Is it considered trespassing?

Question

Went and looked at a foreclosure without the realtor, was going to peak in the windows but came across this door..... Is it considered trespassing??? I don't know if I should look at that and run knowing the carpentar was probably scary!!!

Bill Gulley · Answer

Agents, can go in, but limited. MLS listings say call for appt. then do so, you can't go without appt. If it says CGLB or CLB, it's call, say you're going even on a recorder, then go, there is a lock box, or call, use the lock box as CLB. If you don't follow the instructions you can end up in front of a judge.

B&E, forced entry is all it takes, you don't have to break anything, force could be turning a door know and pushing the door open.

Only agents may enter upon a listed property as they have consented through the listing agreement, everyone else, stay out.

To get nailed, a property usually, but not always must be properly posted IAW state law, here it's every 50', in plain view before entering upon the property . with other requirements. Don't bet on it as in the city, they can have another version.

Yes, I saw the lock and had to look again. LOL  :)

Jynell Berkshire · Answer

Yes Tim, entering another's property is considered trespassing in most jurisdictions. As an investor though, you are always tempted to enter a property to see what you may be potentially purchasing. I would proceed with caution. Also be mindful that if you get hurt, you more than likely will not have any claim for bodily injuries sustained.

Mark Brian · Answer

I am starting to see some REOs with phrases in the agent notes section of the MLS that state "the bank WILL prosecute ALL trespassers". Not sure how they will find out or if they are paying a neighbor to watch but I can't say that I blame them.

George C. · Answer

I do it if it is left unlocked, I'm a Realtor in NJ but also buy in NY & PA where I'm not licensed or have access to their lock boxes. I'm usually by myself, so I put my magnetic "realty services" sign on my vehicle & walk around carrying a clipboard & camera, no one has approached me about trespassing yet. I have been approached a couple of times by other people who wanted to see a house while I was there.

It all depends how you look, if you make it look like you belong there, no problem, if you look like a looter looking for copper, then the neighbors will call the cops.

Kyle Hipp · Answer

I usually enter a vacant property if I am serious about presenting an offer but that is just me. It doesn't look like you could enter anyway. The door is probably still locked with the deadbolt.

Elizabeth Colegrove · Answer

Love the picture. Thanks for a laugh :)

Wayne Brooks · Answer

yeah, I saw that, but that's just the preservation guys changing the locks, and using the bottom one for a handle.

Timothy Brillant · Answer

I didn't actually go in ... it was a joke because of the bottom door handle!!!

@Ned Carey ....Thanks for getting it!!!!

Ned Carey · Answer

I took me a while to notice. For those that didn't notice yet.

The button to lock the door is on the outside! LOL