Home Selling in Camarillo>Question Details

sarahmelina, Renter in Camarillo, CA

Agent allowed buyer into home without our permission before closing

Asked by sarahmelina, Camarillo, CA Sun Jan 5, 2014

Our agent is both the selling agent and the buying agent. The buyers are her good friends. We move out of our home about a month ago so the house is vacant. Escrow is set to close next week and when I went by our house, there were painters and workers in the home doing work. I never gave permission for the buyers to be in the home, let alone do work on the place. When I asked our agent, she said she didn't give them permission or the keys, but that's unbelievable seeing that I gave her all of our keys to the home. What can I do about this? Is this something she can allow?

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11
and when you "went by" and saw people in "YOUR" house what did you do at that time????

I think you want the buyer at closing next week, not behind bars. close before you follow up on the unauthorized entry into your home.
2 votes Thank Flag Link Sun Jan 5, 2014
"This is one of the many pitfalls of Dual Agency"

What a stupid remark. The fact the agent either let these people in or allowed them to enter is wrong and creates a liabilty for the seller. But has nothing to do with dual agency.

"The advice to repaint the house blood red is problematic as the walk through is supposed to verify the house is in the condition when the offer was made. This would create liability on you the seller"

This remark is just as stupid. The point was to either make a point about it now when the home is still the sellers, or just move on with it.

Ted, how about you answer questions in californina where you may be interpreted as a smart guy.
1 vote Thank Flag Link Mon Jan 6, 2014
I would have to agree that this could potentially happen with any transaction and has no exclusive link to "dual agency."
Flag Tue Jan 7, 2014
Wow, pre-possession is a huge liability for the broker and also very un professional. Friends or not, business is business and I learned a lot of years back that absolutely not 1 thumb tack gets moved into a house until it records and is "officially" the buyers... So many things can go wrong at the last second and the loan crumbles, so now you have a squatter in a property that doesn't belong to them... This is a brokers nightmare . (one of many)
1 vote Thank Flag Link Sun Jan 5, 2014
Isn't it possible that they found a way to access the property without the agent's assistance?

The agent may not have provided access BUT she certainly knows that this is highly inappropriate. Her responsibility now...is to put a stop to it!

This may need to be reported to the local police dept.

Good luck,

Bill
0 votes Thank Flag Link Tue Jan 7, 2014
Reporting issues to local police may turn a home into a crime scene and you might not be able to sell it. However, talking to a lawyer is a good idea.
Flag Wed Jan 8, 2014
This is one of the many pitfalls of Dual Agency - when the agent represents both buyer and seller. Contact your agent's Broker first thing tomorrow get all keys back to the property and set a date for the walk through with the buyer. Unfortunately I am not sure how much discipline you can get. A complaint to the Board of Realtors may be an avenue of recourse.

Close Escrow, keep the sale moving forward. Yes, your agent's duty to you has been breeched, but in the long run if you close and you are still not satisfied, then the courts or arbitrator will ask how you have been damaged. If you can't prove damages, it will be hard to get much recourse out of this bad situation.

If you don't close due to the buyer's breech and the buyer has waived all contingencies, then the liquidated damages clause will kick in if initialed by both buyer and seller, plus you will have the the ability to pursue the buyers in small claims for repainting.

The advice to repaint the house blood red is problematic as the walk through is supposed to verify the house is in the condition when the offer was made. This would create liability on you the seller.

Just an FYI - if your house was built prior to 1978, then who ever is doing the painting on more than 20 sq ft, needs to be a State-Certified lead professional verified through a CDPH lead-related construction certificate.

Ted Mackel
Broker
01224852
http://www.homebuysblog.com
0 votes Thank Flag Link Mon Jan 6, 2014
Sarah,

If you are that appalled and concerned with the situation, call the police. As of now you still own the house and did not give permission for the people to be in the house. Call the police. It is your right.

I see people in all situations wanting to stay in control and at this moment it is still your home, you can do as you wish. Go in and re-paint. you still own the house, paint it blood red. Make the point that you feel you need to make. otherwise, close the house next week and move on.
0 votes Thank Flag Link Mon Jan 6, 2014
Get it closed before you do anything about it. Don't deep-six your deal now and have to start over because people get their noses out if joint. Make sure you obtain all the keys in the Realtors possession now.
0 votes Thank Flag Link Mon Jan 6, 2014
I would talk to the agents Broker of Record
0 votes Thank Flag Link Mon Jan 6, 2014
Hi Sarahmelina,

I'm sure, by now, you've already expressed your concerns to your agent and I hope a resolution has been achieved. Either way, you may consider posting a "notice of non-responsibility" for the work performed on the house. A simple internet search can fill you in.

Best wishes,
Kevin Paffrath
(805) 727-3239
http://www.MeetKevin.com

Watch my 30-second TV commercial at: http://youtube.com/watch?v=-j9KBCLgUH0
0 votes Thank Flag Link Mon Jan 6, 2014
For a situation like this, I would go to your Realtor's Broker plus your local Real Estate Association and thirdly a Real Estate Attorney.
0 votes Thank Flag Link Sun Jan 5, 2014
I would recommend asking the contractors how they got access and asking them to leave. You can also discuss it with the agents Broker/Manager if you are not satisfied with the agents info. The local board of realtors and the BRE are also avenues that can be considered however that is time consuming and full of negative energy. Often times as hard as the agents try clients will do things agents have tried to keep them from doing.
Although you say the agent and buyers are friends the buyer may have gained access without the agents knowledge. Sense you trusted the agent enough to hire them I would suggest you continue to trust them until you can be sure they no longer deserve it.

Good luck soon your house will be sold and you will have the money and can mov on which is your real goal...
0 votes Thank Flag Link Sun Jan 5, 2014
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