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 Looking for ideas on buyer situation

Created by: Susan Pruden

Date: Aug 21, 2007, Number of Replies: 20


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I'm curious to know what you listing agents say to the buyer's agent in the following scenario:

1) Buyer's offer is accepted on a property that is currently occupied by the seller.

2) Buyer's agent calls and says, 'can we get into the house tomorrow morning as the buyer would like (fill in the blank -- show it to her mother, measure rooms, whatever).

Why do you think it is or isn't a good idea for buyers to have access to the property, aside from home inspections, etc., once it is under contract?

FWIW, I don't think it's a good idea and have several reasons, but I figure some of  you will think of things I've never thought of before -- it's happened before with this group (I know, go figure!)

Thanks! --Susan

To Top Reply

Merv Burgard Real Estate Attorney

Date: Aug 21, 2007

Susan asks: "Why do you think it is or isn't a good idea for buyers to have
access to the property, aside from home inspections, etc., once it is under
contract?"

Merv replies in seminars (with tongue in cheek): " If the young fiancé
arrived on my veranda and said. "I am here for another inspection, I would
tell him, "You weren't even supposed to see the wedding dress!!"

I know that there are legal reasons in your state.

Merv.

*********

Mervin Burgard, Q.C.
203-219 Oxford Street West
London, Ontario, Canada N6H 1S5
phone: 519-679-9900
fax: 519-679-8546
e-mail: mburgard@ody.ca

To Top Reply

Melina Tomson Licensed Real Estate Broker,  OR

Date: Aug 21, 2007

I have had requests like this before, and I have had multiple people show up for a home inspection without prior consent from the seller (which I chewed the other agent out for...).  I tell buyer's agents that I will ask the sellers (as it is their home, not mine) and then strongly encourage them to say no to having the buyer's in the home other than previously agreed to times.  Then I call the other agent back and tell them that I suggested to the seller that they not allow access, and they chose to heed my advice. 

I am sure that there are some liability reasons that people can come up with, but the bottom line for me is I think it is rude.  This is someones house, not a train station.  Mom's approval, measurements for window coverings, new sofas, etc can wait and be done during the 3 hours that a home inspection takes.

 Melina Tomson, MS
ABR, e-PRO
melina@tomsonburnham.com
www.TomsonBurnham.com
ph: 503-371-6515
fax: 503-588-1628

To Top Reply

Lindy Hall Licensed Real Estate Agent,  Houston,  TX

Date: Aug 22, 2007

Buyers want to come back and show the house to mom or uncle, or measure for refrigerator, or carpet or whatever.... I don't understand why some of you are such kill-joys. The buyers are excited. They are involved. They are making plans. You want to be the wet blanket? Fine, you'll reap what you sow. Buying a house is fun and exciting, why would you want to kill that joy? I'm guessing you are already past inspections, otherwise, the first response would be to do whatever it is during inspections. Of course, it depends upon whether the Sellers work, and if it is going to be a huge inconvenience for them. If the Sellers are frequently out of the house, and/or are understanding about the Buyers' enthusiasm, then why not try to accommodate them? If it was your son or daughter buying that house, wouldn't you be unhappy? When people try to keep me out of something, I start wondering why.... what are you hiding? ....or is it just inconvenient for you? Regarding too many people, you could limit it to 2 or 3 people at a time when just for measuring. Putting a few limitations is not nearly so offensive as completely refusing. If the house is vacant, then this should not be a problem. Yes, I know, very often banks and RELOs will remove the lockbox after inspections, they don't want people in there, but that's because the buyers are subject to start ripping out wallpaper, or pulling out old appliances, pulling out carpet.... of course, WE would be sure that the buyers were only allowed in there with us or their agent, and they are forewarned not to start any work. Why act like an obstinate old battle-axe if you don't have to? Ugh, I know so many agents like that. There are going to be many times we WILL have to do the "good cop/bad cop" thing, wait for those, they'll be coming. Why create all this extra drama? Sounds, to me, like a control-freak issue... MUCH moreso than the liability BS (which they most likely have insurance for, whereas banks are self-insured). Try to keep all parties happy, whenever possible. It will serve you well in the long run. Lindy in Houston
To Top Reply

Deborah Mayson

Date: Aug 22, 2007

I also do not see a problem with it, of course it would be up to my sellers. If they do not mind, why should I. I would try to make it work for what was convenient with my sellers.

Deborah Mayson

To Top Reply

yvette@clientsrefer.com

Date: Aug 22, 2007

 

Melina Tomson said: I have had requests like this before, and I have had multiple people show up for a home inspection without prior consent from the seller (which I chewed the other agent out for...).  I tell buyer's agents that I will ask the sellers (as it is their home, not mine) and then strongly encourage them to say no to having the buyer's in the home other than previously agreed to times.  Then I call the other agent back and tell them that I suggested to the seller that they not allow access, and they chose to heed my advice. 

I am sure that there are some liability reasons that people can come up with, but the bottom line for me is I think it is rude.  This is someones house, not a train station.  Mom's approval, measurements for window coverings, new sofas, etc can wait and be done during the 3 hours that a home inspection takes.

Reply: It is indeed the seller's home and folks should not be showing up without an appointment - that is rude.  However, in our area, they can have whomever they choose at a home inspections - so if they want contractor's advice, etc. it is really none of the sellers business who shows up.  At other times, I believe the seller should be accommodating and help the new buyer be excited about their new purchase (it must be done by appointment).  It makes for a very smooth transaction.  I think it is about managing the sellers and buyers expectations and emotions and communicating those expectations to the other agent.   Perhaps nobody would need to be "chewed out" if they understood the expectations during a transaction.

 

Yvette Chisholm
Associate Broker, MD, DC, VA
REALTOR, CRS, GRI, ABR, ePRO, SRES
Long & Foster Real Estate, Inc.
Rockville, Maryland
Broker Office:  301-548-9700
Office: 301-758-9500
To Top Reply

Ron@ Charlestonexpert.com Licensed Real Estate Broker,  Summerville,  SC

Date: Aug 22, 2007

Miniature dinning rooms sets are built and bought to make a
small rooms look larger..........Period. I see this kind of
furniture in builder models all the time and I suggest you point it
out to a buyer just as I do.
 
Tom, like you I found nothing wrong with the article. The building industry has used staging, staged and decorated models loaded with options and flow traps for years. Listing agents are just "Johnny come late" with the new staging in resales. It is the buyer agents duty to be aware of the baited views and point out unusual staging. The miniature dinning room sets must be an Ohio thing. Of course I am only 5'6" so they might look the norm to me.
 
Ron Henderson
Charleston SC
To Top Reply

Melina Tomson Licensed Real Estate Broker,  OR

Date: Aug 22, 2007

In this scenario we are not talking about a vacant house.  I don't see any issues with a buyer going into a vacant house with their agent as many times as they want. 

Sellers need to be off the property while the buyer is there, or we have to try and coordinate shedules if the seller can't leave.  I have had sellers in the past allow access,stay there, and then they and the buyer talk about something "informally" like having a professional maid service clean the house after they leave or what window treatments are to stay.  Then of course when it does not happen that way after closing I get a call from the other agent with an upset client.

So while I may be a kill joy, I'm really not interested in dealing with any aftershocks.  People hire me for my expertise and to prevent the aftershocks.  I have asked many a seller to measure a fridge opening for a buyer and email me the dimensions.  I had a time where the buyer agent set up the inspection and only the inspector was going to be there.  The seller came home for something to find 8 people in his house. He was not happy.  Some people are very private, have children, and don't want to be intruded upon.  I find most sellers don't want to allow access, but feel pressured to.  Most people don't want people to think they are slobs, and to have to clean a house so that someone can take window measurement, etc is crazy.  Remember, these are people who are packing up a house and moving.  They are typically stressed!  I have had buyers look up the sellers phone number and call them directly.  I work with buyers also and see their enthusiasm, and I carry a tape measure in my purse at ALL times so that we can do those things at appropriate times.

Buyers have the initial and often 2nd showings, home inspection, appraisal and final walk through to do whatever it is they need to do.   Those are the times to ask about bringing friends or relatives and take measurements.  I had a seller who loved their home so much they set up a "tour" with the buyer prior to closing to show them how to maintain the house (ie furnace filters, water shut off, etc).  Out here it is only 30 days from offer to close, and the buyers have access 3 times already.  All I am saying, is that calling to shedule a time for the next day to take care of miscellaneous items is rude, based on how we do business out here.

Melina Tomson, MS
ABR, e-PRO
melina@tomsonburnham.com
www.TomsonBurnham.com
ph: 503-371-6515
fax: 503-588-1628

To Top Reply

Marie therese Van kampen Licensed Real Estate Agent,  Port Richey,  FL

Date: Aug 22, 2007

Hello Ron: You are the Charleston expert? SC? the next
time I am in Summerville I will say hello. What
company are you with? I live in Florida. I go to
Summerville SC on a regular basis to see family.
Regards. Marie-Therese Van Kampen, ASP
Realtor<vankammt@verizon.net>
Weichert Realtors Hometown
Port Richey FL
marietvankampen.biz
--- "Ron@ CharlestonExpert.com" <ron338@msn.com>
wrote:

> Miniature dinning rooms sets are built and bought to
> makea
> small rooms look larger..........Period. I see this
> kind of
> furniture in builder models all the time and I
> suggest you pointit
> out to a buyer just as I do. Tom, like you I found
> nothing wrong with the article. Thebuilding industry
> has used staging, staged and decorated modelsloaded
> with options and flow traps for years. Listing
> agentsare just "Johnny come late" with the new
> staging in resales. Itis the buyer agents duty to be
> aware of the baited views andpoint out unusual
> staging. The miniature dinning room sets must bean
> Ohio thing. Of course I am only 5'6" so they might
> look the normto me. Ron HendersonCharleston
> SCwww.CharlestonExpert.com
>
>

To Top Reply

Bill Keegan Licensed Real Estate Agent,  Martinsville,  NJ

Date: Aug 22, 2007

Susan asks: "

Why do you think it is or isn't a good idea for buyers to have access to the property, aside from home inspections, etc., once it is under contract?"
------------------------------------------------------------------------------------------------------------------

I don't think it's a huge deal either way.  I've been the agent on each side of this request at different times.  If the seller isn't going to be inconvenienced, and so long as there is no reason to think the buyer will be doing something they shouldn't, I see no problem with allowing them to bring in their parents or measure for furniture.  As the listing agent, I usually accompany those buyers, because the lockbox has already been removed.  SO I make sure ther is no problem.

To Top Reply

Melina Tomson Licensed Real Estate Broker,  OR

Date: Aug 22, 2007

However, in our area, they can have whomever they choose at a home inspections - so if they want contractor's advice, etc.

Well this is true if the people that show up are contractor's...Having 8 friends show up is not appropriate.  You can have a party after the house closes...

Melina Tomson, MS
ABR, e-PRO
melina@tomsonburnham.com
www.TomsonBurnham.com
ph: 503-371-6515
fax: 503-588-1628

To Top Reply

Diane Wolta Licensed Real Estate Broker,  CO

Date: Aug 26, 2007

>>>>Buyers want to come back and show the house to mom or uncle, or measure for refrigerator, or carpet or whatever.... I don't understand why some of you are such kill-joys. The buyers are excited. They are involved. They are making plans. You want to be the wet blanket?
 
Some times it works that way.....and then, there is my most recent example.
 
This was the scheduled walk thru, 2 days prior to closing.   So, MOM comes along (apparently not just your run of the mill Mom, but the Mom from hell, type of Mom!) and starts dissing everything about the place (there were no reall defects or problems, just a used home that had been well cared for, with a few dings).    Gee, the seller had moved out since the buyer last saw it "and fell in love" two month prior, and it had not totally been cleaned up yet, and so it did look different without any furniture...and gee, there were a couple of items that they could have asked to be reparied but they didn't catch them during the inpsection, etc.
 
So the buyer's agent calls me and sez,   "Gee, but the buyer is considering not closing."   (This is after waiting two months, for the buyer to sell her condo!!!!!!)   I said and she knows she'll loose her earnest money.   "Oh yeah.   The mother is a wackooo and has told the daughter she should not buy this townhome."  
 
Well the seller and I were on pins and needles for 48 hrs. waiting while the buyer's agent did her best to keep the buyer in the deal.    Luckily the buyer's agent was able to........but, my blood runs cold now when the buyer wants to go back in---for anything, especially if the appearance has changed significantly since the last time it was seen---you don't know who they are bringing with them and what that other person will say!!!!
 
Diane Wolta, Denver
Prudential Colorado RE


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To Top Reply

Lindy Hall Licensed Real Estate Agent,  Houston,  TX

Date: Aug 26, 2007

Diane, while it may be true that parents can/could be the "kiss of death" for a sale, it actually seldom happens that way. I think I only ever had one deal where the parent killed a deal. Some parents feel nothing is quite good enough for their darlings.

My mother tried to talk my sister out of all three of her houses, but my sister bought them anyway.

I'm a parent, and I would want to see anything my children are contemplating to purchase. I would point out the negatives and the positives. Grown children will still make up their own mind. Trying to keep a parent away is not in anyone's best interest, as it can foster hard feelings, and make both agents look bad.

A house that looks bad during a walk-thru, can have issues whether or not the parent is there. We've all seen how the carpet and walls can look awful after the Seller's stuff has been removed. (One of the reasons I prefer vacant houses...) If we warn the buyers of this in advance, they won't be quite so dismayed.

Not all my deals were peace, love & harmony, but MOST were. It's not that difficult when both agents emphasize "accommodate" rather than "stumbling-block".

In Diane's case, it sounds as though both agents kept their cool; did not overreact. This probably held the deal together, while the buyer mentally worked through their last-minute doubts.
Many times the Dad can't wait to get in there and help paint or whatever... :o)

Lindy in Houston
  

To Top Reply

Nancy Schroeter

Date: Aug 26, 2007

I tend to agree with you. Even though the offer is accepted, the sale of the contract is not complete. There could be any one of many liabilites that could occur. The appraiser along with the inspectot should be the only one permitted to come into the house, especially when it is occupied
To Top Reply

David Kim

Date: Aug 26, 2007

It really depends on the situation but for most cases, I would tell them that I would have to check with the seller and ask the seller.  I would probably recommend the seller to say okay once we are in contract and contingencies been removed.
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