My house is up for sale in Illinois, we have a realtor key in a box on the front door. If for some reason, they cannot get in the front door with the key. Do they (inspectors, other realtors, potential buyers) have the right to enter through means other than the key provided? Is this a violation of trespassing or worse, breaking and entering...? They were ON the property with reason (Home Inspection), they were just not able to get in my the means provided. Thank you...
State/Country relating to question: Illinois
Hello,Thank you for using JA. No, if they are unable to gain entry through the standard practice of using the Supra box or combination box on the front door, that does not give them the option of climbing through an open window or otherwise accessing the property without specific permission of the seller or seller's agent..When permission is given for a prospective buyer or inspector to access the home, it is limited to the normal and customary means that homes are accessed, meaning the front or back doors. Although it would be difficult to charge someone with trespassing or breaking and entering if they have permission to enter the property, they could be held liable for any damages that occur if they break something attempting to access the property by a non-customary means. The seller would also have a defense against any liability claim by someone who was trying to crawl through a window and was injured because the invitation to enter/inspect does not extend to any possible way someone could enter a house..
Please do not rate 2 stars/faces "Helped a little" or 1 star/face "I expected more" if you need further help as this is considered a negative rating against me. Just reply to me via the “CONTINUE CONVERSATION” button with the issue you have as I receive no compensation for my efforts for the lowest two ratings.
Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.
. Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.
Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.
How about if my agent, gave the ok to enter by other means without MY direction ok, that they made an assumption, that it would be ok. I never gave my direct ok to enter nor did i imply that they can enter how they feel... Does this matter that MY AGENT gave ok without consulting me,
Well, that is different. The agent is acting on behalf of seller, so they have actual authority to give permission without specifically calling and asking seller..When you hired an agent to represent you, you grant them a certain degree of autonomy to act on your behalf and in what they believe are your best interests. If they make a decision that is wrong, then your recourse is to fire them. But you can't hold the person who entered liable if they had permission from your agent..
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).