Updated - Listing Agents Beware: Significant RE Case Before Iowa Appeals Court

Updated information as of February 15, 2022. 

Iowa real estate professionals and attorneys have kept a close eye on a recent slip and fall lawsuit. The outcome could substantially affect thousands of Iowa real estate agents if the court concludes that listing agents can be liable for injuries that occur on the listed property, even when the listing agent is never present at the property and has no knowledge of the condition of the property.  Read the summary of the case and its potential impact.   If you prefer, you can watch the Legal Breakdown video summarizing this case.  This article continues below the video

Accordingly, both the Iowa Association of REALTORS® and the National Association of REALTORS® requested, and were approved by the Iowa Supreme Court, to participate in the matter as an amicus curiae--Latin for “a friend of the court.” The Associations, represented by attorney Jodie McDougal at the Dentons Davis Brown Law Firm, prepared and filed an extensive amici curiae brief to provide further legal and public policy arguments to the Court.
The Iowa Supreme Court will permit oral arguments in the case on the afternoon of March 24. Oral arguments begin at or after 1:30 p.m. on this day. The Court normally schedules 2-3 cases for oral arguments on afternoons in which it hears arguments; prior to March 24, the Court will provide information on the order of the cases to be heard that afternoon. 

Members of the public can view oral arguments virtually, as they are live-streamed, or can attend in person at the Iowa Judicial Branch Building.

This article was written by Jodie Clark McDougal of Dentons Davis Brown PC.  IAR has contracted services from Dentons Davis Brown PC to assist us in this significant case.

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