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HOPKINS v. FOX & LAZO REALTORS

132 N.J. 426 (1993)

625 A.2d 1110

EMILY S. HOPKINS, PLAINTIFF-RESPONDENT, v. FOX & LAZO REALTORS, JACK BURKE REAL ESTATE, INC., STEPHEN FIELDS AND PAT GUERRY, DEFENDANTS-APPELLANTS, AND JOHN GARVER, SUSAN GARVER, HIS WIFE; U.S. HOME CORPORATION, MORGAN M. DAVIS, DOUGLAS M. SONIER AND BARBARA A. SONIER, HIS WIFE, DEFENDANTS.

The Supreme Court of New Jersey.

Decided June 16, 1993.

Attorney(s) appearing for the Case

Charles Peter Hopkins, II, argued the cause for appellants.

John G. Devlin argued the cause for respondent (Devlin, Cittadino & Shaw, attorneys).

Marc D. Policastro submitted a brief on behalf of amicus curiae, New Jersey Association of Realtors (Greenbaum, Rowe, Smith, Ravin & Davis, attorneys; Arthur M. Greenbaum, of counsel; Mr. Policastro and Mr. Greenbaum, on the brief).

The opinion of the Court was delivered by HANDLER, J.

This appeal requires the Court to determine whether a real-estate broker who holds an "open house" for the purpose of attracting potential buyers has a duty of care with respect to their safety, including a duty to warn of dangerous conditions in the home. The case arose when such a visitor, a relative of prospective purchasers, fell down during an open-house tour sponsored by the broker. The fall occurred when...

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