Can I inspect the property inside and out and show the property with written notice?

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Can I inspect the property inside and out and show the property with written notice?

I have a 5 year contract for deed loan agreement with folks on a home. To help them afford the property we set a scheduled yearly deferred down payment that was to be paid. They have paid zero of it. Since we have a buyer that wants to view the property we sent a default notice to borrower. They are disregarding any immediate need to pay down payment and are refusing to allow us to inspect/show the property until mid-June. The property is in a rural area and not every buyer is going to desire that setting. The current prospective buyer wants this type property.

Asked on May 18, 2019 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, assuming you did not transfer title to them yet, it is still your property, you are in essence their "landlord" and as such, you have the legal right to inspect it, to perform repairs  or renovations (if necessary) and to show for sale or lease on reasonable (generally 24 hours+) notice. The owner of property always has the right to inspect, show, etc. it. If despite providing notice, they refuse to let you in (e.g. keep the doors locked against you, and you don't have your own key to go in), you can go to country court on an "emergent" (think: "urgent" or "emergency") basis to get a court order requiring them to let you in. Seeking such a court order can be procedurally complex; if you have to go that route, hire an attorney to help you.


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