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When is it OK for the Buyer agent to remove the keys from a property

By
Real Estate Agent with The Monaghan Group DRE #BR526609000

More and more I'm seeing where the buyers agent takes the key before the property records, i have heard all the reasons,

  • Its going to close tomorrow, usually doesn't and we now have no key to get back in.
  • Ill hold at my office till it records then and only then I'll give it to my buyer.
  • its too far to go back, then you are operating outside your area of expertise and should not be working a area you dint know.
  • Its a hot house so ill forget to put the key back and my client has a better chance of getting the home.
  • and so many more

It is never OK to take a key from the property, many times it causes the seller and at times the buyer extra expense, it can derail the deal entirely and so on.

Andrew Monaghan, CRS, GRI, CDPE.
Team Leader, 
The Monaghan Group
Keller Williams Professional Partners.
http://WWW.TheMonaghanGroup.com
Andrew@TheMonaghanGroup.com

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Comments(9)

Elite Home Sales Team
Elite Home Sales Team OC - Corona del Mar, CA
A Tenacious and Skilled Real Estate Team

I absoultely agree with you position.  That is why I remove the lock box about 5 days before it records.

Dec 22, 2009 04:14 PM
Ashley Sharum
972.978.3109 - Dallas, TX
Ebby Halliday Realtors

We utilize the time of funding as the starting point for even touching on the subject of key transfer - I think the common misconception with Buyers is due to shows like House Hunters or My First Home that show keys being handed over at the signing table. 

That, and the new furniture suite waiting in the empty house that's had a big red bow affixed to the front door. :)

Dec 22, 2009 04:34 PM
Douglas Lovitt
Washington Management Company, Inc. - Mill Creek, WA

Andrew,

As a listing agent, I always remove the lock box right after the buyer's inspection condition is satisfied.  We have an obligation to our sellers to safeguard against inappropriate ingress into the home.  Aside from that, it puts me in control of the appraisal.  If there is no box, they have to contact me to access the home. 

The keys should never be in the possession of the buyer or their agent until the deal is done and recorded.  In fact, the listing agent is partly to blame if they leave the keys in the box for the other agent to go get early.

Almost every mls I've known has rules against any agent, other than the listing agent, removing the keys from a lock box.  They will usually fine a buyer's agents for removing the keys from the box without permission.  Wait until a buyermoves into the house before it closes because their agent gave them the keys early and said it was ok because it will close on Monday!

Dec 22, 2009 04:47 PM
Dan Tabit
Keller Williams Bellevue - Sammamish, WA

I agree with Douglas's approach.  I like to remove the key box and set up a hand off.  It cuts down on unexpected surprises.

Dec 22, 2009 04:54 PM
Karen Anne Stone
New Home Hunters of Fort Worth and Tarrant County - Fort Worth, TX
Fort Worth Real Estate

Andrew:  Much earlier in my career I had that happen several times.  No more.  Now, just  a few days before closing, I take the lockbox AND the key off the door... so that it is either myself or the seller who has the only control over who gets into the house.  

I don't care what the buyer's agent says.  No keys before closing.  Period.  Sure, we as listing agents have to make an extra trip to deliver the keys when the seller gives permission... but that is the best way to avoid any problems.

Dec 22, 2009 05:03 PM
Sara Woolford & Steve Golson, ALHS
iTexas Realty Co. - San Antonio, TX

We have had the Buyer's agent remove the key and lose it temporarily! We had more, but what if we didn't?  It was completely without our permission as the listing agent and I confess that I thought it very irresponsible of the part of the Buyer's agent.

---Sara in San Antonio

Dec 22, 2009 05:49 PM
Richard Weeks
Dallas, TX
REALTOR®, Broker

The buyers agent should never remove the key from the lock box, period.  The listing agent should remove the lock box and key just prior to closing.  The key should be given to the closing agent to be delivered to the new buyer only when the property has closed and funded.

Dec 22, 2009 10:03 PM
Jason Simonson
Menomonie, WI
Realty Executives - Menomonie WI

The buyers agent has no business taking the sellers key.

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Dec 23, 2009 12:11 AM
Lisa Schmitt
Coldwell Banker Honig-Bell - Plainfield, IL

Just as an aside: In IL we *do* hand keys and garage door openers over at the closing table. (assuming the loan is funded, of course!)

Jan 08, 2010 03:35 AM