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What would you do?

By
Real Estate Broker/Owner with Global Market Realty

 

 

What would you do?

As I'm getting ready to exit my car I reach out for my camera to take pictures of one of my Foreclosure home. It is the primarily reason why I went. As I'm exiting the car I glance at the big window this foreclosure home has. The window is a 5ft by 8ft window right next to the entry door. The window allows you to look thru the living room, beyond the kitchen and thru the french doors towards the pool. As I look thru the window I notice a human shadow as if someone was hiding. I quickly began to assess the situation and began to think of who was there and why. As I'm thinking I begin to walk and decide to go around the house as I get closer to the back area of the home just I suspected there was someone there. As he saw me he look freighted he looked as if he saw a ghost, turning pale white I thought maybe to ease the pressure I said relax I am not a police officer I'm just here to take pictures. As I continue walking and now entering the home I notice 3 more Students there was 3 girls and two boys.  The students belong to a near high school and where cutting class. Since they weren't using drugs or vandalizing the home I decided to leave them alone and take the pictures and leave. I quickly took the interior pictures and lefted the home. As I'm driving back to my office my good voice speaks some call it their consciences. It said maybe I should've notified the school. What if something happens to them while cutting school. Don't their parents deserve to know where the kids are? My other voice said they look like good kids meaning no harm leave them alone you were young once. As the two voices in my head began to speak to each other they both had strong points.

As I'm writing this I am not sure if I did the right thing or not. So I seek higher knowledge from my fellow active rainers.

What would you do?

 

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Martin E. Kalisker, Esq.
Natick, MA
Real Estate Law From A Practical Perspective

I would have warned them that they were trespassing and should stay off the property.  If your liability carrier finds out that you, as the "property manager" for the REO, are increasing their risk that someone can get hurt or possibly break in to the proprty, then you could be a contributory cause any claims, which could be denied by the insurer.

Jan 16, 2009 12:58 AM
Michelle Roethle
Windermere Peninsula Properties - Belfair, WA
Your NorthWest "Real Estate Solution"

Since they were trespassing it probably would have been best to call someone. You don't want them to go there again???

Jan 16, 2009 12:59 AM
Herb Hamilton
RE/MAX Preferred Inc. Realtors - Portland, OR
Real Estate Broker ,CDPE, Downtown Portland

I have been in that exact same position. I work with a lot of vacant properties. In the past when I have had kids on the property I have asked them to move on as it was a liability for the owner to have unsupervised kids on the grounds.

Depending upon what the kids are doing of course you handle each situation a little differently. The goal is to protect the asset which you are entrusted to sell. If you are able to steer the kids into doing the right thing then so much the better.

Jan 16, 2009 01:02 AM
Karen Fiddler, Broker/Owner
Karen Parsons-Fiddler, Broker 949-510-2395 - Mission Viejo, CA
Orange County & Lake Arrowhead, CA (949)510-2395

Being young doesn't mean breaking into a house. I agree with the first comment. If someone found them there and they said you gave them permission? You would lose that client and could be responsible for anything that happens to them or the property. Your duty is to your client!! I think we could lose our licenses here in So Cal for something like this. I know that something like giving out the lockbox combo code can be a disciplinary action....so allowing kids to spend the day in a bank-owned property certainly is. Be careful. I would probably take this post off the internet.

Jan 16, 2009 01:02 AM
Margaret Woda
Long & Foster Real Estate, Inc. - Crofton, MD
Maryland Real Estate & Military Relocation

The obvious - they're trespassing.  If this were one of "my" Foreclosure homes, I would have contacted the bank and asked for their direction.  If these "good" kids accidentally burn down the house and it was discovered that you knew they were hanging out there, I would think you might have some culpability...

Jan 16, 2009 01:03 AM
Bill Gillhespy
16 Sunview Blvd - Fort Myers Beach, FL
Fort Myers Beach Realtor, Fort Myers Beach Agent - Homes & Condos

Hi Michael,  Not sure of the relationship between you and the lender but they would probably prefer that you try to keep trespassers away from the property.

Jan 16, 2009 01:07 AM
Carol Swain
Keller Williams Real Estate - Langhorne, PA
Realtor, -www.swainsells.com- Bucks County, Pa

They are trespassing.  I would have asked them to leave or called someone.  They could vandalize the home after you leave.  You don't know them or what they will do.

Jan 16, 2009 01:09 AM
Emmaniece Gordon
Dekka Realty - Fort Meade, MD
PSC, CDPE, Realtors, Local Real Estate Expert, Mar

I'm not sure what I would have done.  However, I do believe that you placed yourself in great danger by entering the home knowing that it was a break in and the people were still inside.  As agents, we hear horror stories everyday about other agents getting killed simply for doing their jobs, and most times are not aware that they would be attacked by their clients.  You had a choice to remove yourself from harm's way, but instead got in the thick of it. I probably would not have entered the home. 

Also as the listing agent, isn't it your fiduciary responsibility to protect your client's interest, being the bank or homeowner?  What if those kids decided after you left they would vandalize the home. Or worse hurt someone in the home and got away with it.   Would you tell your client you saw the perpetrators or not?   We are faced with many moral dilemmas in simply trying to service our client's interest; this was one of those moments.

Jan 16, 2009 01:13 AM
Ernie Steele
Lebanon, PA

My personal thoughts about this are stated in the previous comments...I would have told them to leave, NOW!

Jan 16, 2009 01:30 AM
Angelia Garcia
Pure Realtors - Dallas, TX

It's one thing to protect your client's interest and another thing if you are saying that he should be a security guard because that is not our job.

Jan 16, 2009 01:33 AM
Scott Hoyt
Founding Partner, ChangingStreets.com - Cary, NC

WOW, nobody mentioned the real problem. WHAT were these kids doing in the house? And would you want your kids in doing it?

Vacant houses are magnets for bad behavior, underage drinking, sex, gambling, even good ole skipping school.

This lack of reponsibility by an adult is dangerous.

I was helping a builder clean up his unfinished homes so they would show better, $325,000 brownstones and in one of the unsecured units we found used condoms on a piece of dirty cardboard.

I told him right there I would take my sign down if he did not make sure kids could not get into his units. Think about your daughter in that filthy foreclosure, better yet think of the type of guy that would take her there....

Michael, I would seriously remove this post before licensing authorities, REO companies, anyone else sees it.

Jan 16, 2009 01:45 AM