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Old 08-29-2016, 11:06 PM
 
Location: Lone Mountain Las Vegas NV
18,058 posts, read 10,354,091 times
Reputation: 8828

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Quote:
Originally Posted by elliedeee View Post
As a seller I don't care whether he's quoting law, manners or custom. I don't want strange people ringing my doorbell or wandering around my property. Make an appointment, or do a drive-by, but stay on the sidewalk.

I think it's pretty nervy of you to ring their doorbell to tell them you're going to be looking around. I can't believe you'd actually think it's okay to just walk around someones property just because it's listed for sale. You're trespassing on someones property.
And that depends on the MLS code. If it says the home is unoccupied and available for viewing I wil do exactly that. I may even use the lock box and go inside.. I need no further permission. Other codes may require other behavior. But if there is a for sale sign on a house and it is not in the MLS I certainly will ring the bell. And if no answer I may well take a look in the back yard.. No I won't force a gate or such but yes I will take a look. I will also write down the phone number or anything else available so I know about the place for my clients.
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Old 08-29-2016, 11:13 PM
 
Location: Michigan
2,745 posts, read 3,018,615 times
Reputation: 6542
Quote:
Originally Posted by lvmensch View Post
And that depends on the MLS code. If it says the home is unoccupied and available for viewing I wil do exactly that. I may even use the lock box and go inside.. I need no further permission. Other codes may require other behavior. But if there is a for sale sign on a house and it is not in the MLS I certainly will ring the bell. And if no answer I may well take a look in the back yard.. No I won't force a gate or such but yes I will take a look. I will also write down the phone number or anything else available so I know about the place for my clients.


AH!


So now you finally really explain yourself. Why didn't you simply SAY THAT (highlighted) in your first posting?


Non-agents probably are unaware of that "code" in the MLS listing.


IF that's true, AND you as an agent walk around the property to view it, is MILES away from just anybody and his brother driving up and looking around sans-agent.


Without an agent with them, or them not being an agent themselves, is trespassing.
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Old 08-29-2016, 11:21 PM
 
Location: Lone Mountain Las Vegas NV
18,058 posts, read 10,354,091 times
Reputation: 8828
Quote:
Originally Posted by MikeBear View Post
AH!


So now you finally really explain yourself. Why didn't you simply SAY THAT (highlighted) in your first posting?


Non-agents probably are unaware of that "code" in the MLS listing.


IF that's true, AND you as an agent walk around the property to view it, is MILES away from just anybody and his brother driving up and looking around sans-agent.


Without an agent with them, or them not being an agent themselves, is trespassing.
Nope. Nothing in the codes would prevent me from sending clients to view a home and those clients from walking into the back yard of a home. Happens commonly on view or golf course homes.

Now I will not tell a client to do that. But I would be lying if I said them doing it surprises me. And I think they are probably clear of any legal problem. I had a client a few months ago who I am reasonably sure revisited and walked around a couple of different homes repeatedly in reaching their decision as to which home to buy. I do not believe they broke any law.(Actually I suspect these client rang the bell of all next door neighbors of the houses in question and interrogated them about the neighborhood)

Your believe in an all encompassing trespass is quaint but incorrect.
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Old 08-29-2016, 11:22 PM
 
753 posts, read 1,105,083 times
Reputation: 1310
The "for sale" sign on my neighbor's house gives the phone number of the agent to call for an appointment. It doesn't say "you have permission to wander around the property on your own". It certainly doesn't say "you have permission to trespass on the property next door".

I still have a copy of the contract from when I sold my previous home. It was the standard MLS agreement in that area at that time (6 years ago). There's a clause in there that gives the agent permission to show the property, and one that authorizes her to allow other agents to show the property. There is nothing in there that would have given random people permission to enter the property unaccompanied by an agent.
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Old 08-29-2016, 11:28 PM
 
Location: Lone Mountain Las Vegas NV
18,058 posts, read 10,354,091 times
Reputation: 8828
Quote:
Originally Posted by dr.frog View Post
The "for sale" sign on my neighbor's house gives the phone number of the agent to call for an appointment. It doesn't say "you have permission to wander around the property on your own". It certainly doesn't say "you have permission to trespass on the property next door".

I still have a copy of the contract from when I sold my previous home. It was the standard MLS agreement in that area at that time (6 years ago). There's a clause in there that gives the agent permission to show the property, and one that authorizes her to allow other agents to show the property. There is nothing in there that would have given random people permission to enter the property unaccompanied by an agent.
Some clause in their that forbids it? Or some clause that says the client and I have to be on the property at the same time? The sign is an offer to sell a property. That implies that the property is available to be seen. If you don't mean it don't post the sign or add verbiage that reflects your desire.
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Old 08-29-2016, 11:51 PM
 
Location: in a parallel universe
2,648 posts, read 2,317,214 times
Reputation: 5894
Quote:
Originally Posted by dr.frog View Post
The "for sale" sign on my neighbor's house gives the phone number of the agent to call for an appointment. It doesn't say "you have permission to wander around the property on your own". It certainly doesn't say "you have permission to trespass on the property next door".

I still have a copy of the contract from when I sold my previous home. It was the standard MLS agreement in that area at that time (6 years ago). There's a clause in there that gives the agent permission to show the property, and one that authorizes her to allow other agents to show the property. There is nothing in there that would have given random people permission to enter the property unaccompanied by an agent.


I totally understand what you're going through. When I sold my house the agent put a for sale sign out front and I'd come home to find absolute strangers peering in my basement windows, or wandering around my driveway. I had one guy come right to the back of my house when I was in the pool. It's unnerving to find strangers wandering around your property.

The RE agent may not even be aware of those peoples behavior though. They could have just seen the sign and stopped by, or maybe the agent gave them the address and told them they could drive by and see it.

The bottom line is they shouldn't be wandering around the property unless they have an agent with them, but as just the neighbor there's really nothing you can do to stop them unfortunately. Just hope it sells quick.
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Old 08-29-2016, 11:56 PM
 
753 posts, read 1,105,083 times
Reputation: 1310
The sign indicates the property is available to be seen by contacting the broker whose name and phone number are listed on it. The sign isn't a blanket authorization to enter the property without the owner's/broker's presence or permission. My neighbor might or might not be allowing other brokers to show the house without appointment with the listing agent, but the folks who were wandering around the yard today clearly were random people and not brokers.

FWIW, the house that is for sale and the broker's sign are at the far end of a shared driveway that is clearly marked at the street end as private property, too.
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Old 08-30-2016, 12:06 AM
 
Location: Eugene, Oregon
11,122 posts, read 5,593,114 times
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The last time I was looking for a house, agents frequently gave me permission to do a walk-around on unoccupied properties. A few times, there were people selling who used no agent. They were all eager to have me walk around the properties un-escorted, because they wanted to sell them. Neighbors didn't seem to mind. They knew the houses were for sale and had been emptied of contents. Many of them were friendly and helpful. After all, I might have become their new neighbor for the next 30 years. A couple of them were so helpful that they told me things that ended my interest, such as termite infestations.

When I bought my last house, I was much more interested in the location, surroundings and what was on the lot, than I was in the house, itself. I prefer to check them out un-emcumbered by an agent. I spent a couple of hours relaxing in some backyards, getting a feel for the places. One seller told me to help myself to the ripe cherries, which I did. That's how I like to go about buying a house and the less formal the showing is, the better.

The wonderful fruit trees, big conifers and flowers were what sold the place I bought to me (especially that cherry tree). I'd seen the inspection report and knew that the house had been completely renewed, inside and out, so I knew I was going to make a deal, before I even saw the inside.
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Old 08-30-2016, 12:08 AM
 
35,094 posts, read 51,251,824 times
Reputation: 62669
Quote:
Originally Posted by lvmensch View Post
Nope. Nothing in the codes would prevent me from sending clients to view a home and those clients from walking into the back yard of a home. Happens commonly on view or golf course homes.
Now I will not tell a client to do that. But I would be lying if I said them doing it surprises me. And I think they are probably clear of any legal problem. I had a client a few months ago who I am reasonably sure revisited and walked around a couple of different homes repeatedly in reaching their decision as to which home to buy. I do not believe they broke any law.(Actually I suspect these client rang the bell of all next door neighbors of the houses in question and interrogated them about the neighborhood)
Your believe in an all encompassing trespass is quaint but incorrect.
I can guarantee you that if you are found on my property and you are not my listing agent and you do not have an appointment even if there is a for sale sign on the property, the end result is not going to be pleasant for you.
The for sale sign does not give you the right to just wander around anytime you choose and if you ring the bell or knock on the door, do not have an appointment, are not with my listing agent and I am not expecting you, the door will not be answered and the police will be called because you are trespassing
and/or you are breaking into my home.
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Old 08-30-2016, 12:44 AM
 
753 posts, read 1,105,083 times
Reputation: 1310
Quote:
Originally Posted by Steve McDonald View Post
The last time I was looking for a house, agents frequently gave me permission to do a walk-around on unoccupied properties. A few times, there were people selling who used no agent. They were all eager to have me walk around the properties un-escorted, because they wanted to sell them. Neighbors didn't seem to mind. They knew the houses were for sale and had been emptied of contents.
My neighbor's house has not been emptied of contents. They are away at their vacation home for a while (it makes good sense to get the dogs and dog hair out of the way during showings!) but they haven't moved all their stuff out yet.

It's possible the owners/listing agent have been sending people over to look around the outside unaccompanied, but I think I'd better contact them to make sure they know this is happening and see if they can come up with a better solution that doesn't result in total strangers peering into my windows, too.
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