ABDOLRAHMAN M. ADLOO et al. v. H.T. BROWN REAL ESTATE, INC., 344 Md. 254

Summary

The homeowners had listed their house for sale with the broker. The lock-box agreement facilitated the showing of the home, without either the homeowners or the broker's agent being present. The broker's employee provided an imposter with the lock-box combination. Consequently, the house was robbed. The trial court found in favor of the homeowners, but the appellate court reversed. On further appeal, the critical issue was whether the exculpatory clause in the lock-box agreement was sufficient to exculpate the broker from liability. The court found that it was not because it did not clearly, unequivocally, specifically, and unmistakably express the parties' intention to exculpate the broker from liability resulting from its own negligence. Under the objective law of contracts, the intent of the parties was determined by the language of the subject clause. The court agreed with the homeowner's contention that the clause was ambiguous and its scope was unclear. Thus, the intention of the...