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SA Property Rights - Real Estate Agents Allowed Purchaser Access Without Permission?

Discussion in 'Property Law Forum' started by MimP, 30 March 2016.

  1. MimP

    MimP Active Member

    21 October 2015
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    We have just found out by accident that the real estate agents that sold our house has given the purchaser access to the house, before the final settlement.

    We live in a different state to the house that was sold. There was a 4-month settlement. Friends have been keeping an eye on the property for us. Today, they visited and found the security lights we had in place had been taken out, curtains opened. Also, the carpets and oven have been cleaned. As it is going to be a rental property there have also been potential tenants shown through.

    We gave permission for only one couple to be given access for a walk through.

    Our worry is if there was a break in before settlement, even though we have insurance it could hold up the settlement.

    Apart from that, what are our legal property rights? We have never given permission to the real estate company for any of this.
  2. Rod

    Rod Well-Known Member

    27 May 2014
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    You have possessory rights to your property until settlement and the real estate agents has done the wrong thing allowing early access without your express permission. Your concerns about liability and insurance, condition of property etc are all valid and legitimate concerns.

    You now need to work out what you want to do. Do you allow early access, but have the new owners pay 'rent' and accept liability for damages etc? or kick them out?

    Once you know your preferred position, contact the real estate agent asap and ask 'what the hell is going on with my property!' You can potentially sue the real estate agent if they allowed unauthorised access and you suffer a loss.

    Let us know how you go.
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