Can a homeowner that is under contract refuse to show their home because they are having second thoughts?

Asked by Susan Hall, Indiana Tue Feb 10, 2009

My husband and I are very interestedin a home but the owner will not return calls to show it. They are under contract but have a clause to only show the home when they are present. They have refused to answer calls and now the homeowner has a meeting with their realtor to discuss it stating personal reasons. Do we as buyers have any recourse?

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Dana Schuster, Agent, Slidell, LA
Tue Feb 10, 2009
need a bit more info,please...The owner has a contract with whom? With you or another buyer?By contract do yu mean a listing agreement? Whose calls are they refusing to answer?
1 vote
Erik Armstro…, , 47802
Tue Feb 10, 2009
As far as “not being able to view the home” I don't believe you will find recourse, but if you wish to pursue you could consult an attorney that specializes in real estate law. Even police officers need a warrant or probable cause to enter a home though and it doesn’t sound like it’s that serious. In real estate we just ask permission.

I have read cases where legal recourse was reached when a seller has second thoughts after accepting an offer but that’s not the case here.

If the homeowner is having second thoughts then perhaps its best that they don’t let people see the home until they have had that discussion with their REALTOR®. Selling a home can be just as or even more emotional then buying a home. Weighing the potential profits against the memories of raising your children in a home can be a hard toll for some.

Also, keep in mind that we are all people…perhaps there is a very personal or much more important family situation that they feel deserves more attention then selling their home. You might try contacting their agent and see if they can give you any insight as to weather this home is going to continue to be on the market or if they plan to take it off the market?

Best wishes,

Erik Armstrong
Century 21, REALTOR
0 votes
Joe Shoemaker, Agent, Indianapolis, IN
Tue Feb 10, 2009
You are at the mercy of the Sellers. They neither have to show nor accept any offers on their property, even if it's listed with a Broker.


Joe Shoemaker
Principal Broker
MacDuff Realty Group
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