HOPKINS v. FOX & LAZO REALTORS


252 N.J. Super. 295 (1991)

599 A.2d 924

EMILY S. HOPKINS, PLAINTIFF-APPELLANT/CROSS-RESPONDENT. v. FOX & LAZO REALTORS, JACK BURKE REAL ESTATE INC., STEVE FIELDS, PAT GUERRY, DOUGLAS M. SONIER AND BARBARA A. SONIER, HIS WIFE, DEFENDANTS-RESPONDENTS/CROSS-APPELLANTS. AND JOHN GARVER AND SUSAN GARVER, HIS WIFE, U.S. HOMES, AND MORGAN M. DAVIS, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 2, 1991.


Attorney(s) appearing for the Case

Devlin, Cittadino & Shaw, attorneys for appellant/cross-respondent (John G. Devlin, on the brief and reply brief).

Charles Peter Hopkins, II, attorney for respondents/cross-appellants (Charles Peter Hopkins, II, on the brief).

Arthur M. Greenbaum, of counsel, Douglas K. Wolfson and Judith Mendelson Richman submitted a brief on behalf of amicus curiae New Jersey Association of Realtors.

Before Judges PRESSLER, SHEBELL and D'ANNUNZIO.


The opinion of the court was delivered by PRESSLER, P.J.A.D.

This appeal raises the issue, novel in this jurisdiction, of whether a real estate broker in possession of residential premises which it is attempting to market for its principal by inviting the public to an open house has a duty to warn its invitees of a dangerous condition of the premises of which it knows or, by a reasonable inspection, should know. We hold that such a duty exists, and consequently we...

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