What is my recourse if I’m selling a house and the buyer was allowed into property without realtor?

UPDATED: Sep 30, 2022

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What is my recourse if I’m selling a house and the buyer was allowed into property without realtor?

We have a sales contract. It was agreed that buyer could make the 3 small repairs to pass inspection for his FHA loan though house is sold as is. However, the normal realtor was out of town and her replacement handed over the property key and allowed buyer endless time alone on property. There were minimal belongings and personal information at the property. Any course of action to take?

Asked on August 8, 2017 under Real Estate Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You could file a complaint against that realtor with her employer and/or the state real estate licensing board for allowing the buyer unsupervised time without permission, but unless you can prove some loss or theft or damage, there is nothing else to do. There is no criminal act (trespassing) unless you show theft, etc., because even if the realtor *should* not have given permission to be there, she did. And the civil legal system (i.e. lawsuits) only provides compensation when there is some provable loss or damage.

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