question archive You have arrived to hold the first Open House on your new listing
You have arrived to hold the first Open House on your new listing
Subject:BusinessPrice:9.82 Bought3
You have arrived to hold the first Open House on your new listing. As it's a vacant home you are on your own, however when you step out to the back garden you find that the vendor has removed the faulty pool fence - without installing any replacement.
The in-ground pool is now fully open to the public. It is only 10 minutes to the scheduled commencement time and there is already a small crowd gathering in the street waiting to come in.
Your office (and any assistance) is 20 minutes away and you have another Open House to attend in 50 minutes.
What do you do, and why quoting the relevant legislation(s)?
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The first step is to contact your office and request assistance; they should have an agent available to come to the property and examine the issue.
Unless you are able to obtain help, or unless the property is already overcrowded, you must take precautions to guarantee the safety of those who visit the property.
According to the Pool Safety Act of 2005, all in-ground pools must be fitted with a fully functioning pool fence. If the pool fence has indeed been dismantled or is no longer functional, the pool should be secured or covered to protect people from accessing it and drowning.
Step-by-step explanation
Because the pool barrier was removed without a substitute being installed, the pool has become open to the public and presents a risk to everyone who enters. If you are operating as an agent, you have the legal obligation to take all reasonable care to safeguard the safety of the public. This includes ensuring that any possible dangers are minimized and that persons are informed of any potential concerns. You should take precautions to maintain the pool safe and to keep members of the public out of the water. Installing a fence all around pool, for example, or hiring security to keep a watch on the area are both choices. You should also make sure that any warning signs are in place to advise visitors of the danger. If you are unable to fulfill these responsibilities, you should contact the police or your local council for assistance.
