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.
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