Question about buyer's access before the closing

18 years ago

We're selling my father's house. No one is living there right now. The house is mostly empty, but there is some furniture left in there that we have to get rid of. The house is under contract and the closing is in two weeks.

Yesterday, one of my brothers took his pick-up and drove to the house to move some of the remaining furniture out. When he got there, the female half of the couple that is buying the house was there, taking measurements. The real estate agent had given her the key. Apparently, she has had the key for some time. The real estate agent has not accompanied her to the house on her visits to take pictures or measurements.

Well, now we have an explanation of how windows in the house keep being left open, in Vermont, in the winter.

But is this normal? I realize it's kind of a moot question, as the closing is in two weeks. But should the real estate agent let the buyers have unrestricted, unsupervised access to the house before they own it?

Featured Answer

xamsx

18 years ago

Ummm no that is not normal. Even if the agent were to accompany her they should still have an appointment set up with you. You are entitled to deny access. Contact your RE agent and the buyer's broker. I would also make a complaint to your state board of realtor's. Demand the key be returned to you. Make sure the lockbox is off the door or empty (no key). If no one gives you satisfaction asap, have your real estate attorney contact the agents before the end of business hours today. I'd have the locks changed. Who knows if they made a copy?

What if someone is hurt on your property? What if someone does something goofy that causes damage to the house and then backs out of the deal? Liability, liability, liability.

And for all those that say it can happen any time, sure... but lessen the possibility.

Get on the phone now.

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Comments (12)

susana_2006
18 years ago
The same exact thing happened to me when I was selling my mom's house. If was in escrow, but I had been staying there for a weekend. All of a sudden the door is opened by a key and the entire extended family march in. They said that they had stopped at the realtor's office & picked up the key.

No one had contacted me in any way, shape of form.

The deal fell through a few days later.

I think that the realtor continued that with the next buyer, however, I was not in the area to be sure.
Susan
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User
18 years ago
One of my old coworkers had a house under contract and was set to close in a couple of weeks. She went back to see the house one last time before it was sold and there were a couple of men living in it. The realtor had said it was ok for them to move in early. I think my coworker ended up getting rent out of the deal. She was hacked, but was also afraid the deal would fall through if she didn't let them stay.
davidandkasie
18 years ago
i would change the locks NOW and send the realtor the bill for it along with a letter stating that if anyone needs access they must sign out the key from you.
cpowers21
18 years ago
That is absolutely NOT ok. The agent should not have given the key to the "buyers" (that's what they are, NOT owners). Unless stated in the contract, the day of closing is the day they take possession (ie. get the key). A quick call to the agent's broker should confirm this. The agent is taking a big chance by doing this. If there is any damage to the house (done by the buyer's coming in and out as they please), they could bring that up at the final walk through and want them fixed.

*I am a real estate agent, not an attorney or anything. This is personal opinion and should not be used as legal advice or guidance. (sorry, with the way the world is, this in necessary)
olga_d
18 years ago
Definitely not OK in our area. What our contract said was that after our offer is accepted, we are allowed to do one more visit (in case we need measurements, etc) plus of course the visit for the home inspection. Both of these visits needed to be arranged like a regular showing, with notifying the owners agent, etc. Also one of the agents had to be present with us.
housenewbie
18 years ago
Maybe she's 'accidentally' leaving the windows open so the pipes will freeze and they can get a discount.
terrig_2007
18 years ago
Definitely not ok in our area too. And in fact, might be illegal.
dreamgarden
18 years ago
davidandkasie-"i would change the locks NOW and send the realtor the bill for it along with a letter stating that if anyone needs access they must sign out the key from you."

I'd do the same thing. That realtor is a dolt.
sparksals
18 years ago
The same thing happened to my dad many years ago when he was selling some of his revenue properties. The buyer's realtor gave the buyer keys well before closing and dad found out about it. He filed a complaint with his broker as well as the Realty Board and the guy lost his license.

You are open to a bunch of liability if this continues. What if the pipes froze by leaving the windows open? YOU would be liable for the insurance issues since you still own the house.

Is there an update since the last post was a week ago?
newgardenelf
18 years ago
Not okay. I would definately have a conversation with your agent and the owner of the agency.
theroselvr
18 years ago
I see the OP doesn't have it so that email replies go to them so they may not have been back to check.

I would be fuming for sure.