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My question is: If an MLS listing specifically states that a residence is occupied and to call ahead before showing, are agents allowed to walk into your house unnanounced, without even knocking or ringing the doorbell or calling ahead to see if you're home? Is that legal?
Does anyone know the answer to this, or know where I can find the answer? Thankyou.
My question is: If an MLS listing specifically states that a residence is occupied and to call ahead before showing, are agents allowed to walk into your house unnanounced, without even knocking or ringing the doorbell or calling ahead to see if you're home? Is that legal?
Does anyone know the answer to this, or know where I can find the answer? Thankyou.
It is dumb...there are dumb agents. It is almost certainly a violation of the MLS rules. Call the MLS and the agent will likely catch a 200 fine.
It is certainly a trespass...but not a criminal one. So you can sue for your damages...How much were they?
I would ***** to the MLS, my Agent, the offending agents broker and whomever was convenient at the time.
And then I would proceed on putting one of those ugly little things life throws at us into the past.
My question is: If an MLS listing specifically states that a residence is occupied and to call ahead before showing, are agents allowed to walk into your house unnanounced, without even knocking or ringing the doorbell or calling ahead to see if you're home? Is that legal?
In Missouri, even if a home is vacant you have to call and register your showing, unless stated "show at will" in the MLS or if the listing is from your own broker, but even then most people register. If occupied all showings have to be registered with either the office or the seller (if your own brokerage listing). Most times leaving a message on an answer machine is sufficient, but this too has to be approved by the seller. Under no circumstances should an agent enter an occupied listing without knocking or ringing the bell, and then announcing they are there. Then they are required to sign in or leave a card. My bet would be though, that your broker's secretary or duty agent just got busy and forgot to call you, even if they'd never admit it.
I always knock, and then knock again, even if I made an appt, and/or even if it's vacant. This costs nothing, and seems to be appreciated on the very rare occasions when it turns out I'm mistaken...
That's why it's so important to knock and then announce yourself before entering because you never know if the agency you called for the appointment followed the SELLER'S showing instructions. Then there's always the agents who see it's an electronic lockbox and will just show up. If you had an electronic lockbox, either agency could be at fault. If it was a combination lockbox and this was the first visit by the agent, then your listing agency goofed. I went back to the combination lockboxes to lessen the chances of this happening and prefer going to houses with the combination lockbox. And it does happen. When the homeowner doesn't expect me and they see I have the combination code...they know who's at fault and very much appreciate that I knocked first. If you do have an electronic lockbox, maybe you should ask your agent to change it to a combination lockbox and make a notation in the showing instructions to "KNOCK FIRST".
I went back to the combination lockboxes to lessen the chances of this happening and prefer going to houses with the combination lockbox. And it does happen. When the homeowner doesn't expect me and they see I have the combination code...they know who's at fault and very much appreciate that I knocked first. If you do have an electronic lockbox, maybe you should ask your agent to change it to a combination lockbox and make a notation in the showing instructions to "KNOCK FIRST".
I like just the opposite. I've seen many agents who put the combination code in the agent only remarks and even printing the mls sheets with the agent remarks included and put it in the brochure boxes with the code on it (I know, there are stupid agents). Most agents that use those combo boxes do so because they cost about a $100 less per box. With the electronic boxes I can go online and see who entered the house and when. Also that way if a client calls and said someone made an appointment but never showed, I can tell if the agent did in fact go there as well as a load of other information.
Agreed there are a lot of stupid agents. For me, it's not the cost of the lockbox (our office actually supplies both boxes - afterall, the listing is the property of the agency not the agent). The reason is our area - many mls boards and my electronic key is already maxed with having access to 4 boards. I live in one board area and my office less than 10 miles away is in a different board area. Nuts? In any event, most consumers don't know there is a choice in lockboxes as well as showing instructions and the pros and cons of each. On a side note, I found someone's electronic key, while the key did not have their contact information, the key did have the access code. Again, stupid!
My question is: If an MLS listing specifically states that a residence is occupied and to call ahead before showing, are agents allowed to walk into your house unnanounced, without even knocking or ringing the doorbell or calling ahead to see if you're home? Is that legal?
Does anyone know the answer to this, or know where I can find the answer? Thankyou.
No. That's the very simple answer to your question. If an agent did that, then call the local board of realtors and report it.
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Most agents that use those combo boxes do so because they cost about a $100 less per box. With the electronic boxes I can go online and see who entered the house and when. Also that way if a client calls and said someone made an appointment but never showed, I can tell if the agent did in fact go there as well as a load of other information.
