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Can My Buyer Have Access to Their Soon to be Home Every Day and Twice on Sunday?

By
Real Estate Agent with Atlanta Communities Real Estate Brokerage GREC #208281

Your buyer is excited about the house they have under contract and can't wait to get in there and make it their own.  It seems like they want access to the home just about every day in order to take measurements, meet with repairmen, meet with designers and so on and so on.

Some sellers start to get annoyed with all of these requests and sometimes push back and say no more.  They shut down any more buyer visits except for the final walk-through before closing.

Can a seller deny access to their under contract buyer?  At first blush one might think that since it's still the seller's house, they have control of who they allow in and how often and at what time they allow access.

Many sellers haven't read their contract that they signed with the buyer and even if they have, they probably didn't think about what they were actually signing up for.  They were just so excited about getting a contract signed off and never thought about all of the little details.

So let's go to the contract and see what it says about the buyer's right to access the property.  This is from the Georgia contract but I bet there is similar verbiage in other state's contracts.

10. Inspection.
A. Right of Buyer to Inspect Property:

Buyer and/or Buyer's representatives shall have the right to enter Property at Buyer's expense and at reasonable times (including immediately prior to closing) to inspect, examine, test and survey Property.

So what are reasonable times?  I guess that would be something for a judge and jury to decide.  But I would think that everyday and twice on Sunday could be deemed to be reasonable.

So what do you do when the seller refuses to allow access? 

  • You can make them aware of what they agreed to in the contract.
  • You can tell them that they are in default of the contract.
  • If they say they don't care and that they'll find another buyer, you can tell them that would be fine but that since they are in default of performing their contractual obligations, you will be suing them for your commission as per the contract.
  • Court cases take a long time. Do they want their home tied up in court and unable to be sold until the court case is decided?

17. Default.

in the event the sale is not closed because of the failure or refusal of Buyer or Seller to perform any of their respective obligations, the defaulting party shall pay the Broker(s) the full commission the Broker(s) would have been entitled to under the Listing Agreement (incorporated herein by reference) had the transaction closed. The Selling Broker and Listing Broker may jointly or independently pursue the defaulting party for their respective portions of the commission.

 

Ask them if they really want to go down that road. 

Tell them that they should run it by their attorney.

I bet they will change their tune and your buyer will have the access that they contracted for.

Posted by

 

 

About the Author:  Tim Maitski has been a full time Realtor since 1999. He has sold several hundreds of homes in areas around metro Atlanta.  Tim started with RE/MAX Greater Atlanta and is now with Atlanta Communities Real Estate Brokerage.

 

Along with blogging on ActiveRain, he provides one of the best real estate websites in Atlanta at www.HomeAtlanta.com .

 

His proprietary  "Maitski Line Reports" chart out the absorption rates over the past 14 years in 37 different market areas.  Know when it's a good time to buy or a good time to sell.    

 

His online Property Tax Calculator allows you to compare property taxes in many counties and cities around the Atlanta area.  He provides the Atlanta MLS Power Search Tool that allows searches of homes using over 35 specific criteria.

 

Over the years, Tim has optimized his business so that he now can offer a huge 50% commission rebate to his buyers.  The more experience one gets, the easier the job becomes.

 

Tim also has a "Five Days to Sold" System that uses an intensive marketing blitz to create a showing frenzy that creates urgency and offers.

 

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Diane Casale
Coldwell Banker First, Huntsville, AL - Huntsville, AL
REALTOR®, ABR®, CNAS®, SNP, Selling North Alabama

This is a very touchy subject. I totally understand the buyer being excited about their new home but they also need to understand that the seller is still living in the property trying to move forward with their lives and probably packing to sell. Yes, the Buyer has a right to inspect, etc. but the buyers agent needs to try to keep the appointments together and make it convenient for the seller as well. There has to be a happy medium. Thanks for the post-really makes you think.

Sep 18, 2010 03:26 AM
Mike & Cindy Jones
Florida Homes Realty & Mortgage - Jacksonville, FL
Real Estate - (904) 874-0422 - Jacksonville, Fl

I think buyers should be considerate of a homeowners time and privacy. I've had buyers who want access to a house (after contract) to measure for blinds...then go again to measure for furniture....then go again to get painting estimates...then go again to get flooring estimates....then go again to show their parents..and then go again to show their kids, and so on. The best thing to do whenever possible is do ALL these things at the time the home inspection is done and typically that is a 2 - 4 hour window of time to take care of it all at one time. Just sayin'

Sep 18, 2010 03:26 AM
Don Sabinske
Don Sabinske, Sabinske & Associates Inc. - Zimmerman, MN
Sabinske & Associates Inc.

I had one buyer of my seller's property that spent over four hours in the home with all the relatives and friends they could muster.  I don't know if it was "party time", but they ended up canceling the agreement.  Hmmm....

Sep 18, 2010 03:30 AM
Rodney Mason, VP of Mtg Lending
Guaranteed Rate NMLS# 2611 - Atlanta, GA
AL,AR,AZ,CA,CO,FL,GA,IN,MI,MS,NC,NV,SC,TN,TX,VA,WA

This is a very sensitive topic.  Buyers do need to realize that every time they want to go back to see the property, they may be inconveniencing the agent and the sellers.  Trying to get all of the measuring, photos, friend/relative visits done at once is the best plan.

Sep 18, 2010 03:34 AM
Dan and Amy Schuman
Howard Hanna Real Estate Services - Solon, OH
Luxury Home Specialists

I agree with Mike and Cindy above and we specifically tell our buyers that it is best to use the inspection time to have contractors, friends, and relatives get into the home. Our contract does not give the buyers an open door policy to the home but I do see that it can be a tricky topic everywhere. I find it best to define standard protocol up front so the buyer doesn't expect unlimited access. From a listing agent perspective, not a lot of good can happen by allowing a buyer to keep coming into the home.

Sep 18, 2010 03:46 AM
Tim Maitski
Atlanta Communities Real Estate Brokerage - Atlanta, GA
Truth, Excellence and a Good Deal

I'm not advocating that buyers keep going back and making themselves a pest.  But they do have that right in the contract.  Sellers need to know what they agreed to.  Maybe they could make a special stipulation defining what reasonable times are.

I've had some sellers think that they could deny a buyer any access to the house after the due diligence period. 

Sep 18, 2010 08:30 AM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Tim,

Excellent post. I think it is very important to understand that that you can't rn everything on emotions.

I "suggested" it

Sep 18, 2010 04:48 PM
Iran Watson
Georgia Elite Realty - Marietta, GA
Marietta Real Estate Agent - Photographer

"Buyer and/or Buyer's representatives shall have the right to enter Property at Buyer's expense and at reasonable times (including immediately prior to closing) to inspect, examine, test and survey Property."

Ya, the tricky part here is the word 'reasonable'.  My question is why would a Buyer need to visit the property everyday and twice on Sunday?  Why could they not schedule everything to be done over the course of one or two days?  It doesn't take 7 days to do a home inspection, nor does it take 7 days to measure rooms.  If all this due diligence is to be done at the Buyer's expense why could they not pay to have vendors there at a certain time.  Not only that but the verbiage in that statement all seem to point back to inspection issues.  Measuring for curtains and comparing paint colors is deviating from that, is it not?

Personally I would tell the Seller to do whatever it takes to get the deal done, especially in this market.  Let the Buyers come everyday if that is what it takes.  Is it too much to ask to have their visits organized so that 8 trips is not necessary? 

Sep 19, 2010 05:57 AM
Tim Maitski
Atlanta Communities Real Estate Brokerage - Atlanta, GA
Truth, Excellence and a Good Deal

Iran,  Of course it's best not to be a pain in the butt.  You are right that the key word is "reasonable". But I"m not too certain that it has to be tied in to inspection issues since it isn't under the due diligence paragraph. I used to think that too but then I heard an attorney teaching a contract class say that it wasn't so. 

I've had sellers who have basically forbid any additional visits to the house after the due diligence period is over. This is what I'm addressing here.  Run this by an attorney and see what their opinion is.  I bet they say that "reasonable" is a lot more often than most sellers might think.

To me, it's a little too vague.  Which might lead you to want to avoid sticky situations by defining upfront what times the seller is willing to allow access to the house.

 

 

Sep 19, 2010 07:09 AM