BIC TIP #387:
Paragraph 10 of Standard Form 101 (“Exclusive Right to Sell Listing Agreement”) explains to the seller that there are risks associated with showing a home that are not within the reasonable control of the listing firm. Further it lists a few of those risks, “including, but not limited to . . . control of visitors during or after a showing or an open house, including the taking and use of photographs and videos of the Property[.]” Therefore it states that due to these inherent risks, the seller “agrees to release and discharge Firm and Firm’s agents from any and all claims, demands, rights and causes of action of whatsoever kind and nature not caused by Firm’s negligence arising directly or indirectly out of any such marketing services.” This is also why holding an open house at another firm’s listing would be risky.
