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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...
Optional Information: State/Country relating to question: Illinois Already Tried: Research...
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..
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Thanks.
Barrister
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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..