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#4743 - 10/10/06 02:07 PM Question About Buyer Visiting the Property Unattended - Property Under Contract
iSellJerseyShore Offline
Junior Member

Registered: 08/01/05
Posts: 5
Loc: NJ - Jersey Shore
Here is the scenario.....

Buyer has property under contract with closing date of 2months. The property is new construction with very few minor outstanding items (Paint & Carpet).

The home does not have a lock box, nor are any of the doors locked. I am aware that the buyer has visited the property numerous times without an agents permission or an agent present. They were visiting to "check on the progress & take measurements"................

Could this jeopardize their contract?
What should be done about this?

Has anyone else encountered a similar situation?

Thanks!

-iSellJerseyShore
_________________________
www.iSellJerseyShore.com

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#4744 - 10/10/06 02:12 PM Re: Question About Buyer Visiting the Property Unattended - Property Under Contract
Paul Oaks Offline
Major Contributor

Registered: 06/23/04
Posts: 3370
Loc: Central Illinois
Why would this jeopardize their contract? If the builder does not object there are no problems.

Best bet is to just inform them that there are insurance issues if they visit the property without you being present and you would be happy to accompany them should they need to visit the property.

This is not rally that uncommon with new construction buyers.

 Quote:
Originally posted by iSellJerseyShore:
Here is the scenario.....

Buyer has property under contract with closing date of 2months. The property is new construction with very few minor outstanding items (Paint & Carpet).

The home does not have a lock box, nor are any of the doors locked. I am aware that the buyer has visited the property numerous times without an agents permission or an agent present. They were visiting to "check on the progress & take measurements"................

Could this jeopardize their contract?
What should be done about this?

Has anyone else encountered a similar situation?

Thanks!

-iSellJerseyShore
_________________________
Paul Oaks
Oaks Real Estate Group

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#4745 - 10/10/06 02:30 PM Re: Question About Buyer Visiting the Property Unattended - Property Under Contract
Jflynn Offline
Member

Registered: 07/16/04
Posts: 2899
I don't know that there are "insurance issues" or what exactly Paul means by that, but they are trespassing on the seller's property unless there's something in the contract that permits them to visit prior to closing.

If something were to happen to the property or to cause the seller to suffer a claim or judgment then the seller would have a legitimate beef with the buyers, and if your buyers need a favor such as an extension of the closing date they sure don't want to deal with an angry seller. And if they cause damage or delay in the construction they'll have a tough time in court suing for specific performance or other remedies since they were the cause.

Like Paul sais this happens all the time (curious buyers visit construction site unattended and unauthorized) and it's probably not a huge deal, but they are exposing themselves to increased liabilities by doing so. I'd explain that by visiting the property unauthorized they are technically treaspassing and this could cause problems down the line and subject them to liability.
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Dallas Real Estate

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