Intrusion Upon Seclusion

Just when you think you've thought of everything............

Most of us Realtors do a pretty good job of guarding a seller's posessions when we take a buyer through their home, but have you considered guarding their privacy?  In our last association newsletter, James Goldsmith, who serves as general counsel to PAR and helps man our legal hotline, discussed this subject.  I had never given it much thought.

According to Goldsmith, Intrusion upon Seclusion refers to a legal claim that one person has committed an invasion of  the privacy of another. 

What examples have you seen of such an invasion?

Here are a few that I can think of:

I wouldn't call it an invasion of privacy for a potential buyer to open the walk-in closet to see how much storage space is available, but I WOULD ask a buyer not to open the drawer of the dresser, or any other closed container that is not to be included in the sale.

Would you stop a child from touching toys that are displayed in the family room?  How about looking through a book from the bookshelf while the adults are touring the home?  .......riding a bike that is sitting in the driveway?  (you know stranger things have happened!)

One of the examples Mr. Goldsmith gave was of a buyer who lifted the pages of a calander to find the day that they wanted to offer for settlement.  They inadvertantly saw the settlement date for the purchase of the seller's next home.  How invasive was that?

Next question:  How do you keep everybody together when you tour a home?  It's not too tough when there are just one or two people in the buying party, but what about the famiy who comes with Grandma and Grandpa, three kids, and the neighbor's brother in law, who just happens to own a home repair and remodeling business?

It seems to me there are some things that each of us can do to minimize this issue.

For Agents:

Take a minute to explain to buyers how we will respect the privacy of the seller. 

Ask buyers to limit the number of people who go on tour with you.  Explain that there will be time for Mom, Dad and the kids to see the property after they have narrowed the search.

Suggest that everybody will have a better home search experience if the little ones can spend the day with a babysitter.  Explain that this will allow them to visit more homes and allow them to focus on finding the one that is just right for them.

Ask sellers to prepare for showings by packing away anything that they would not want visitors to see.

For Buyers:

Be prepared to respect the privacy of the sellers. 

Concentrate on items that will be a part of the sale.

Be prepared for your children to be entertained if they must accompany you on tours.  You probably can't focus well on the features of each home if you have to keep the kids from playing catch with the owners' prized baseball collection.

For Sellers:

Think about what you want the public to know about you.  Hide things that need to be hidden.

If you wish, provide a small basket of childrens' books with a sign permitting little buyerettes to read them.

DON'T write information on your calandar that would give the buyer inside information on other showings, your settlement date for other property, or an appointment with your divorce attorney!

For Everybody:  Apply the golden rule, use common sense and behave yourself! 

What a World!

Eileen Musser, Realtor for York and Lancaster, Pa.