Seller Doesn’t Give the Keys to Buyer at Closing

Real Estate Broker/Owner with Texas Five Star Realty, Plano Texas

what do you do When Seller Doesn’t Give the Keys or remotes to Buyer at Closing?

 Seller Doesnt give the keys to buyers

I heard a case tonight that boggled my mind and made me so upset of the way 
some agents and brokers act and do business that I really had to take some blood 
pressure pill, lay down and respond to their … responses.

The story is that I got an email from a buyer’s agent that they have closing 
tomorrow morning and the seller has gone to closing this afternoon. However, 
the Seller did not give the three remotes for garage door openers as he stated 
in Seller Disclosure Notice. 
Paragraph 2C (Accessories) of purchase contract also lists 
the 3 controls for garage doors, and they are not listed in Paragraph 2D (Exclusions). 
It means 
the house was advertised with three remotes, it was listed in the contract and it is in the seller disclosure notice too.

However, the seller had claimed that he cannot find the remotes and had not surrounded them to the title company. the listing broker argues that even though they are listed in the SDN and in 
paragraph 2C, the Seller does not have to convey  any of the items in paragraph 2B or C if he can't find them or no longer has them... (REALLY!!!)

The Buyer’s agent was asking for some suggestions to what to do.

Many colleagues responded “Seller bad boy ..” and agree that the seller is doing bad things but

suggested to the Buyer’s agent just go and buy three remotes from your pocket and have a closing. 
A few of us, me particularly, I got so upset specially when I saw and heard responses from the listing agent and his broker supporting him such as:

  1.     The listing broker argues that even though they are listed in the SDN and in paragraph 2C, 
    the Seller does not have to convey any of the items in paragraph 2B or C if he can't find them 
    or no longer has them...
  2.     Also, listing Broker stated that: It would be very difficult to prove that any of the items in 
    paragraph 2C, D were present at the time of execution of the contract, therefore the Seller 
    does not really have to convey them.
  3.     The listing agent is hanging his hat on the word in paragraph #2.C.,( Accessories stay 
    “if any”) and he is saying there are not “any”.

These are the most ridiculous statements I have ever heard in a real estate transaction.

When the seller signs the offer from buyer, at his own comfortable place and time, 
perhaps at midnight, there is no body from Buyer’s side (either Buyer or Buyer’s 
agent) who is present behind his/her shoulder to see what is in the house in that exact moment and second that seller is signing. Sorry this is a … .

Buyer based on the visual inspection of the house and documentation makes an 
offer. The Seller cannot and should not change/remove/replace anything after 
receiving an offer from the buyer, that is a FRAUD. In many cases, it is not hard that seller has changed/replaced/removed something, for example, I personally take pictures of accessories, drapes, curtains, 
Chandeliers, speakers, etc on the day of preparing the offer. 

At the “Walking through” before closing and after Closing I compare everything with pictures I have taken and if I see something different I raise the flag (this is FRAUD) and if the seller doesn’t do anything about it or wants to play smart game like this case, he will be charged with FRAUD.

Based on the listing broker’s: If Seller claims or really loses the key to the house, then he doesn’t have to provide keys to the house at closing and to the Buyer. Then, How the Buyer gets in to the house? 
Are you suggesting Buyer or Buyer’s agent to pay for keys or re-keys? Wow!

If I were the buyer, with the way that I am upset of this case and responses from the Seller and 
Seller’s agent/Broker site, I would take this case to the highest court to teach all of them a lesson.

What do you do in cases like this?

Contact Bahman Davani about your Real Estate Questions

Comments (6)

Joan Dickie
Keller Williams Premier Realty - La Crosse, WI
Keller Williams Premier Realty

Is this really a case of fraud in Texas?  Interesting.  I agree with you about not coughing up the money formthe remotes.  Maybe ask the listing agent to do it?

Jan 19, 2016 10:38 AM
David Alan Baker | Laveen & South Phoenix Realtor
Keller Williams Realty Phoenix - Laveen, AZ
Your local Expert

Hopefully it does not go to court, and people just do the right thing.

Jan 19, 2016 10:53 AM
Compass - La Jolla, CA
San Diego Partner - The Private Client Network

Pretty poor behavior assuming seller packed them and just doesn't know where they are and too lazy to go get them.

Jan 19, 2016 10:56 AM
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

In our area it is after recording. The buyer can have keys changed. 

Jan 19, 2016 11:07 AM
Bahman Davani, CM at Texas Five Star Realty, Plano, TX (214) 457-7055
Texas Five Star Realty, Plano Texas - Frisco, TX
Homes for Sale in Plano, Frisco, Prosper, Allen TX

In Texas, is at closing, after lender funded the money (or in the case of cash: when Buyers pays it all). Recording it takes about two weeks after closing.

Jan 19, 2016 11:19 AM
Bahman Davani, CM at Texas Five Star Realty, Plano, TX (214) 457-7055
Texas Five Star Realty, Plano Texas - Frisco, TX
Homes for Sale in Plano, Frisco, Prosper, Allen TX

Joan, I am not attorney, but if I was representing buyer, ask him to take it to court. The statement was made by Listing Broker that seller might not had keys/remotes at the time seller signed the contract is non-sense and it is not Buyer's or Buyer's agent problem.


Jan 19, 2016 11:23 AM