realtor refuses to set up lockbox

4 Replies

I have a seller who ended up using a realtor through our transaction. She has done nothing but slow down the process and now that our contract is signed, she refuses to let me set up a lockbox and insists on having the only key and letting me in the property each time I need access during my due diligence.

To me it seems like she is impeding my expectation of reasonable access. What can I say to her do get her to stop breathing down my neck?  She has nearly killed this deal 3 times!

You have not clearly stated where you are in this transaction.  Are you trying to buy this house? A listing agent can not just give an unlicensed third party access to a property. They would in almost every state be in violation of state laws and real estate commission regulations.

Thanks for the response Russell, 

I signed a purchase contract on it several days ago.  I've never had an issue before but also never had a realtor step into a transaction like this.  This was an off market property and she did not have a listing agreement with the seller but is receiving a full commission for 'overseeing' the transaction.

Unless you have an agent yourself then, you can not enter the property without the listing agent.  Once a licensed agent is involved, real estate commission regulations are in play. The listing agent can not let you an unlicensed person enter the property alone or they could lose their license or be in line for a very large fine.  I think the fine in my area can go up to $15,000.

"This was an off market property and she did not have a listing agreement with the seller but is receiving a full commission for 'overseeing' the transaction."

This makes no sense. Either the seller has a written contract with a brokerage agency or they do not as a client.

It sounds like you are not a purchaser but a wholesaler trying to assign the contract correct??

Having a generic lock box where anyone not pre-screened or electronically logged for access just randomly go in a property is not ok and very dangerous. If the seller is agreeing to this type of stuff it might be best for the brokerage to walk away and wash their hands of this property.

No legal advice given.