Am I obliged to allow the buyer access to the house after the option period?

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Sep 02, 2013 21,075 Answer a Question

The buyers have already passed the end of the option period, during which time an inspection was done, and the buyers had at least 5 hours in the house along with various contractors (roofing, HVAC) arranged for by the buyers. A final price was agreed upon which included an allowance for repairs. We have nearly moved everything out of the house and no longer reside there. The house has appraised, financing appears to be in order and things seem to be moving forward. However, the buyers want to have additional access to the house supposedly to measure things and plan rennovations. They also intend to ask contractors to come in for advice/estimates. Our realtor thinks we should put a Supra on the door and let them come and go along with their realtor. My wife and I objected to this idea. We are very concerned about the liability issues of total strangers in the house with or without an agent present. Are we being over cautious? If someone falls off the roof, cuts themselves on something or just slips outside we are legally responsible, not to mention the fact that we have no recourse if there is any damage to the house. We have read about horror stories on the internet. TREC mandates 'reasonable access' but is vague about whether this applies to only the option period or thereafter. We have offered to move up the closing date to facilitate the buyers getting these estimates done sooner. Any advice would be welcome.

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Veronica Mullenix

About 10 years ago

You have very valid concerns. the contract does state in paragraph 7.A. "Seller shall permit buyer and buyer's agents access to the property at reasonable times." However as the homeowner, YOU decide what "reasonable times" are, and give written notice to your listing broker that access is ONLY granted during the specific times you state and at no other times. You DO NOT have to agree to keeping a Supra or any other keybox on the property. the lack of a keybox would further substantiate your request that access be at only the times you state are reasonable due to your schedule and the schedule of your agent to be available to open the door and lock up after a property visit. (same for the final walk through, your agent would need to open the door prior to closing) Under no circumstances are you obligated to allow any and all people willy-nilly access to your property! You are the owner and YOU control the frequency of access that you are comfortable with. All parties should respect your wishes and your efforts to keep the property secure during the escrow period. If the buyers want more access, then close sooner so they have possession. Until they close YOU have possession, so YOU make the rules regarding reasonable access. Period. And, do the above with a cheerful attitude. Because, being reasonable and safeguarding the property is a good and prudent thing for a homeowner to do.

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Darby Grimmett

About 10 years ago

Hi David,

Based on what you have stated it sounds like you definitely have given reasonable access to the property for inspections, appraisal, etc.

The appraisal is usually one of the last things the lender needs for complete approval (pending any additional last minute conditions like updated bank statements, etc.). Thus, you are nearing the closing date.

You could put a supra on the property, as your agent suggested, and allow the buyer's agent access. Only members of HAR have a supra and would have to open the house.

At this point I think your suggestion to move up closing is a great option given your concerns. The buyer will need access to complete a final walk-through before closing.

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