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Old 08-30-2016, 04:53 PM
 
Location: Cary, NC
43,291 posts, read 77,115,925 times
Reputation: 45657

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Quote:
Originally Posted by Electrician4you View Post
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.
Arrogant? Yup. Asinine? Fer Sherr.
And, then some agents wonder why some people think we all are scum.
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Old 08-30-2016, 05:02 PM
 
Location: Riverside Ca
22,146 posts, read 33,537,436 times
Reputation: 35437
Quote:
Originally Posted by MikeJaquish View Post
Arrogant? Yup. Asinine? Fer Sherr.
And, then some agents wonder why some people think we all are scum.

Thats one guy I would never hire or do business with. Way I see it, respect me and my property and ask. I will go and do everything I can to accommodate you, but don't try and bull your way thinking you can run rough shod over me.
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Old 08-30-2016, 05:17 PM
 
Location: Lone Mountain Las Vegas NV
18,058 posts, read 10,350,196 times
Reputation: 8828
Quote:
Originally Posted by MikeJaquish View Post
Arrogant? Yup. Asinine? Fer Sherr.
And, then some agents wonder why some people think we all are scum.
More utter silliness.

The proper MLS code provides an absolute license to visit or show a particular home. There is absolutely no requirement on some codes to notify or interact in any way with the listing agent. You do leave a foot print on the electronic lock boxes but they are not opened to walk the property.

And that some agents even brokers don't know this testifies to the low quality of the advice you sometimes get here.

In my experience the clients who visit unoccupied homes have often been there before with an agent and know the home to be vacant. Not sure exactly how you would stop them from returning to review the externals of a place.
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Old 08-30-2016, 05:20 PM
 
753 posts, read 1,104,823 times
Reputation: 1310
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.
Here's a civil case that went to court and appeal, with the trespasser losing both times.

Trespass real estate for sale sign not invitation to enter

Quoting from the article, "On appeal, Ellyn contended that the “For Sale” sign created an implied representation that the public was requested, expected, or intended to enter the premises. The court of appeals disagreed. The court of appeals found that the “For Sale” sign created only an invitation to contact the listing agent, not to enter the property. [...]"
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Old 08-30-2016, 05:21 PM
 
Location: Lone Mountain Las Vegas NV
18,058 posts, read 10,350,196 times
Reputation: 8828
Quote:
Originally Posted by Electrician4you View Post
Thats one guy I would never hire or do business with. Way I see it, respect me and my property and ask. I will go and do everything I can to accommodate you, but don't try and bull your way thinking you can run rough shod over me.
Sorry but you agreed to it when you signed the listing agreement. I do absolutely nothing the Lister has not agreed to. To bad many do not understand what they sign.
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Old 08-30-2016, 05:30 PM
 
Location: NC
9,361 posts, read 14,107,382 times
Reputation: 20914
Quote:
Originally Posted by dr.frog View Post
Here's a civil case that went to court and appeal, with the trespasser losing both times.

Trespass real estate for sale sign not invitation to enter

Quoting from the article, "On appeal, Ellyn contended that the “For Sale” sign created an implied representation that the public was requested, expected, or intended to enter the premises. The court of appeals disagreed. The court of appeals found that the “For Sale” sign created only an invitation to contact the listing agent, not to enter the property. [...]"
And there folks, you have your answer.
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Old 08-30-2016, 05:39 PM
 
Location: Riverside Ca
22,146 posts, read 33,537,436 times
Reputation: 35437
Quote:
Originally Posted by lvmensch View Post
Sorry but you agreed to it when you signed the listing agreement. I do absolutely nothing the Lister has not agreed to. To bad many do not understand what they sign.
As any agreement ever written, it can be changed to suit the needs of the parties that sign it. But you already know this. I specifically state nobody is allowed on the premises without myself or agent present in my occupied house. As I have sensitive materials that need to be locked up. In one room nobody is allowed. It's locked up. I actually read what I sign and change the agreement as needed. If I don't understand it, I get someone who does to explain it to me. ANY agent just showing up will be shown the street and asked to leave. And remembered.

Unoccupied house my agent is to be notified before any entry is made. I don't care when you want to see it, but you will call before you go there.

You can do and run your listings as you wish. You can run as roughshod as you want over other agents and sellers. Your posts are full of abrasive words, I can do as I please because I'm a Agent attitude probably cost you sales in the long run.
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Old 08-30-2016, 05:53 PM
 
Location: Cary, NC
43,291 posts, read 77,115,925 times
Reputation: 45657
Quote:
Originally Posted by lvmensch View Post
Sorry but you agreed to it when you signed the listing agreement. I do absolutely nothing the Lister has not agreed to. To bad many do not understand what they sign.
And, that you would use such a sloppy listing agreement reflects much more on your understanding than it does on the decent agents and consumers here who disagree with you on your approach to rationalization of trespassing.
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Old 08-30-2016, 06:20 PM
 
Location: Lone Mountain Las Vegas NV
18,058 posts, read 10,350,196 times
Reputation: 8828
Quote:
Originally Posted by dr.frog View Post
Here's a civil case that went to court and appeal, with the trespasser losing both times.

Trespass real estate for sale sign not invitation to enter

Quoting from the article, "On appeal, Ellyn contended that the “For Sale” sign created an implied representation that the public was requested, expected, or intended to enter the premises. The court of appeals disagreed. The court of appeals found that the “For Sale” sign created only an invitation to contact the listing agent, not to enter the property. [...]"
Hey very good and interesting but no cigar. Much more complicated situation than simply trespass.

Raised an interesting question. Does a for sale sign invite the entire public to enter a property? That would of course be an absurd outcome. However it does not answer the question as to whether a business relationship exists between a prospective buyer and the seller allowing entry. And does one who has seen it before with an agent and comes for another visit have a business relationship with the broker or owner?

It also puts emphasis on the sign containing a phone number as a means of contacting a listing agent or perhaps an owner. So what if the sign has no phone number or the phone number is not answered? Or say as could well occur that you leave a message saying you are going to look at the place at a specific time unless told not to.

In the agent case it is pretty clear cut. A particular MLS code allows visit with no notification to anyone so it cannot be an issue. Or the code may require a phone call to a specific number...but it still requires no permission and you go even if you get not answer. Other codes require permission from an agent or the owner...and if so you do that. All depends on what was agreed to between the owner and the listing agent. The normal code on vacant properties however is generally of the very permissive class.
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Old 08-30-2016, 06:25 PM
 
Location: Lone Mountain Las Vegas NV
18,058 posts, read 10,350,196 times
Reputation: 8828
Quote:
Originally Posted by MikeJaquish View Post
And, that you would use such a sloppy listing agreement reflects much more on your understanding than it does on the decent agents and consumers here who disagree with you on your approach to rationalization of trespassing.
You continue to throw garbage with no basis in fact. The listing agreement is the board standard one used by thousands of real estate agents for years and years. That you find its terms sloppy reads much more on your lack of understanding and skill than it does on anything in the listing agreement.

You sure you are actually licensed?
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