DeSousa v. Iowa Realty Co., Inc.
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The plaintiff slipped and fell when she was on the icy driveway of a vacant home she was considering buying. The owners were not present, nor was anyone from the listing agency. The plaintiff sued the owners and the listing agency. The district court denied the agency’s motion for summary judgment, reasoning that the agency—not the owners—had notice that a buyer would be viewing the home that morning.
The Iowa Supreme Court reversed. The listing agency does not owe a duty to a prospective buyer to assure the safety of the listed property when the agency is not present and showing the property. In those circumstances, the owners, rather than the agency, retain possession. Possessors of land owe a duty of reasonable care to entrants on that land. A possessor is defined as one who occupies and controls land, or one who is entitled to immediately occupy and control land.
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