Do sellers deserve to be asked or do realtors just grant permission?

By
Managing Real Estate Broker with Flexit Realty "Flexible Home Selling Solutions"

I work both sides of transactions, usually not at the same time!  I see things happen that I am shocked and surprised with from time to time. 

This just happened and I was stunned.  We do not have a executed agreement.  One is in the works at the counter offer stage.  The seller is traveling out of state so the buyer asks the sellers agent if they can have access to the property to measure and bring in a decorator.  The agent responded, "sure just make sure the lights are out and the property is locked when you leave".

Now the neighbor calls the sellers and says, "hey you have six cars at your house the garage doors are open, people are coming and going is your home sold"?  No we are still negotiating and have a counter offer in the works nothing is finalized.  So she calls the Realtor and says do we have a showing?  No, responds her agent.  The buyers wanted to show a few friends and bring by a decorator....I told them it was OK you were out of town.  I will swing buy and make  sure the lights are off and everything is locked.  The agents says, "don't worry everything is OK.

security sign  The seller said it is not OK if you would have asked me I would have said "NO".  They have not bought the house and we do not have a completed contract. 

I know the seller personally and was present during this conversation.  The seller is out of state away on a family emergency and people are in her house.  They have expensive cars and the garage doors are open...why? Who knows the sellers agents sure doesn't what is going on.  The seller said, "I wished I had a shock collar to get his attention, then he would learn to pay attention to who he represents".  I thought that was a very good observation.  The agent represents the seller not the transaction.  The obligation is to the client and then to make sure the transaction is completed in the best interest of the seller.

Do you let buyers roam property when you have not completed the contract?  I find that buyers may see things they may not like and could backout of the contract since it is not fully executed.  Or the buyers could ask for an addendum to make changes since the contract is still open.  The other issue is I do not want to be liable for any damages that may occur to the property because I authorized access without the sellers knowledge or approval.

I ask my sellers in advance how to handle issues if they are out of town.  Not all agents have common sense, so sellers will have to go by how much they trust the agents representation before they release all their rights.

How would you handle a situation like this?  This seller put a fax in writing and said ask permission before granting access to anyone other than a showing to sell when they are out of town.

Do you do this?

close

This entry hasn't been re-blogged:

Re-Blogged By Re-Blogged At
Tags:
getting sellers approval before anyone views property
do sellers deserve to be asked
who protects the sellers

Anonymous
Post a Comment
Spam prevention
Spam prevention
Show All Comments
Rainer
47,235
Benny mckee
Greenway Financial - Gainesville, VA
First thing is I would be with the buyers, while they were there....but of course ask the seller, they were there alone??  strange.
Sep 12, 2007 10:42 PM #1
Rainer
103,798
Rosario Lewis
DDR Realty - Newburgh, NY
GRI, SRES - DDR Realty - Orange County, NY
I have a deal under contract, and we are very  close to closing. Even so, when my buyer client asked to go to the property to take measurements. I notified the sellers agent and remained with the buyer throughout their visit to the property. I cannot imagine allowing the buyer to be there alone.
Sep 13, 2007 12:54 AM #2
Rainer
339,851
Kris Wales
Keller Williams Realty - Lakeside Market Center - Macomb, MI
Real Estate Blog & Homes for Sale search site, Macomb County MI
Gary, if the sellers original showing instructions specified that they were to be notified of all showings AND give their permission then this agent was waaaaaay out of line.  That seller has every right to be angry and should have a nice little talk with their agent.  In my opinion since there wasn't an executed contract in place it was another showing.  If the buyers agent had called me and said "Mrs Smith would like to go through the property again with decoraters" I would have told the agent the same thing I would tell any agent calling for a showing.  "I will talk to my clients and get back with you."
Sep 13, 2007 03:59 AM #3
Rainer
67,172
Keith Perry
Coldwell Banker - Hiram, GA
REALTOR - West Metro Atlanta
The agent definatly should have spoken to the seller before allowing the buyer back onto the property. I know of an agent who held an open house with permission while the seller was out of town. Her husband and children came by and started a car wash at the home. The neighbors told on them...
Sep 13, 2007 05:12 AM #4
Rainmaker
633,927
Brian Block
RE/MAX Allegiance, Managing Broker/Branch Vice President - McLean, VA
Northern Virginia & D.C. Real Estate
Gary, agents definitely need to ask the seller for permission.  After all, we are agents in the transaction, not the principals!  It's enough that we have lockboxes on their doors granting every Realtor access to the seller's home -- we can't just grant blanket permission to everybody.
Sep 13, 2007 06:28 AM #5
Rainmaker
1,932,208
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel
We should ask sellers permission at all times. Even if they are out of town, we have no right to give permission without the seller's knowledge or approval for showings.
Sep 13, 2007 06:42 AM #6
Rainmaker
605,954
Teri Eckholm
REMAX Results - White Bear Lake, MN
Acreage & Lakeshore REALTOR Minneapolis St Paul

Gary--This is terrible. I think the code of ethics addresses the issue of showings etc. The agent should be present. How did they get in? Do you have electronic boxes so an authorized person must be available to get the key? It has eliminated many of the situations you describe since being put into use in the Twin Cities! Call the other agents broker...This does not seem right.

Sep 13, 2007 07:30 AM #7
Rainmaker
1,072,241
Gary White~Grand Rapids Home Selling Pro Call: 616-821-9375
Flexit Realty "Flexible Home Selling Solutions" - Grand Rapids, MI
Real Estate Services You can Trust!
Hi Benny, alone is a problem, not have the contract fully executed is another one.  I can understand if the seller is consulted and the contract issues are just a formality and have verbally agreed to the contract conditions.  When things are still under consideration or being evaluated this is not appropriate in my neck of the woods.  Thanks for the comment Benny.
Sep 13, 2007 01:18 PM #8
Rainmaker
1,072,241
Gary White~Grand Rapids Home Selling Pro Call: 616-821-9375
Flexit Realty "Flexible Home Selling Solutions" - Grand Rapids, MI
Real Estate Services You can Trust!
Hi Rosario, it is very surprising since the seller has some very expensive cars and antiques that can easily be damaged.  The only option is the seller's agent then assumes responsibility since they did not get permission.  Thanks for the comments Rosario.
Sep 13, 2007 01:20 PM #9
Rainmaker
1,072,241
Gary White~Grand Rapids Home Selling Pro Call: 616-821-9375
Flexit Realty "Flexible Home Selling Solutions" - Grand Rapids, MI
Real Estate Services You can Trust!

Hi Kris, the seller has some unresolved contract issues and were completely unaware that their home was being invaded by the buyers contractors and family members.  Then being left unattended is another issue.

Thanks for the comments Kris.

Sep 13, 2007 01:23 PM #10
Rainmaker
1,072,241
Gary White~Grand Rapids Home Selling Pro Call: 616-821-9375
Flexit Realty "Flexible Home Selling Solutions" - Grand Rapids, MI
Real Estate Services You can Trust!
Hi Keith, the neighbors called when they saw 7 cars parked on the lawn and driveway.  The garage door was up people roaming around.  They were concerned and surprised so they called the sellers to see what was up.  The neighbor knew the sellers were out of town.  The sellers were pretty surprised to find out that their agent had given permission without concern that the contract had not been formalized.  The other area of concern was the buyers were at the property without supervision.  Thanks for the comments Keith.
Sep 13, 2007 01:27 PM #11
Rainmaker
1,072,241
Gary White~Grand Rapids Home Selling Pro Call: 616-821-9375
Flexit Realty "Flexible Home Selling Solutions" - Grand Rapids, MI
Real Estate Services You can Trust!

Hi Brian, smoke cleared from the fire now?  I agree with your assessment.  I would not have granted access without contacting the sellers unless I had already set up a method to handle situations like this.  Un-supervised buyers could see things that may lead them to change a contract and then where would the seller be?  Since the contract is not formalized by the sellers yet another addendum can be written.  Thanks for your comments Brian.

Sep 13, 2007 01:32 PM #12
Rainmaker
1,072,241
Gary White~Grand Rapids Home Selling Pro Call: 616-821-9375
Flexit Realty "Flexible Home Selling Solutions" - Grand Rapids, MI
Real Estate Services You can Trust!
Hi Gita, I have had times where the sellers confidence in my judgement has given me latitudes.  I would never give un-supervised access to any of my clients property.  Thanks for your comments Gita.
Sep 13, 2007 01:34 PM #13
Rainmaker
1,072,241
Gary White~Grand Rapids Home Selling Pro Call: 616-821-9375
Flexit Realty "Flexible Home Selling Solutions" - Grand Rapids, MI
Real Estate Services You can Trust!
Hi Teri, we too have the electronic key box.  The buyers agent was granted permission from the sellers agent without the knowledge of the seller.  The buyers agent then let the buyers in and left.  The sellers agent instructed them to turn off the lights and lock up when they were done.  I have a problem with not asking since the contract issues were not resolved completely.  If everything with the contract had been resolved I do not think the sellers would have had any issues.  Thanks for your comments Teri.
Sep 13, 2007 01:41 PM #14
Rainmaker
640,198
Marchel Peterson
Results Realty - Spring, TX
Spring TX Real Estate E-Pro

Gary, am I understanding this correctly; the buyer went there with all his friends and family without having an agent present?  I can't believe that the buyer's agent would allow them to go in without him being present.  Even after it is fully executed I am always present when my clients go in to visit the house they are going to buy.

By the way I thought you were on vacation!

Sep 13, 2007 05:19 PM #15
Anonymous
Post a Comment
Spam prevention
Show All Comments
Rainmaker
1,072,241

Gary White~Grand Rapids Home Selling Pro Call: 616-821-9375

Real Estate Services You can Trust!
Ask me a question
*
*
*
Spam prevention

Additional Information