Can I deny the buyers access to my property after inspection contingency?

Profile picture for want_to_selll_it
Friday was the last day of the inspection contingency on the house I am selling. The buyers are asking for an extension.  I'm not going to extend the contingency period because they had 17 days. They chose not to hire a licensed inspector and now they want one to look at the house.  Personally, I only had a 7 day contingency when buying our house and we got our inspections done on time.  Can I deny them access to the inside of the house until walk-through now?  
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December 18 2011 - US
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Answers (30)

Profile picture for Cindy Quinton
Happy things worked out and now you are already_sold_it!

Off topic, but I am wondering, I the only one that thinks it is odd to post an answer on a thread that was not only well answered, but completely resolved and updated by the original poster. 

Let's say a "professional" wants to increase numbers of posts here. Or I'll take the high road, and assume they saw a useful thread and wanted to bump it back to the top. Couldn't the agent simply say, "I thought this post contained some useful information, so I am bumping it to the top (and adding my two cents)."

Maybe I am way off base, but posting and not reading a word of the thread makes it seem like the person is NOT a detail oriented person. I realize agents need all the exposure they can get, but am I the only one that thinks this exposes flawed thinking? I mean if a prospective client cares enough to check how many Zillow posts you have, won't they read a few...?
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January 15
Profile picture for aelhage
Why do you want to do that? What are you worried about? You are trying to sell you house? Right?
You are sabotaging yourself by doing that. Simply have them make an appointment and conduct their inspection. You do not have to negotiate the findings with them if you wish not to but let them inspect, I would.
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January 15

Based upon our contract you could but then the buyer could choose not to buy your home and you would have lost a buyer...a bird in the hand.......I would recommend asking your agent for their take on the situation...I would want to understand what the buyer is thinkign and why they did not hire an inspector but now want one...then I would try to negotiate the 7 days to maybe 3-4 days...best of luck

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January 13
Profile picture for MikeEmery
Good job!

Even though sellers and their agents have been conditioned into thinking this is a 'buyers market', this shouldn't translate into sellers stenciling 'Welcome' on their foreheads and being used as a doormat.
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January 11
Profile picture for Moooommmy
I decided I had enough of feeling bullied by these buyers.  Additionally, I had several more inquires about my property so I felt that if I needed to re-list we would get another offer.  Since they wouldn't release contingencies I sent a NBP and communicated to their agent that they could inspect the property all they wanted but repair negotiations were over.  I basically said that if they insisted on trying to renegotiate or didn't release their contingencies then I would cancel the sale.  They released all their contingencies the next day and went ahead with their inspection.  There were no further discussions about renegotiating the repair credit.  We close next week.
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January 11
several posters on here are confused what 'inspection period' means. 

The inspection period ending means they can no longer bring inspection issues into the contract, but by no means implies they can't continue to look at the home. Simply put, if they find something after the inspection that makes them change their mind, they are very likely to lose their earnest money.

In AZ, that is generally considered to be liquidated damages, so that is all they would lose, but your state may be different. 
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January 09
Profile picture for YvonneBernard

You are obviously selling for a reason don't lose sight of your goal.
This a product you're selling take the emotions out of the process and move on with your life. Onward and upward.

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January 09
Depends on what your contract says, how much you want to sell the property and the reason for the delay in the first place.

Once you take the three things above into consideration, you'll come up with the answer.
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January 09
Profile picture for the_country_hick
Alwin, " I would ask them to make the deposit non-refundable if they want to continue with the deal."

You could have easily just lost a buyer with that request. I would give you such an earful you would probably never have the guts to ask anyone for that again. It could even hit me badly enough to walk away completely. My money is valuable. If you insist on stealing it from me like this I will take the walk away and protect myself option every time.
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January 07
Profile picture for Alwin Lee
It is buyer's market and buyers are changing their minds all the time. I would ask them to make the deposit non-refundable if they want to continue with the deal.
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January 07
Profile picture for dawnrupe

How did things turn out want to sell?

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January 06
Profile picture for sunnyview
I would stick to the black letter terms of the contract and not allow inspection if they passed that period in the contract.

If you feel that the buyers might back out, I would ask your agent about getting details about the strength of their financing and about putting the house back on the MLS market to get back up offers and continue showings until the financing contingency is passed.
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January 06
Profile picture for JB Fung

If you don't have a back up offer or a lot of showings and your intention is to sell the house, I would suggest that be a little flexible. Have your agent check to see if  the buyer's loan has been approved or are they just getting cold feet.

 

Good luck,

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January 06
Profile picture for ConnieK_Oklahoma

It looks like we're missing some details from you and you've gotten a lot of good answers already but still responding.  Seems like there is a missing detail.

If I were the seller I would go so far as to have my agent present for all future inspections or be present yourself, since they chose not to use a licensed professional that understands what acceptable behavior for inspections they can put up with your availability. You have afforded them plenty of time to do their inspections. Your contract most likely defines what an inspection is and how it is to be done. 

What's bothering me is the sentence "since they refuse to release any contingencies"   Inspection contingencies expire.  You provided a time period for inspections, they used it, you negotiated a repair credit-do you mean a repair cap of how much you'll spend to address issues or how much you will credit them at closing for non repaired issues?
You provided an additional inspection period.  typically at the end of that, they need to provide a list of issues, with time for you respond -the options at that time are...they can decide there are too many issues and they don't accept the house.   they can ask for those repairs and if you agreed to a repair cap then you should fix them or get an estimate showing that the repairs exceed that original amount and then negotiate the items that you will do.

you then allow the the opportunity to inspect that the repairs were completed or not.   but they don't need in the house everytime they want to show up.  you should be there.  they don't get to keep inspecting forever.   I would have them accept the damage that they created- I would get it in writing that this item is for them to repair after closing, if you have to repair it for their loan to approve it needs to come out of the repair credit.

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December 19 2011
Profile picture for wetdawgs
I agree this is a frustrating situation. 

If the potential buyers refuse to release the contingencies and the agreed upon dates have passed, you have a chance to ask your agent to put it back on the market.

As they clearly aren't going to just forget about it and release the contingencies, what would your preferred outcome be?

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December 19 2011
Profile picture for want_to_selll_it
Since they refuse to release any contingencies what do I do to stay gracious but also protect my own interests?  I've talked to my agent and she believes that the buyers are afraid of losing their earnest money.  I understand that but this transaction can not be one sided.  I don't think it is right that they want to take my house off the market for six weeks and then possibly walk away without any penalty. 
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December 19 2011
Profile picture for Sharon Lewis
They have been inside 8 times? wow.
How would you feel if this home doesn't sell? Are you ok with that? If so, deny them access. Have you had the home inspected? If so, does it show ok?
You could allow them access but redo the contract to read, that you want more ernest money (in case they walk) and that you the home is now in 'as is condition' and you refuse to repair anymore items. Talk to your realtor though,please.
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December 19 2011
Profile picture for buywithleslie
Hello seller I would suggest you weigh this out heavely. Unles you had lots of showings on this house and multiple offers I would extend. Sometimes we gotta give a little more up front but in the end your life goes on. I would advise your selling agent to convey your frustration to the Byers agent and make it clear you are extended as a courtesy and want to move the process to close quickly. Yes you can DENY them it's your choice whether to extend or not but read your contract and most Of all decide if the sale is worth it.
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December 19 2011
Profile picture for YourSTLHome
I would slow down, take a deep breath and read through the contract carefully. In our area, it SPECIFICALLY states that after the buyer has an agreed upon contract in hand, they have access to do their inspections, then for the final walk through, period.  This is because there were buyers who abused the sellers by constantly coming over to show the home to relatives, to measure for furniture, to check out the paint colors in the home's light, etc etc. You have the right to say "no".  Yes you risk losing the buyer, but if the buyer is playing these games, my guess is you've already lost him, he's just looking for a reason why he should be able to walk away and get his earnest money back at this point.

If he's already had the full time that the contract allowed to do his inspections and he hasn't, that's his problem, not yours.  here we give 10 days for inspections unless a longer time is put in the contract before negotiations start. If something happens that can't be forseen (ie someone is in the hospital, the utilities weren't turned on as scheduled, etc, then we lengthen the time period, but not because they didn't get around to it.

If the buyer broke something then the buyer and the buyers's agent are liable for the repairs, but it can be very difficult to get them to pay unless you sue them. If the contract is broken, however, then I would insist that they pay for what they broke out of the earnest money.  I would document everything and make sure that you have proof though that they did it, and it wasn't vandalism by someone else.

I would also insist that they not visit the home unless they are accompanied by YOUR agent as well as their own at this point if they are breaking things in the home.

Again, it may cost you the buyer, but from your description, it sounds like they have already decided to walk away and are just looking for justification so they get their earnest money back
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December 19 2011
Profile picture for bertpope
I have read this whole stream here, interesting.
 In the south we call this "hen pecking". They have a deal and want just a little more. peck,peck,peck.
Now first, listen to your realtor, they have the pulse of the situation and can guide you the best. But as an outsider, I would suggest you to be the bigger person, dont focus on the door damage situation or how many times they have been in the vacant home, if it ends in a sale, so what.
You need to be polite, and gracious, yes it might be hard, but when you send a message to this buyer, show appreciation.
 Then apologize and tell them that you have given all the credits etc. that you are able to and you want to help them any way you can.
Be polite. It works wonders. The just want to know they cant get anymore out of you.
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December 18 2011
Profile picture for want_to_selll_it
The house is vacant so I don't know the reason for all the visits. My agent is the one who told me how many times they've been there.  I am assuming their agent was with them.  I don't know how lockboxes work, could they gain access without their agent? After they damaged the door.  I had my agent remove the lockbox.  Now their agent has to go to her to get the key.  That made them upset.  

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December 18 2011
Profile picture for SoCal_Engr
@ want_to_sell_it...

"They have been to the house eight times. During their personal inspection they broke an access door and failed to tell my agent. At what point is it okay for a seller to say "no more visits"?"

Why have they been to the house, and who is supervising their visits? "Eight times" seems excessive.

Having said that, you do want to maintain a positive relationship - but that cuts both ways. Is there a valid reason for the visit, and is the visit going to be supervised? If not, the answer is a polite "no".

When selling, I have had potential buyers (they are all "potential" until escrow closes) who...

    - wanted to show "their new house" off to relatives.
    - wanted to measure for new furniture/fixings/etc.
    - wanted to test an unused fireplace
    - wanted to do some initial "cleaning"/etc.

In general, these were all "no's". The fireplace inspection was allowed, provided they used a licensed contractor (i.e., not a do-it-yourself) and we were present to see what was done.
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December 18 2011
Profile picture for want_to_selll_it
I understand that it might come off as hiding something.  Which we are not.  I am peeved that we negotiated a repair credit and now that they are outside their contingency they want a "do-over".  However, I understand that doesn't mean I have to respond.  They have informed my agent that they refuse to remove any contingencies unless I send an NBP.  I have to send one tomorrow for the inspection, disclosures and preliminary title.  This has been a difficult escrow so far.

They have been to the house eight times.  During their personal inspection they broke an access door and failed to tell my agent.  At what point is it okay for a seller to say "no more visits"?
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December 18 2011
Not a good idea. You need to maintain a good relationship. Do you want the Buyer to think you are hiding something? You or your Listing Agent certainly can be present.
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December 18 2011
Profile picture for the_country_hick
If I was your buyer and you denied me access I would figure the reason was that you were hiding something from me. I would then seriously reconsider even wanting to buy your place.

Even considering this gives the wrong message to the buyer.
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December 18 2011
Profile picture for sryan1980
Yes, you can deny them access. But it may cost you the buyer. Even if you are awarded their deposit in that situation, is it worth it to lose the buyer?
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December 18 2011
Thanks for your question "want_to_sell_it".  To answer it, yes, you can deny access.  As long as  you own it you can do what it is you would like BUT that may not be in the best interest the transaction.

Do both parties have a Realtor involved?

Reading your last post, did they already have a 2nd inspection?  If so and they want more, again, you can tell them that you are not willing to fix anything else.  I ask my sellers, & myself as i am often a seller, to look further down the road, the big picture if you will.  Would you rather hold onto the property and continued stress or just do the repairs (assuming they are not major) and get on with your life?  Only you can answer that thus answering your own question.....

Hope this forum helped!
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December 18 2011
Profile picture for want_to_selll_it
We already negotiated a repair credit (based upon their own inspection of the house) and they signed it.  Now they are wanting to renegotiate based upon a new inspection.  
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December 18 2011
Profile picture for NinaHarris
You can but do you really want to lose this buyer?  Buying and selling homes can be very emotional for both parties and it is important to look at this transaction as a commodity.  Unless you have back up offers, it pays to be a little flexible at this point in time.
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December 18 2011
Profile picture for wetdawgs
Are you proposing that you wish to cancel the contract with these people?   While I can see it would be frustrating, perhaps if you don't have back up offers it may be useful to bend a little bit.

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December 18 2011
 

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