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The Mystic Wave
The Mystic Wave, Paralegal
Category: Legal
Satisfied Customers: 427
Experience:  30 yrs. exp. in the legal profession. Specializing in Personal Injury, Criminal, Civil & more.
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contract signed, do they have the right to the key now

Customer Question

i signed yesterday the contract to sellmy house. I was TOLD that the people have a RIGHT to my house key and enter anytime because "its their right now" I have a dog and that means liability. I also told MY realitor that I was NOT going to be home that I had to go and find a new place for myself and daughter and it was NOT good to come. I offered my time for sunday and it was refused! Do they have the right to do this?? If so, I will then go to the realitor today and pull the whole thing out, the other people’s realitor screamed at me and my friend who was helping me. I don't think getting 24 hrs notice for me to be home is asking much and for the same on the home inspection. I am a single parent just trying to do the best for my daughter. Thanks
Submitted: 11 years ago.
Category: Legal
Expert:  The Mystic Wave replied 11 years ago.

Greetings:


The new owners should be somewhat reasonable and shouldn't just enter, this is an invasion of privacy especially being that you signed yesterday. I think it's just a miscommunication. You need to contact the new owners and the realtor and let them know that you would appreciate it greatly if they could give you some notice before they come out being that you are still living there. Let them know that everyone should work this out in an amicable manner.


Being that you have a dog, you need to emphasize this fact and let them know that you do not want to be held liable should anything occur - I would document your telephone conversation to protect your rights.


If you have any questions, please let me know.


My best to you and your daughter.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave

Customer: replied 11 years ago.
Reply to TheMysticWave's Post: ok, but you did not answer my question, do they have the right to hold the key to my house. I still live here, and will continue to until the closing. I was given only 45 days to find a new place to live. So, is it their legal rights now to hold onto my house key
Expert:  The Mystic Wave replied 11 years ago.

Greetings:


Thank you for responding. I'm sorry that I overlooked your question about the key. By right, they shouldn't have the key to your house being that you are still living there and not due to move out for over a month, but this would depend upon what the contract states and/or what was agreed upon...If escrow hasn't closed, I would suggest that you ask for the key. What you need to do is voice your concerns with your realtor, he/she should be the one to work this out with all parties.


If you are looking for a way to take legal action against them - there is no case at this point - as you must do everything in your power to remedy this situation by contacting the realtor to share your concerns. Again, if escrow hasn't closed, they should not have the key.


I hope this answers your question. If not, please let me know.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave


 

Expert:  jonacpa replied 11 years ago.

The signing of a contract does not give them ANY entry rights unless specifically stated. The do not have the right to unlimited entry until the sale CLOSES and you get your money or other consideration.


jon  

Expert:  The Mystic Wave replied 11 years ago.

Greetings:


I trust I know the law in your situation - if the contract states that they can have the key, then that would give them the right to have it...Certains clauses can be added to boilerplate contracts  - thus, as I stated, read the contract and discuss your concerns with the realtor.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave

Customer: replied 11 years ago.
Reply to TheMysticWave's Post: it was not in my contract that they can have the key. I originally gave them the key, but my homeowners insurance said if my dog bit someone it would not be covered if i was not home. i then called the realitor and explained this to him and he allowed me to make arrangements for me to be at home for the showings. I was caught unguarded several times, once just stepping out of my shower. Yes, I took the key back yesterday after signing as there would be no more showings. The other realitor screamed at me as if i were a child "you pulled the key and we have legal rights now" and "I'll call your realitor to "deal with you" I have until tomorrow to pull out of the deal and take it off the market if I wish. I am going to look at a house today for myself...if it works, I will let the deal go through...if not, maybe having some people skills will make this realitor think more before speaking to someone that way
Customer: replied 11 years ago.
thank you. It was not in my contract. The key was orginally given to the realitor for showings, but my homeowners insurance said if the dog bit someone I was not covered if I was not at home. I made arrangements for the realitor to make appointments....but he had the key and several times I was caught unguarded..like coming out of my shower and people were in my house. Yesterday after signing I took my key back as there would be no more showings....the other realitor yelled at me on the phone "you pulled your key and we have legal rights now" and "I am going to call your realitor to have him deal with you" I am an adult not a child! Deal with me? I have until tomorrow to get out of this deal. I am looking at a house today and if its ok, will let the deal go through..if not I pull out and take it off the market....its my home until the closing...and I have 45 days to do so.
Expert:  The Mystic Wave replied 11 years ago.

Greetings:


Thank you for responding and sharing more information.


If the other party believes that they have legal rights because you took the key, I suggest reading your contract thoroughly in order to be certain you are not breaching the contract and you may wish to consult with a real estate attorney just to protect your rights. I feel that I have provided you with an appropriate response by what you have conveyed herein - Of course, if I had all the paperwork in front of me, I could share more, but certainly, this would be something an attorney can assist you with.


I believe that your situation will resolve in your favor if you take the measures as suggested.


Please take care.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave


 

 

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