Is it illegal for an agent to send her husband to look at my property with her clients?

Asked by Rnadler, 32257 Sat Mar 12, 2011

I had a man enter my home with no appointment and he was the agents husband and not an agent hiself. I kicked him out but want to know if it was illegal what he did.

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Donald Price, , Orange Park, FL
Sun Mar 13, 2011
Here is the phone number to Northeast Florida Association of Realtors 904-394-9494. Give them a call and tell them what happened. I recommend you getting a new Realtor ASAP. As a REMAX Agent, that would never happen. Feel free to contact me with any questions
2 votes
Shirley Dugg…, Agent, Jacksonville, FL
Wed Jun 8, 2011
In Florida, what you are describing sounds like a violation of license. You must be a licensed agent to show property. An unlicensed assistant may meet another person at the home and give them a key (if approved by the seller and I would think, seller's agent's broker) or deliver written property information to view the property, but the unlicensed party is not suppose to take someone in and show the property.
1 vote
what if that person is the husband of the licensed realtor and they own the property together. The property is listed with the broker she works for
Flag Sat Mar 26, 2016
Kathy Weber, Agent, Murrieta, CA
Sun Mar 13, 2011

In CA all licensed agents are even Live Scanned during the licensing process. This basically does a "back ground" check on the agent.

It alleviates the concern of "who" you're allowing into your home.

I totally agree with the comments below!

Contact that agents Brokerage + the MLS board - if the agent is allowing this to happen to you, you can rest assure it's happening at other times!

When someone comes to your home, NO BUSINESS CARD - NO ENTRY! If no picture on the card, ask for ID.
Web Reference:  http://www.WeberHomes.Info
1 vote
Robert Brace…, , Jacksonville, FL
Sun Mar 13, 2011
I'm surprised no one said call the police! If someone walks in your home, unannounced and uninvited there is a huge problem. How did they get access to your home? Did the agent wife give her husband her supra key and tell him how to use it, or did she give him the combo to the lock box?
1. Call the police and report this, and have the man arrested for trespassing! He'll learn.
2. Call the agent that is representing you and have them get all of the contact info for the agent responsible.
3. Then call the Florida Real Estate Commission (FREC) to report this problem. (850) 487-1395.

If it was my home, they wouldn't have walked back out the front door!
1 vote
Alma Kee, Agent, Tampa, FL
Sun Mar 13, 2011
Also send the Real Estate firm a bill for the cost to change your locks!
1 vote
Alma Kee, Agent, Tampa, FL
Sun Mar 13, 2011
Wow! How unprofessional to enter your home without an appointment and worse that someone that is not licensed has access to a key to open up your house!

You may want to immediately change your locks and request that your listing contract is cancelled and find another more ethical agent to represent you. If your agent is doing this, what else are they doing? I would think there would be very little trust at this point.

Good luck and how frightening.
1 vote
Carol Zingone, Agent, Atlantic Beach, FL
Sun Mar 13, 2011
Rnadler -

This is potentially an ethics violation by the agent, as well as a potential professional standards violation.
Only licensed individuals can show properties, so the answer is no, the agent's husband cannot show the property.

I would contact the local board if you are interested in pursuing the agent for these infractions; it is up to them to determine if she did violate our codes of ethics and professional standards, and what the punishment is for this behavior.

And, in the future, don't open the door to a stranger who does not have an appointment!

Good Luck!
Carol Zingone
Broker Associate
Prudential Network Realty
Web Reference:
1 vote
Brian Hewitt, Agent, Jacksonville, FL
Sun Mar 13, 2011
I am supprised at some of your answers. Showing the property is defined as demonstrating the property. Unlicensed assistants are not exempt. If the husband is not a licensed associate. (The word agent brings on a whole different meaning as we are assumed transaction brokers here in NE Florida) then he and the associate are in violation.
1 vote
Blaine Rabe, Agent, Jacksonville, FL
Sun Mar 13, 2011

It is against the rules. If she had confirmed it with your first, and allowed you to make a decision, then maybe.

Blaine Rabe
1 vote
Mack McCoy, Agent, Seattle, WA
Sat Mar 12, 2011
Unlicensed people cannot show property, and only the assignee of an MLS key can access a keybox. We can't touch "legal" here, but unless the agent's husband is a licensed real estate agent, he had no business opening your door.
1 vote
Annette Law…, Agent, Palm Harbor, FL
Mon Feb 23, 2015
This question posted Mar, 2011.
0 votes
Dianne Zotto…, Agent, Holden, MA
Mon Feb 23, 2015
This person may or may not have been the agent's husband. You did the correct thing by not allowing anyone into your property without an appropriate appointment. This could have been an attempted burglary! I would also write down vehicle license plate numbers and call the police.
0 votes
Lori Boyd, Agent, Jacksonville, FL
Mon Feb 23, 2015
Wow! Not even licensed and entering without an appointment? That is trouble. I'd contact the agent's broker immediately and then hire a new real estate company.
0 votes
Jim Sparkman, Agent, Keizer, OR
Sun Jun 5, 2011
In Oregon, you must be licensed in order to show properties while acting as an agent's representative. I would be hesitant with going directly to the powers that be though without talking to the agent's broker. We live in a sue happy nation!
0 votes
Jack Martin…, Agent, Cape Coral, FL
Tue Mar 15, 2011
It's my understanding that in Florida an unlicensed person can not show property. You may want to report the incident and the agent to FREC at 850-487-1395.
0 votes
Spirit Messi…, Agent, Tucson, AZ
Sun Mar 13, 2011
I would suggest you contact the agent's broker to review with them, and then if you are not satisfied you can contact the DRE in your state, here is Arizona it is the ADRE (Arizona Department of Real Estate). If she is a Realtor, what she did is a violation, and far as a breach of ethics for your state, I am not practicing there. If that happened here in Tucson, AZ she could very well lose her license and at least her right to use a Key Safe as that is a violation. If it bothers you, you have the right to be heard. Best of luck.

0 votes
Brenda Feria, Agent, Richmond, VA
Sun Mar 13, 2011
Rnadler, Every agent who is a member of the real estate association must adhere to the rules and regs of that particular association. Agents wanting to show a property must get prior permission to enter a property listed for sale in Multiple Listing. I don't blame you for kicking him out. I always tell my clients (Owner-Occupant Sellers) never to allow anyone in their home if I have not confirmed their appointment previously.

If the agent's husband is a licensed realtor and is using his lock box key to enter the property, that is allowed but not without getting permission from you to do so. If he is not a licensed realtor and/or he is using her Lock Box key, there lies the problem. A licensed realtor may not allow another realtor or anyone else to use their lock box key.

I am not an attorney so I do not know what is illegal or legal here, but what happened was at the very least unethical.
0 votes
Bill Eckler, Agent, Venice, FL
Sun Mar 13, 2011
You are correct in questioning this act and have a good reason to be concerned both for yourself and others. We strongly recomm a two step procedure.

First contact their broker to explain this event and get their reaction. At this point it may be instrumental to indicate that you intend to present your concern to the local board of realtors.

Secondly, if not satisfied with the brokers explanation or level of support, contact the local board of realtors and ask to report a violation of professional ethics and standards.

Good luck,

0 votes
Jim Paulson, Agent, Boise, ID
Sun Mar 13, 2011
I can't speak for your state and your MLS; however, here in Idaho, it would be against our MLS rules for anyone to share their lockbox key/code with anyone (spouse included). Because of the trust given to use the MLS lockbox system, every Realtor in Idaho has had to go through an extensive background check including fingerprinting to provide the property security. I can't share my code or lockbox key with my spouse, with an assistant or anyone here! I can't even give it to my appraiser or home inspector. It is assigned specifically to me for my personal use.

I suggest you file a complaint with the local board of Realtors and the MLS system too!
0 votes
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