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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38188
Experience:  16 years real estate, Realtor. Landlord 26 years
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I have a situation with my listing agent. I locked the

Customer Question

I have a situation with my listing agent. I locked the garage door and told my listing agent that no one can get in without a key. My listing agent called today to complain the garage door was locked and that the inspectors were unable to get in.  She stated that they would have to come back another time. I came home to discover my garage door open and my things have been ransacked.  Wouldn't this be considered an ethical violation or do I have any recourse with the REC?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: maryland
JA: Has anything been filed or reported?
Customer: not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: no thanks, ***** ***** this is the type of communications that I have experienced through the whole process. The realtor is also representing me on a new home that I am purchasing
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Barrister replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

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Are you saying that your personal property has been stolen? or it was moved around so that the area could be inspected?

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Was the garage door up so that anyone could walk in, or was it only unlocked?

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How did they unlock the door if they don't have a key?

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What was the response when you confronted the realtor about this?

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thanks

Barrister

Customer: replied 2 months ago.
The garage was locked and the inspector basically broke into the garage door and moved around items and displaced items in the garage... After informing the realtor that nobody was to go into the garage because it was locked..... after informing the agent of my findings when arriving home, she said, oh they got in
Customer: replied 2 months ago.
Haven't taken inventory yet
Expert:  Barrister replied 2 months ago.

Ok, then yes, that is definitely a violation of the realtor's duty to you as the client. They should have contacted you prior to the inspection to ensure that you had left the property open, or had given a key to the realtor so they could supervise any inspection. If the realtor wasn't on site to allow access, then since that is part of their job, you could file a formal complaint with the MD REC..

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But in their defense, they can't really be expected to come back several times to complete an inspection as the buyer is presumably paying the inspector to get it done in one visit. So I can understand their desire to not have to return if they could gain entry without damaging anything.

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And as part of the inspection, they do have the authority to move personal property around, as long as they don't damage anything, to ensure that a seller is not trying to conceal any problems with areas..

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However, if anything is damaged or missing, then the inspector and realtor are liable for that because they left the property unsecured and should have made sure it was locked after inspecting.

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I am not quite sure why the realtor didn't have a key to gain access to the entire house for inspection purposes as that is standard procedure. The realtor's job is to show the property and allow access to professionals for inspection purposes and should have had keys to be able to access all areas..

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thanks

Barrister

Customer: replied 2 months ago.
Can I file a complaint with the REC to remove them as my representative for my new home transaction which settles 9/22?
Customer: replied 2 months ago.
What is the Maryland rule number or code stating that the real estate agent has to be present during the inspection?
Expert:  Barrister replied 2 months ago.

Not realistically because they would already be a "procuring cause" of the sale so as to have earned their commission.

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There is no code that states that, it it just part of a realtor's duties to assist with the sale and take any necessary actions to facilitate the transaction closing..

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But there is a MD Realtor Standard of Practice that addresses this:

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Standard of Practice 3-9

REALTORS® shall not provide access to listed property on terms other than those established by the owner or the listing broker. (Adopted 1/10)

Customer: replied 2 months ago.
Is there a way to terminate my agency client agreement and receiving a copy of the listing agreement.What are the rules for the agent providing the client with exclusive listing agent agreement, I have asked several times already.
Expert:  Barrister replied 2 months ago.

I would suggest simply sending a certified letter addressed to the Employing Broker stating that you are enforcing the listing contract as written, are terminating it, and do not agree to extend the listing with any other Associate Broker.

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I am kind of surprised that you don't have a copy of the listing agreement as the Associate should have given you copies of everything you signed when you listed the property. But since this is a matter of just making a photocopy, if you were to visit the office, whoever is there should be able to make you one. They have to give you copies initially, but I don't see anything about them having to make extra copies...

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Please take a moment to rate my service as that is the only way I am compensated for my work.

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thanks

Barrister

Expert:  Barrister replied 2 months ago.

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister

Customer: replied 2 months ago.
does an inspector have unlimited access to the property for a certain period?
Expert:  Barrister replied 2 months ago.

If you are talking about a home inspector, then yes, they typically will look at everything, everywhere and it takes typically about 2-3 hours to do a complete inspection.