Can I bar the buyer's agent from entering my house? (for sale, real estate) - Kentucky (KY) - City-Data Forum

tdnesn · 09-17-2010, 02:07 PM

The buyer has requested a walk through two days before closing. Can I refuse to allow their agent to enter the home? Until it closes the house is still mine and I want nothing to do with this agent - I don't even want him on my property.

jjd76539 · 09-17-2010, 02:24 PM

First off did the people buying the house go thru your agent and is your agent handeling the closing. If all paperwork was done thru your agent then I would say keep him out of your house..

tdnesn · 09-17-2010, 02:44 PM

Quote:

Originally Posted by jjd76539

First off did the people buying the house go thru your agent and is your agent handeling the closing. If all paperwork was done thru your agent then I would say keep him out of your house..

No, they have their own agent.

LEXpert · 09-17-2010, 02:50 PM

Hate to sound like a lawyer, but check what your contract says!

jjd76539 · 09-17-2010, 03:01 PM

I tend to agree with Lexpert!! But the way it sounds the agent would be allowed in..

tdnesn · 09-17-2010, 03:03 PM

The contract says:

WALK-THROUGH: BUYER shall have the right to perform a "walk-through" within 2 calendar days prior to closing and again 2 days prior to possession to verify condition. This paragraph shall survive the closing.

It says nothing about the buyer's representative. This agent is a very mean and nasty person. I do not want to run the risk of any type of altercation with him and I do not want him on or in my property again until legally required.

LEXpert · 09-17-2010, 03:25 PM

I don't know what is considered "Standard Practice" for your area, but here in Lex, it is pretty standard to have the buyer's agent present.

What about if you left and had your agent be present for the walk-thru? I think most agents would agree that having your agent present doesn't violate any part of the contract or interfere in their right to do the walk-thru.

Sorry you are in this situation. Sometimes there is a lot of tension in a real estate deal. Unless this agent has done something beyond just being a rude jerk, I would try to keep your eye on the fact that you are almost through this process and soon won't have to deal with that agent again....hope that helps some?

tdnesn · 09-17-2010, 03:32 PM

This person refused to discuss our situation with his buyer - flat out said he would not ask them for us, refused to give us their name and contact number and would sue us if we tried to find the buyer to discuss our problem with the sale. He yelled at my agent and fell short of cussing us out. My poor agent even got their broker to try to talk with this person but he was vile and rude to the broker, too. He also made that comment that there better not be one hair on the floor when they do the walk-through after closing or he would see us in court. How can a person like this operate in a public profession and get away with the things he says?

LEXpert · 09-18-2010, 10:47 AM

Well, I think he is just being a jerk. Once the buyer signs a form that they did the walk-thru and are accepting the house, there really isn't much they can do afterwards unless you have lied on the seller's disclosure.

The walk-thru is to make sure the house is in the same condition as the day the contract was accepted and to see that any repairs from the home inspection that were agreed upon have been done.

Unfortunately, I think you'd be opening up a whole new can of worms by trying to bar him from entering the house. Have your agent be there, and you leave. Have all your receipts ready for any repairs that have been done.....and if there is a hair on the floor, ask them to prove it wasn't there on the day the contract was accepted ;-)

What I do in these situations is reassess the info I know, and predict a probably conclusion. So, this buyer has picked your house out of all that are for sale and you are about 95% of the way through the deal. Backing out would cost them a lot. Do you know if the seller has already moved out of their old place? If so, you have a little leverage there because that shows they intend to complete the sale. Also, keep in mind that the miserable agent isn't going to make a penny if the deal doesn't close. I figure that the buyer is a decent person who picked a bad agent, or the buyer is equal to the agent. Another option is to put everything that agent has said under a microscope. If they have violated any state laws, or even done something that could be embarrassing, put them on the defense. If he has done something that violates a state law, let him know you'll be calling the Kentucky Real Estate Commission on him.

These are just my thoughts. Obviously I don't know the whole situation or what is considered standard practice in your area.....so I don't want to be playing armchair quarterback for you when you have an agent that SHOULD know how best to handle this.

I hate that we have idiots like this that make people hate realtors. It sounds to me like he is spending his time being a jerk rather than protecting and promoting his clients interests. Sometimes agents think they have to be agressive to take care of their clients, but I find that does just what is happening with your deal: Everybody is miserable and the transaction is at risk of falling apart.

tomocox · 09-18-2010, 11:03 AM

YOU OWN YOUR PROPERTY... You can stop anyone from entering your home. That being said, you must understand the consequences of such an order. The buyer, who obviously still feels comfortable with the agent, may bolt and backout of the contract. Not a good thing in this current market.

You could ask the broker of the buyer's agent (unless they are one and the same) to intercede and either attend the walk-through with the buyer or send a substitute agent.

Good luck..