Is P&S contract breached if Buyer's contractor enters property without the buyer's agent present It states in P&S that agent must?

Asked by Daniel, Mabank, TX Fri Jun 4, 2010

be present.

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Louis Wolfs…, Agent, Needham, MA
Tue Mar 10, 2015
It is difficult to determine based on the information you have given. That said, I assume that the buyer / buyers agent / contractor got permission to enter the property from either the seller / sellers agent.

If not then they could be considered to be trespassing.

Would it be grounds to not perform under your contract, I would ask my legal counsel.

If you decided not to proceed with the contract based on this, you could be tied up in court for a long time, with large legal bills.
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Lisa Fitzger…, Agent, Reading, MA
Mon Mar 9, 2015
When a property is under contract by P&S, the general answer (without knowing the specific terms of the contract...) is no one other than the Seller has rights to access a property unless agreed to by all parties and should follow the provisions set forth in the P&S. In MA - it's common practice that the Seller/Buyer or one of the real estate agents will be present if a contractor needs access to a property. That's also a healthy practice and a safeguard. But when it comes to a question regarding one of the provisions in the P&S - that would be a question for one of the attorneys involved in the transaction.
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Kevin Vitali, Agent, Tewksbury, MA
Fri Jul 9, 2010
All contracts are different. In general, the buyer or representative of the buyer has no right to enter a home in which they have a contract on without permission from the seller unless the contract states as such. I would notify your agent and let them deal with it. Is it a breach? probably not.... is it illegal? probably....

Question is do you really want to break an accepted contract and was any harm done?
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Dan Tabit, Agent, Issaquah, WA
Fri Jun 4, 2010
Do you want the contract broken? There is too little information to give you a clear answer, and technically this is a legal question. How did the contractor gain access if the buyers agent wasn't present?
If you are looking for a way out, document the incident and take your contract to an attorney for an opinion. If you are upset but want to proceed, tell the buyers agent to comply with the terms of the deal or you are tempted to void it. Good luck in your sale.
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