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Old 08-30-2016, 02:54 PM
 
Location: City Data Land
17,156 posts, read 12,957,599 times
Reputation: 33184

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Quote:
Originally Posted by MikeJaquish View Post
You are exactly right. No one has the right or can claim privilege to walk the property without an appointment.
If that sort of license to abuse a listing is common in your area, at minimum, the listing agent should have a sign rider stating "By Appointment Only" installed on the sign.
Violators should be prosecuted for trespassing.
Sellers can't have it both ways. Either your house is for sale and you want people to look at it or you don't. Having one's home advertised all over the internet along with multiple pictures, the address, and a fawning endorsement about how great it is invites people to stop by if they are interested in buying. Looking around the perimeter of the home while it's empty is fine, in my view, especially if the RE agent is hard to reach. And many of them are. They are very busy juggling all the tasks associated with the job. If it's empty, I see nothing wrong with buyers looking at the perimeter of the home. But if it's occupied, the buyers should schedule a time to view the home. In either case, driving up to the home is perfectly acceptable. A grouchy neighbor has no say in his neighbor's home sale strategy anyway.
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Old 08-30-2016, 03:02 PM
 
Location: Salem, OR
15,575 posts, read 40,425,076 times
Reputation: 17473
Quote:
Originally Posted by lvmensch View Post
I am sorry but are you quoting law or manners?

As I said I ring the bell first. But I do not have to do that. I prefer to be polite.
Yes, it is the definition of trespassing to be on someone else's property without permission. In Oregon, it would be Criminal Trespass II. You wouldn't get jail time but probably a warning unless it happens a lot. Then you risk losing your real estate license.

You do have to ask permission in Oregon. Yes, you are allowed to walk up and ring the doorbell to say hello, or solicit within the law allowed by your state. You are not allowed to wander to the back of the property, open gates, etc without permission. The MLS is what gives you permission, as an agent, to enter the property. It is what protects you from trespassing as long as you follow showing instructions.

Driving by a house, standing on the sidewalk in front of it, are totally okay.
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Old 08-30-2016, 03:06 PM
 
Location: Rochester, WA
14,472 posts, read 12,101,318 times
Reputation: 39006
Some people make mistakes without thinking, some just can't be convinced to think no matter how many times they're corrected.

Can't say we didn't try!
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Old 08-30-2016, 03:19 PM
 
Location: Central Texas
20,958 posts, read 45,395,703 times
Reputation: 24740
Quote:
Originally Posted by Spottednikes View Post
If it's listed with an agent, it is highly unethical for you to go distub the sellers, unless the listing says to contact seller for appt. That is bypassing the listing agent, and interfering with their listing. Agents are supposed to contact the listing agent with any questions or for setting appts unless specifically told to contact seller.
This right here. This is Real Estate Agent 101. An agent is to have no contact with another agent's client without that agent's explicit permission (and that does not exist in the MLS other than the instruction to call the seller to schedule an appointment to view if that is the case).

Of course, there's a reason why some things have to be stated in a Code of Ethics just like there's a reason that we have to have laws at all.
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Old 08-30-2016, 03:25 PM
 
Location: Salem, OR
15,575 posts, read 40,425,076 times
Reputation: 17473
Quote:
Originally Posted by Scooby Snacks View Post
Sellers can't have it both ways. Either your house is for sale and you want people to look at it or you don't. Having one's home advertised all over the internet along with multiple pictures, the address, and a fawning endorsement about how great it is invites people to stop by if they are interested in buying. Looking around the perimeter of the home while it's empty is fine, in my view, especially if the RE agent is hard to reach. And many of them are. They are very busy juggling all the tasks associated with the job. If it's empty, I see nothing wrong with buyers looking at the perimeter of the home. But if it's occupied, the buyers should schedule a time to view the home. In either case, driving up to the home is perfectly acceptable. A grouchy neighbor has no say in his neighbor's home sale strategy anyway.
Um. No. A sign isn't an invitation to have an open house 24/7. Just because you think it is fine, doesn't make it legal. Your desire to do things on your time frame doesn't mean it is okay to just walk onto other people's property without permission. It is why we agents have showing instructions on the MLS to prevent trespassing issues.
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Old 08-30-2016, 03:44 PM
 
Location: Cary, NC
43,280 posts, read 77,092,464 times
Reputation: 45632
Quote:
Originally Posted by Scooby Snacks View Post
Sellers can't have it both ways. Either your house is for sale and you want people to look at it or you don't. Having one's home advertised all over the internet along with multiple pictures, the address, and a fawning endorsement about how great it is invites people to stop by if they are interested in buying. Looking around the perimeter of the home while it's empty is fine, in my view, especially if the RE agent is hard to reach. And many of them are. They are very busy juggling all the tasks associated with the job. If it's empty, I see nothing wrong with buyers looking at the perimeter of the home. But if it's occupied, the buyers should schedule a time to view the home. In either case, driving up to the home is perfectly acceptable. A grouchy neighbor has no say in his neighbor's home sale strategy anyway.

No chance anyone has a right or privilege to wander onto someone else's property without direct permission regardless of the rationalization, empty or occupied.
Drive by. Walk on the sidewalk or in the street and view from there? Fine.
Walk through the flower beds, opening gates on patios and porches, faces to the windows? Completely out of bounds, occupied or not.
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Old 08-30-2016, 04:27 PM
 
Location: Lone Mountain Las Vegas NV
18,058 posts, read 10,344,025 times
Reputation: 8828
Quote:
Originally Posted by MikeJaquish View Post
No chance anyone has a right or privilege to wander onto someone else's property without direct permission regardless of the rationalization, empty or occupied.
Drive by. Walk on the sidewalk or in the street and view from there? Fine.
Walk through the flower beds, opening gates on patios and porches, faces to the windows? Completely out of bounds, occupied or not.
OK Mike. I will give you a chance to put up. Find a case anywhere in the US where someone was arrested or cited for entering the backyard of an unoccupied home with a straight for sale sign up.

With the thousands and thousands of times this goes on every day should be at least one.
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Old 08-30-2016, 04:36 PM
 
Location: Riverside Ca
22,146 posts, read 33,524,353 times
Reputation: 35437
Quote:
Originally Posted by Scooby Snacks View Post
Sellers can't have it both ways. Either your house is for sale and you want people to look at it or you don't. Having one's home advertised all over the internet along with multiple pictures, the address, and a fawning endorsement about how great it is invites people to stop by if they are interested in buying. Looking around the perimeter of the home while it's empty is fine, in my view, especially if the RE agent is hard to reach. And many of them are. They are very busy juggling all the tasks associated with the job. If it's empty, I see nothing wrong with buyers looking at the perimeter of the home. But if it's occupied, the buyers should schedule a time to view the home. In either case, driving up to the home is perfectly acceptable. A grouchy neighbor has no say in his neighbor's home sale strategy anyway.
Most people tend to make appointments or some sort of permission from the agent or seller. Occupied or unccupied when I went to look at houses I never just walked up. I may of driven by, stopped at the street looked around the neighborhood but that's about where it stopped.

I understand there are people who want to sell and they are willing to bend over backwards at 9:30 pm. But I'm willing to bet that even they want some notice not to just show up ring the bell and peek in.

To be that arrogant to think that because it's on the MLS and you're a agent somehow gives you some special rights is asinine.
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Old 08-30-2016, 04:49 PM
 
Location: Cary, NC
43,280 posts, read 77,092,464 times
Reputation: 45632
Quote:
Originally Posted by lvmensch View Post
OK Mike. I will give you a chance to put up. Find a case anywhere in the US where someone was arrested or cited for entering the backyard of an unoccupied home with a straight for sale sign up.

With the thousands and thousands of times this goes on every day should be at least one.
Your position on this is founded in rudeness and ignorance, and I refuse to dignify it by conceding that it has any merit whatsoever, or to cite anything you care to ask for.
Rudeness and ignorance stand on their own and don't need line item citation to put them in their place.
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Old 08-30-2016, 04:52 PM
 
Location: Salem, OR
15,575 posts, read 40,425,076 times
Reputation: 17473
Quote:
Originally Posted by lvmensch View Post
OK Mike. I will give you a chance to put up. Find a case anywhere in the US where someone was arrested or cited for entering the backyard of an unoccupied home with a straight for sale sign up.

With the thousands and thousands of times this goes on every day should be at least one.
It is a misdemeanor so it isn't like it would be easily searched and found online. Most people would get a warning, maybe diversion at best.
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