When you hire a realtor to sell your home, you will often give them a key to allow them to enter the property and show it to others when you are not home.
A realtor cannot access your home without your permission or uninvited. When working with a realtor, you need to give them reasonable access to your property to either help you sell or rent out the property. Their access does not give them the right to disturb what is considered The Covenant of Reasonable Enjoyment.
Table of Contents
- A Realtor Cannot Enter Your Property Uninvited.
- Clearly Advise Your Realtor When They Can Enter
- Steps To Take If Realtor Is Abusing Rights
- Related Questions
A Realtor Cannot Enter Your Property Uninvited.
A realtor is not allowed to enter your property uninvited. This violates the trust you have placed in them.
A realtor does have the right to enter the property to show the property. But they must set up the time with the tenant or property owner.
The real estate agent or broker cannot abuse the right of access to your property. You, as the tenant, have the right under a law known as the Covenant of Quiet Enjoyment.
The Covenant Of Quiet Enjoyment
In real estate, property law has the covenant of quiet enjoyment. This law implies that the tenant shall be able to live quietly on the property they have purchased or leased. The covenant ensures that the landlord is found to refrain from action interrupting the tenant’s beneficial enjoyment.
If you are now renting a property or the owner of a property and have decided to move out, the realtor needs to understand your covenants of quiet enjoyment.
A few things to remember with this include:
- You Must Be Reasonable – If the realtor is coming to show a property during what would be considered regular business hours, they are generally not going against the covenant of quiet enjoyment. It would help if you let them know the time you consider reasonable for them to show the property.
- The Realtor Should Have Permission – The realtor should have permission to enter your property. If they have permission, and you changed your mind and did not tell them, then they are not in breach of this as they had permission.
- Normal Business Hours – The realtor is usually allowed access during regular business hours, 8 am to 5 pm, Monday to Friday, and sometimes on the weekends for an open house. You can decide with the realtor what hours are best for you.
If you find the realtor is coming all day and night and not informing you, they have broken your trust and your right to quiet enjoyment of the property. One of the best ways to ensure this does not happen is to let your realtor know when they can come.
Clearly Advise Your Realtor When They Can Enter
When working with a realtor to sell or rent a property, one of the best things you can do is to be clear with the realtor about when they can or cannot enter the property.
If the property is empty, you may give them more access hours as no one is living there. But if you are still living on the property, you may want to be very clear about when they can or can not schedule visits to your property.
If your realtor is abusing these or taking advantage of the situation, you may want to inform their broker and get a new realtor assigned.
Here are the best practice guidelines for a realtor:
- Realtors should only enter the property if the tenant consents.
- The realtor and the tenant should advise each other if any changes exist. For example, if someone on the property becomes sick.
- The realtor should only bring people into the property that are interested in buying or renting the property.
- The realtor’s rights on the property are limited; they are to show the property and should not, for example, decide to swim in the pool or use the property for an unauthorized party.
Steps To Take If Realtor Is Abusing Rights
If you find that your realtor is abusing your rights, then there are steps that you can take. In this process, we would start with the first step and ensure it is not just a misunderstanding.
- Talk To The Realtor – The first thing you can do is to talk to the realtor. It could be there was a misunderstanding.
- Talk To The Broker – The next step is to talk to the broker. The real estate broker is in charge of the real estate agent, and instead of losing the property listing, they may be happy to change the realtor you have an issue with.
- Make A Complaint With The Police – If you have spoken to the agent and broker and no changes have been made, you can make a complaint with the police. But if you are a rental tenant and do not want them to enter your property but are moving, the owner and the realtor should have the right to enter to try to rent out the property again.
If you are an owner and have signed a Buyer’s Broker Agreement with the realtor and Broker, it may not be easy to change and assign a new broker. That is why before you sign this kind of agreement, you must ensure you are working with the right agent and brokerage firm.
Real Estate Crunch gives you real property and real estate information and advice. We offer a free monthly newsletter; you can sign up for our newsletter by clicking here.
We also have a weekly podcast called “Real Estate Crunch,” found on all major podcast platforms. Listen to our podcast by clicking here.
Follow us on our social media platforms – Facebook and Instagram.
Related Questions
Is A Real Estate Contract Valid Without Earnest Money?
A real estate contract is still binding even if the earnest money is not paid. A real estate contract is a legally binding contract. But if the contract stipulates that you need to pay the earnest money within a specific time and you do not, then you are legally in default of the contract.
By clicking here, you can read more about Is A Real Estate Contract Valid Without Earnest Money?
What Does A Property Title Look Like?
A property title is not a document. Instead, it is your right as an owner. The property deed is a legal document stating that your property title or rights have been transferred to you. How the property deed looks can vary from state to state, but all property deeds should have a certain amount of information to be considered legal.
By clicking here, you can read more about What Does A Property Title Look Like?
