But You Can't See it Whenever You Want

By
Real Estate Agent with Value Added Service, 602-620-2699 SA5376460000

But You Can't See it Whever you Want! - 

My buyer client is at the end of an inspection period on a townhome being purchased in Scottsdale.  My buyers are really excited about this purchase as it is across the way from ponds, walking paths, including ducks and 15 miles of green spaces. For anyone that likes wo walk, this is it! 

We are down to the wire on accepting the townhome as it sits, with no repairs.  Are there repairs that could be requested?  Yes.  In a word, we are accepting it as is so that the seller won't have to make any repairs.  Electrical Panel with Aluminum Wiring

Part of this process is making sure we do our due diligence by requesting every type of inspection, including the electrical panel that contains aluminum wiring.  The electrical panel looks good but the inspector noted the aluminium wiring so we are taking a second look with a "licensed electrician" to be sure there aren't any issues requiring a Request for Repairs. 

Meeting the electrician at the property, we take about 8 minutes to view the panel, but I had to access the lockbox to enter the rear patio.  The seller is out of town and knows I've accessed the lockbox.  We seem to have a miscommunication as I was told "you can't see it whenever you want." 

According to our Arizona Real Estate Contract, we do have access as long as we've given proper notice.

Explaining this to the seller and that we are only viewing the panel so we can "accept the home in as is condition" should eleviate concerns.  But know as a Buyer in Arizona, access needs to be given to anyone during the inspection period. 

If you're looking to buy a home in Scottsdale, give me a call.  First class service and buyer representation make for a great contract process! 

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Rainmaker
3,982,464
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

I make arrangements with my sellers for access to the home from myself at anytime as long as I have called and left a message on all phones.

Aug 05, 2015 09:53 AM #1
Rainmaker
578,649
Pat Starnes-Front Gate Realty
Front Gate Real Estate - Brandon, MS
601-991-2900 Office; 601-278-4513 Cell

Who represents the seller? Does the seller still occupy the home? When I first started reading your post, I got the impression, probably because your buyer client is purchasing "as is", that this might be a distressed property. Anyway, our MLS rules state we go through the listing agent to make appointments, and terms of the MLS dictate whether we can enter without confirmation. Of course, every Association drafts their own set of rules. The seller should give you access to comply with the terms of the contract. Hope it all works out for your buyer!

Aug 05, 2015 10:23 AM #2
Rainmaker
3,605,211
Sheila Anderson
Referral Group Incorporated - East Brunswick, NJ
The Real Estate Whisperer Who Listens 732-715-1133

Good morning Jan. This story makes me remember my own transaction. The period seemed to never end and the uneasiness wa ongoing. Good luck.  

Aug 05, 2015 10:38 AM #3
Rainer
191,077
Ted Glover
Alderman Classic Realty, LLC - Moultrie, GA
ABR in Moultrie, Georgia 229-854-5422

If it too good to be true it probably is.... "as is" is one thing but having a due diligence period gives you some safety measures for a short period that you can have the inspections done that matter. Get it done quickly by licensed knowledge people. Good luck with this one Jan Green 

Aug 05, 2015 11:37 AM #4
Ambassador
2,355,104
Fred Griffin, on leave of absence from ActiveRain
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

     Why do so many Sellers (and their Agents) make it difficult to access the property?  Don't they want it to Sell? 

Aug 05, 2015 11:37 AM #5
Ambassador
3,090,260
Chris Ann Cleland
Long and Foster REALTORS®, Gainesville, VA - Bristow, VA
Associate Broker, Bristow, VA

I don't know why some sellers have to make it so difficult for a buyer to have inspections.  Especially of things that are concerning to the buyer.

Aug 05, 2015 12:47 PM #6
Rainmaker
978,622
Jan Green
Value Added Service, 602-620-2699 - Scottsdale, AZ
HomeSmart Elite Group, REALTOR®, EcoBroker, GREEN

I probably should clarify that the listing agent is the seller! William Feela  and with  notice the seller/agent should have been accomodating!  Pat Starnes Sinche seller is the agent you can guess where this one is going.    Sheila Anderson You've definitely been there, done that!   Fred Griffin  & Chris Ann Cleland  - Exactly!  Seems silly to me.  Emotions are getting in the way!   Thanks for commenting!

Aug 05, 2015 02:44 PM #7
Rainmaker
798,059
Troy Erickson AZ Realtor (602) 295-6807
Good Company Real Estate www.ChandlerRealEstate.weebly.com - Chandler, AZ
Your Chandler, Ahwatukee, and East Valley Realtor

Jan - I am sure, or hopeful, that it may have just been miscommunication. Why would the listing agent not allow you to perform the required inspections in order to get the home sold for their sellers. I just don't understand why some agents make transactions more difficult than they need to be.

Aug 05, 2015 03:27 PM #8
Rainmaker
1,560,731
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

That's correct about not accessing without permission, but it seems you had that.  You are a great agent and know exactly what you're doing!

Aug 05, 2015 03:43 PM #9
Rainmaker
978,622
Jan Green
Value Added Service, 602-620-2699 - Scottsdale, AZ
HomeSmart Elite Group, REALTOR®, EcoBroker, GREEN

Troy Erickson - I hear you!  Sometimes agents as owners shoot themselves in the foot by selling their own home. 

Carla Muss-Jacobs, Principal Broker/Owner -  Takes one to know one Carla!  All the best!

Aug 06, 2015 01:59 AM #10
Rainer
245,155
Michael O'Donnell
Berkshire Hathaway Home Services Arizona Properties - Scottsdale, AZ
GRI, ePRO, Accessible Homes

Crazy world we live in. The agent/owner should know that that Setion 6 of the Purchase Contract (Due Diligence) requires the Seller to make the property available for inspection during the agreed upon period (usually ten days).

"Whenever you want" becomes a "beauty contest" as access to an occupied home at 3:27 am isn't envisioned by the wording (and lockbox keys are time-restricted in any event).

So we're left with a Cure Period Notice or potential breach. Can't imagine this is really what the Seller envisioned, either. "As Is" reflects non-requirement for Warranted Items to be working, so the Seller has an incentive to allow access.

Perhaps you can persuade the Seller/Agent to let you handle both sides of the transaction through Consent to Limited Dual Agency (just kidding, sort of).

Good luck. The Seller's Agent has an idiot for a client.

 

 

Aug 06, 2015 02:15 AM #11
Rainmaker
578,649
Pat Starnes-Front Gate Realty
Front Gate Real Estate - Brandon, MS
601-991-2900 Office; 601-278-4513 Cell

Jan - The agent represents herself. NOW I understand!!!

Michael O'Donnell - Love your last two paragraphs! Hehe.

Aug 06, 2015 08:12 AM #12
Rainmaker
4,079,154
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Jan, so many buyers want to keep re-visiting their potential home, and is a huge inconvenience when the seller still occupies the property! 

Aug 06, 2015 11:19 PM #13
Rainmaker
186,422
Kathy Smiley
Rodeo Realty ~ Fine Estates Westlake Village - Westlake Village, CA
Westlake Village, CA - "Making YOU Smile!"

Jan - you touched on TWO very important points: #1) the electrical panel is nothing to just ignore or accept, the buyers deserve to know what's in store for them with aluminum wiring. (Glad that went out in the 70's)! and #2) Sellers can't get, and are prohibited from, denying the buyer or their inspectors access - period. Thanks for the post!

Aug 07, 2015 07:29 AM #14
Rainmaker
978,622
Jan Green
Value Added Service, 602-620-2699 - Scottsdale, AZ
HomeSmart Elite Group, REALTOR®, EcoBroker, GREEN

Michael O'Donnell - You said it brother!  I reminded her of this when she e-mailed her protest from out of town!  I had told her I'd be visiting as she had told me that between 9:00 and 4:30 the other tenant is at work and I could access.  Frustrating to say the least.

Pat Starnes - Yes Michael has a way with words!

 Joan Cox - I can understand that buyers want to keep revisiting, but this visit was me with an electrician.    

 Kathy Smiley - You nailed it!  This owner/agent was applying emotion to the process and she was out of town, so no need to even bring up access "during the inspection period!"

Aug 08, 2015 01:59 AM #15
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Rainmaker
978,622

Jan Green

HomeSmart Elite Group, REALTOR®, EcoBroker, GREEN
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