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Agent Ignores Requests To Remove Lock Box After The Close Of Escrow

By
Real Estate Broker/Owner with KD Realty - 408.972.1822 CA DRE#01366594

Agent Ignores Requests To Remove Lock Box After The Close Of Escrow

Photo of GE Supra Lock Box

 

After numerous requests to the listing agent to remove the lock box after escrow closed, the buyer (now new homeowner) took matters into their own hands.  

Is a lock box trespassing on the property after the close of escrow?

Requests to remove the lock box seemingly went ignored because day after day the lock box remained on the front door. The lock box was empty. The key in the lock box was removed and given to the new owner after the close of escrow when the buyer took possession.

Well over a week later the listing agent arrived at the property to remove the lock box and discovered it was gone. The agent sent me text message advising that the lock box was gone and asked me if I could arrange for them to get it back. 

What happened to the lock box?  I had no clue.  Come to find out, the new owner, my buyer client, removed the front door lock which then enabled them to remove the lock box from their front door.  The owner said she was sick and tired of waiting for the agent to remove it.  I certainly understand that. 

I actually think the solution was a creative one and pretty easy to do.  The owner has every intention of giving the lock box back to the agent. Now that I know what happened to the lockbox, of course I will facilitate arrangements for the agent to get it back.

What is your opinion? Did the owner have a right to remove the lock box?  

What would you do if the listing agent ignored requests to remove the lock box?

How long is too long to wait for the lock box to be removed before taking matters into your own hands?

Thanks for your thoughts on this. I imagine there will be vast and varied opinions on this matter. 

 

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Comments (141)

Rebecca Gaujot, Realtor®
Lewisburg, WV
Lewisburg WV, the go to agent for all real estate

Kathleen, I've never had this problem with lockboxes or signs....but certainly would stress out the owner I know it would me.

Jul 25, 2013 06:21 AM
Bob Miller
Keller Williams Cornerstone Realty - Ocala, FL
The Ocala Dream Team

Hi Kathleen, we have actually bought an investment property after having it listed for 6 months and the lockbox from the first listing that expired was still there!  We removed the hardware and threw it away.

Jul 25, 2013 06:50 AM
Peter Michelbach
International, IT
i Sell Real Estate

Hi Kathleen ~~~

reflecting upon this case, I would have:

  • texted, and phoned the agent and brokerage to remove the lockbox ASAP
  • send a bouqet of flowers and a box of chokalates to the seller with an apology

Overall, acting within the duty of care and ethical parameters, reflects great business acumen, responsibility and accountability of the brokerage. Thanks for posting, to your success

Jul 25, 2013 11:16 AM
Elisa Uribe Realtor #01427070
Golden Gate Sotheby's International - Berkeley, CA
Opening the Doors to California Homes -East Bay

I thought it was bad enough when the For Sale sign is still up after closing. The lockbox? Still on the front door after escrow has closed? Truly unprofessional and your buyer had every right to remove it. I probably would have done the same if I was a buyer and not in the business.

Jul 25, 2013 11:27 AM
Sal Poliandro - Helping People Win
RE/MAX Properties - Ridgewood, NJ
Broker Associate

Once listed a property that had been on the market 2 years earlier. Turns out the previous agent left their lockbox on. She had since left real estate and when I called her office, they were able to look up the code. I did the honorable thing and returned it to them. 

Jul 25, 2013 01:43 PM
Kimo Jarrett
Cyber Properties - Huntington Beach, CA
Pro Lifestyle Solutions

Doesn't the homeowner own everything on his property when escrow closes unless stipulated in the escrow instructions?

Jul 25, 2013 07:03 PM
Paddy Deighan MBA JD PhD
http://www.medicalandspaconsulting.com - Vail, CO
Paddy Deighan J.D. Ph.D

I cannot even fathom that an agent would do this...legally, the home owner can have it removed and the agent would be responsible for the associated costs

Jul 25, 2013 07:39 PM
Bill Morrow
Keller Williams of Central PA - Mechanicsburg, PA
Bill Morrow, Associate Broker

Honest mistake or irresponsibility on the part of the listing agent? My question is why did the new homeowner not contact you to have it removed? You are their contracted representative. Additionally I question your followup as a buyer's agent with your client after the closing.  Do you not call EVERY client after closing or stop by the new home to affirm that things are going well? You also dropped the ball.

Jul 26, 2013 12:42 AM
Anonymous
Emily Mintz

A combination lockbox can be removed by a buyer's agent who has the code to get a key out of it, but the electronic lockboxes are owned and controlled by the listing agents. There is no way for a buyer, buyer's agent, or anyone other than the owner of the lockbox to release the shackle if they don't have the lockbox owner's (listing agent's) keycard and pin. This is not a failure of the buyer's agent; it is entirely unprofessional on the part of the listing agent who couldn't be bothered taking care of his/her listing after he/she got paid.

Jul 26, 2013 02:01 AM
#132
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Everyone, thank you for your thoughts, insights, comments ... I greatly appreciate them.  It seems the overwhelming majority feel the new owner had the right to remove the lockbox and many felt cutting it off and throwing it away was a just cause of action.  

Jul 26, 2013 03:00 AM
Kathleen Lordbock
Keller Williams Realty Professionals - Baxter, MN
Keller Williams Realty Professionals

Done and gone- unless they have asked for an extension of that lock parking situtation due to being out of the country.

 

Jul 26, 2013 06:42 AM
Deleted Account
Fort Myers, FL

I think once the key is removed, there is no reason for a lockbox to remain on the home and should be taken off.  If the key is still there for some reason, the lockbox should be removed within 24 hours after closing.  If not, I feel it along with the selling agents sign belongs to the buyer.  Depending on when the final walk thorough is, I will either pick up the lockbox on the way to the closing or directly after it.

Jul 27, 2013 10:49 AM
Juli Vosmik
Dominion Fine Properties - Scottsdale, AZ
Scottsdale/Cave Creek, AZ real estate 480-710-0739

I will offer to remove the lockbox if the listing agent wants to give me their shackle code.  Then, I'll either put it in an inconspicuous spot at the front of the home or take it to my office.  However, the last time I offered to do this, the agent asked me to drive it to HIS office, which was like 20 miles away.  Sure, if youll meet me there with a $20 bill to pay for the gas and my time!!!!!  

Jul 28, 2013 12:43 AM
Marnie Matarese
DWELL REAL ESTATE - Sarasota, FL
Showing you the best of Sarasota!

I am with you Juli.  I always offer to remove the lockbox during the final walk-thru and bring it to closing for the listing agent.  Very few have turned me down.  I don't think it is intentional in most cases when a lockbox lingers for 24 hours and I like to give people the benefit of the doubt.  Someday I may be jammed up and need some understanding.  But, after 24 hours, something is not right and the buyer should certainly be advised and apologized to.

Jul 28, 2013 01:08 AM
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

I think the owner was within their rights.  A lock box on the door can be an invitation for trouble.  The fact that the listing agent was not responsive even gives them more rights.  If they had tossed it I would not feel sorry for the agent.

Jul 29, 2013 08:38 AM
Wayne B. Pruner
Oregon First - Tigard, OR
Tigard Oregon Homes for Sale, Realtor, GRI

The lockbox should be removed within a day of closing and I am all for the new owner removing it after this time has elapsed. The listing agent tainted the good feeling of a successful purchase.

Dec 06, 2013 12:28 AM
Anonymous
Carlos Jaramillo
What if the owner cut the lock box when listing agent put keys in a lock box that I didn't have access to at close of escrow and left to Las Vegas. He lied and told me that he would give me the keys as soon as we record.
Jan 13, 2014 09:38 PM
#140
Anonymous
KateN

My escrow closed for the last 15 days. I still not receive any key. What should I do.

Thank you

Dec 13, 2014 04:12 PM
#141
The Villages Realty
The Villages Realty - San Jose, CA
"Our Performance Will Move You!"

Great post.  You always write such good and interesting stuff.  Thanks. 

Jan 09, 2017 05:14 AM
Eagle Ridge Realty
Eagle Ridge Realty - Gilroy, CA
"Our Performance Will Move You!"

Great post.  You always write such good and interesting stuff.  Thanks. 

Jan 10, 2017 06:52 AM