I'm confused. How did this happen? Did you wake up one day and your agent was sitting there holding the house open? :D
I guess I'm a little surprised your agent didn't tell you they were scheduling open houses. Usually, the agent would WANT to tell you they were doing open houses as that's a GOOD thing, unless you specifically said you didn't want any open houses. And, did you not know because you don't live in the house or you were out of town when they were being held or what?
Hopefully, your agent has sufficiently apologized. I hope the agent's motivation was just to get your property sold, and the open house was a means to that end.
Let us know how this works out!!
I think the real question is why were you not aware, and did you specifically give them approval in the listing agreement and were not fully aware of it? I am with Keller Williams Classic Realty and we have a document all sellers sign at listing agreement time that clearly describes this, and the sellers either agree to open houses or not. I have policy to always make all clients aware of any open houses planned, and follow up with any details from the open immediately after unless I have been instructed otherwise by the seller of the property.
Kent Meister GRI,CNS
Keller Williams Classic Realty
If you were aware that your agent wanted to do an open house, would you have consented? And are we talking about an 'open house' or scheduled showings of the property?
Why would you sign a Listing Agreement without knowing what, where, when and how your agent is going to market your home? The agent works for you, tell them what you want.
The Marie Souza Team - Top Selling on Cape Cod
Cape Cod Real Estate Services
The legality of this question will likely need to be answered by an attorney. My broker requires me to have a form signed if I wish to hold open houses but it is possible that form is simply a CYA for the broker should someone become upset about open houses.
Find a good real estate attorney and see if they can't give you any guidance. I can't think of a specific statute that would forbid open houses unless otherwise authorized, but there are many nuances to the law. Not knowing for certain, our answer is to simply get the owners consent.
Coldwell Banker Burnet
licensed in MN