Is it ever ok to enter a house without permission

**Jaded Seller** · 02-05-2010, 04:21 PM

I had a house for sale and the buyer's agent let the buyer in the house to install utilities, paint, and store items without permission, a liability waiver form, scheduled settlement date, or mortgage committment letter/approved financing. What recourse do we have? Is this ever ok?

I understood lockboxes are installed to allow preapproved appointments to enter the house. How could it be ok for this agent to leave the guy in the house alone with the utility installer? Fortunately a nosy neighbor called their bluff and told them to leave, called the listing agent, and us to let us all know what was going on. The buyer's agent did call the trespasser and ask him to leave.

My questions for professionals are this: 1. When would it be ok to allow a prospective buyer to enter a property without permission and then leave the prospective buyer alone on the property without permission? 2. If it's not ok, what recourse do I have? Thank you for your help!

**Moore** · 02-06-2010, 04:38 AM

I think it's OK to let a prospective buyer to enter a house and you can leave him or her there for some time, but not to install something or to repair something. Nevertheless try to change your agent.

**Chrisopher Moltisanti** · 02-06-2010, 04:50 AM

Yeah, it's ok to let a prospect in to look at it, maybe even leave them alone (BA is outside, not in Pathmark food shopping). Maybe the BA was scammed? Maybe he was told by this prospect something along these lines: "I'd like to see it, show me. We're going to be a while, could you come back later?" And he did just that. Maybe he's just a little too trusting of people? -can't imagine why...Something like this: "Look, buddy, I have to get in there to repair this. I'm really tired and want to go home and really couldn't care less who you call to check it out...." And the BA didn't because he's too trusting.

But, nonetheless, what's done is done. This someone repaired something? Installed something? Was it something you needed?

Instead of "looking for recourse" why not confront the BA and ask what happened. Hmm?

CM

**Greg** · 02-08-2010, 06:37 AM

What you described should not happen. Now you are responsible for that person's possessions. If they damage the house while they are working on it they will expect you to pay for it. They were trespassing.

Have your agent remove the lockbox to keep this from happening again. Have your agent set up a time for the BA and their client to be there with your agent to remove their stuff.

If you can prove the buyer agent let these people in then you can file a complaint with the MLS. They have rules aginst this type of activity. Ask your agent.

**BucksCountyRealEstate** · 02-08-2010, 07:29 AM

I don't think it's ever ok to let the buyer in the house without permission. If the buyer wants to get into the house and work on the utilities, paint, etc., the buyer needs to sign a Pre-Settlement Possession Addendum. This will release the sellers from any damages made by buyers.

What happens if the buyer falls and cracks his head? You gotta have something in writing.

**joshthomas80** · 02-13-2010, 12:38 AM

Everyone is so trigger happy when it comes to real estate transactions.

First of all, was the prospective buyer in the house because he put it under contract?
I can't imagine why else he would be in there trying to fix something.

If this is the person that will be buying your home, pick up the phone and have
a conversation with him. Unless you want to kill the deal altogether. Then you
could find your recourse and pursue that. But, no one really wins in that scenario.

Instead of the 5 minutes it took you to find this forum and post a rant, you could
have already cleared up any confusion by talking to the other party. I mean no
disrespect by that, just that you should focus your energy more on solving the
problem than pointing the finger.

You will be happier in life if you do that.

If nothing was damaged and no laws were violated, I wouldn't imagine any complaint
being worth the effort. But that's just my perspective.