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Unaurthorized entry, what can really be done?

By
Real Estate Agent with Prudential C. Dan Joyner Realtors

Warning, It's a little long, but worth the read.

I wonder what an really be done to this agent who thinks the rules don't apply to him?

I go to one of my listings today and find the door open, lights on and several items missing from the home. Of course I checked my Supra box as soon as I got home. To no surprise at all I have had some unscheduled entry into the home.

The kicker being that, it was an agent who I have specifically told NOT to enter this or any other listing of mine without a scheduled appointment.

He badgered my sellers before they moved about listing with him to the point that the lady was about to call the police on him for stalking. ( no kidding) Repeatedly she told him they had an agent, yet he continued to "show up" on their doorstep insisting he was the best one to sell the home. He even acted as if he didn't know of me when she told him my name -in an effort to get him to stop coming over. I know enough that his angle was to make me seem unimportant in her eyes. It backfired- she asked how long he had been in real estate, when he responded she said" I can't believe you've been in real estate for 5 yrs and don't know Toni!" ( you go girl)

Anyway, I caught him at their house a few weeks after they left- with no appointment- I happen to drop by to check on the house. The back door was unlocked and the lights on. I called him later that night.

I talked to him at length about the fact that I and the seller insisted that he make an appt. before entering the home. That we wanted to know any and all entry into the house. A few weeks later, I found the home open and lights on. Checked the box, nothing there recently ( guess he hadn't updated his key yet)  Then today, I go over to meet someone at the house and what a shock that all the stuff my sellers still had in the house was GONE! Completely empty. I checked my box again, and there he was. 2 MORE unscheduled appt's AND he was the last one in the house. ( He was the only one showing in the box for the period of time that the door was left open from last month as well.)

I have had it with him. I called his broker and sent an email to my local board.

In the meantime, I starting calling neighbors to see if anyone saw someone arting things off. Yes, i found out that one of the neighbors told him they were supposed to get a piece of furniture that was left ( and they were supposed too) so he offered to let them in to get it. Yes, you understood correctly. He let someone in MY LISTING, MY SELLERS HOUSE, that he had no knowledge of the furniture agreement to TAKE FURNITURE OUT OF THEIR HOUSE!!!

You know I am wondering where the rest of the stuff went. I'm boiling about this. If this isn't unethical, I don't know what is! Can you believe that? 

So, what can really be done to this weasel? Anyone had a similar situation? I want him in hot water with someone other than just me.

  

Show All Comments Sort:
Tricia Jumonville
Bradfield Properties - Georgetown, TX
Texas REALTOR , Agent With Horse Sense

I'm not sure - this verges on breaking and entering and aiding and abetting theft, it seems to me.  In any case, I'm waiting eagerly to hear waht his broker (and your board) has to say about the matter. 

Just curious - you say you talked to him at length about the requirement that he have an appointment before entering.  Did you by any chance also email him about it (notify him in writing)? 

 

Sep 01, 2008 08:44 AM
Lori Mode
The Mode Real Estate Group - Elk Grove, CA
Real Estate Made Simple

Toni - I would be boiling mad too!  I can't believe this agent has the nerve to do such things.  I think your seller should file a complaint with the Department of Real Estate in your state, along with filing a police report for the stolen property.  It doesn't sound like complaining to his broker will help, hopefully the email to your local board will help but your seller probably should follow up with an email or letter to the board also. 

Please make sure to update your post on this so that we can follow what happens.

Sep 01, 2008 08:47 AM
Sacramento Grapevine
SacramentoGrapevine - Roseville, CA

call the police

Sep 01, 2008 08:48 AM
Stacey Brown
ILM Realty - Colchester, CT
REALTOR

This is a case for the police, Toni. I'd definitely take it up with the local REALTOR board, incase he's a member, as well as the licensing board in your state.

Sep 01, 2008 08:53 AM
Palm Properties
Palm Properties - Palm Springs, CA

Definitely contact the Board of Realtors and the Department of Real Estate and file a complaint. 

Sep 01, 2008 08:55 AM
Thesa Chambers
West + Main - Bend, OR
Principal Broker - Licensed in Oregon

theft is theft call the police

Sep 01, 2008 09:16 AM
Toni M. Rose
Prudential C. Dan Joyner Realtors - Easley, SC
Easley SC Real Estate

Tricia, I did notify him by email actually -the first time, then we spoke on the phone. He said" you do know I live in the neighborhood" I told him that I did, but it didn't matter, all appt's are to be scheduled.  The showing instructions in the MLS listing clearly say to call the appt. center along with the phone number too.

Lori, You may be right. His broker didn't seem overly concerned, just a little concerned, he said he would talk with him and call me back. That was 3 hr's ago and so far I haven't heard. (he may not have be able to get with him yet though.)

I am waiting to hear from my clients on how they want me to proceed. ( They are in the Middle East and I don't know what time it is there. ) He is a member of our Board, the local MLS and NAR. I hadn't thought of calling the licensing board, so thanks for that ILM.

He is one of those bad seeds that hurt our public image with his sneeky, underhanded business practices and I am on a mission to get him out ( if I can)  

Sep 01, 2008 09:27 AM
Toni M. Rose
Prudential C. Dan Joyner Realtors - Easley, SC
Easley SC Real Estate

I haven't found anyone who ACTUALLY saw him taking the rest of my sellers stuff, so not sure about the police as of yet. You know I am trying though. ( I'm calling all the neighbors)

The one's he let in, to take the furniture, WERE supposed to get it. ( see original post)  They were supposed to call me and set it up though. They said they didn't go into the basement and they didn't see him go in either. They went home-- He has been back 1 other unscheduled time since the day he let them in, so it could have been then when everything else walked away.

 So, right now, I only have proof of the unaurthorized entry.

Sep 01, 2008 09:33 AM
Daisy Montano
The Saavedra Team - Phoenix, AZ

Wow. It is horrible that there are agents like himself running around with access to properties. Good luck hope you get your issue resolved soon. People like himself should not have a license.

Sep 01, 2008 09:49 AM
Aslan Realty Advisors, LLC
Fort Myers, FL
Staying a step ahead with Pride!

This is an easy one....call the police.

Then call the DBPR...along with the Board the Division should be notified.

 

Sep 01, 2008 09:54 AM
Sheri Sanders
Berkshire Hathaway C Dan Joyner Realtors - Easley, SC
Realtor/Broker - Easley, SC Real Estate

Toni,

I am hoping that you can get someone to stop him also.  You know how I feel!

Sep 03, 2008 03:34 PM
Sherry Peckhoon Sim
Sims & Company - Cayucos, CA
Broker/Owner, Covering the Beautiful Central Coast

Hi Toni, I was reading your other blog and thought I should start with this one first, since this is where it started. I am with the others.  You and your sellers need to alert the authorities.  Someone removing personal items without sellers' knowledge or permission needs to be told that it is illegal.  I am on our local board MLS committee.  Such an action of a member should be held in serious violations.  There are several that are just shocking. 

Sep 08, 2008 12:18 PM
Toni M. Rose
Prudential C. Dan Joyner Realtors - Easley, SC
Easley SC Real Estate

Sherry, I'm right where you are on this, but unfortunately MY MLS doesn't want to intervene. They contend he's commited no violation of the etchics code, and therefore their hands are tied. Maybe this new complaint will change something. Of course. I will keep everyone updated. Wish you were on our MLS commitee!

 

Sep 08, 2008 12:29 PM
Sheila Reeves
Allen Tate Realtors - Greenville, SC

Maybe the police in addition to the Board and your broker.  What does your broker say? I just hope he does not come to Greenville, whoever he is.  At the very least, he sounds like a sore looser with some possible other emotional issues.  Most Realtors do not behave this way.  I would hope the board would act quickly.

Sep 08, 2008 01:49 PM