?

Prevention and documentation are the most effective strategies for sellers. Real estate agents recommend several proactive steps to minimize risk:

• Conduct a Pre-Showing Inspection: Tighten or oil door hinges and test handles before every showing to ensure they operate smoothly.
• Create a Clear Path: Use small floor stickers or stand-up signs to guide visitors through the house, reducing the chance they veer into areas with fragile items.
• Use Physical Stops: Slipping a small wedge under doors can prevent them from swinging open too far and slamming into walls or damaging frames.
• Opt for Escorted Walk-Throughs: Having your agent present allows them to gently guide visitors away from known fragile areas, like glass railings or delicate doors.

Crucially, your agent should always take time-stamped photos or videos of every room before and after showings. Maintaining a digital log of visitors provides the documentation needed to support an insurance claim if a serious incident occurs.

What Steps Should You Take Immediately After Damage is Found?

If you discover damage, act promptly. Eric Brown, a real estate agent at Century 21 AllPoints Realty, advises creating a formal incident report to document the situation clearly. The process generally follows these steps:

1. Document the Damage: Take clear, time-stamped photos of the damage from multiple angles.
2. Review Visitor Logs: Check the digital log from the showing service to identify who visited the property.
3. Assess Liability: If negligence by a buyer or their agent can be demonstrated, their responsibility can be pursued. If the agent’s negligence is proven, their brokerage might cover the costs.
4. File an Insurance Claim: Without proof of another party's fault, the seller’s homeowner’s insurance is the primary avenue for repairs, particularly for costs exceeding what a brokerage might cover as a goodwill gesture.

In short, clarity in listing agreements, proactive risk management, and prompt documentation are your best tools for handling damage during home showings.