Legal Question in Real Estate Law in California
I am a tenant in a home that is in the process of short sale- home listed on MLS as of Saturday 6/11/11. As of Sunday the realtor had failed to put a lock box in place. Sunday morning they had a full price offer- sight unseen. The buyer's agent contacted me to set up a time to look at the home. We weren't going to be there, but since the lock box wasn't set up I told her I would leave a key under the mat and asked that she leave her card on the counter so we would know they had been there. We arrived home to find her clients parked in the middle of our driveway and they were locking up the house. I contacted their agent- she had never come to the home. She disclosed to the potential buyer where the key was located and they toured our home without an agent present. We are beyond furious. How do we proceed?
2 Answers from Attorneys
Other than being upset, do you have any damages or loss?
The California Association of Realtors has a Form KLA, entitled "Keysafe/Lockbox Addendum" that is set up to be signed by both the owner/seller and the tenant, giving permission for use of a lockbox. Unless you gave permission on this or a similar form, or in your lease, I can't see that you are required to give unannounced access to anyone, except in an emergency.
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