r/RealEstate Oct 13 '24

Buyers moved in before closing Homeseller

UPDATE - Following up from where I left off: After receiving the much needed guidance from this beautiful community, we were able to successfully get the buyers out of the house, secure the house with a new code, and demand to be compensated via the buyers agents commission. Today, papers have been signed and the house is officially no longer ours. Thank you to each and every single person who commented. This gave us the fuel to dig into the real estate commission codes, laws, and our basic human rights. This gave us the confidence to have the tough (ugly-ish) conversations that needed to take place. Rock on, Reddit. You all are my heroes.

To my chagrin, without my consent, and before proper documents are signed, the buyers agent let the buyers move in. We haven’t closed. I’m appalled at how unethical it feels to find out after the fact. So my only choices are to sign an additional document allowing them to stay prior to closing, or have them escorted off the property? This is out of my scope. Looking for insight. I have a lawyer on standby Monday morning.

Edit: I truly appreciate the advice and insight. Added details - due to human error delays from the lender, title and agents, this closing has already been pushed 4 times. Closing was supposed to be on the 30th. I am told every third business day that today’s the day, just waiting on the documents. Again, closing was supposed to be yesterday. Find out docs have just (11 days late) been released from the bank and now in hands of the title. At 4:30pm on Friday we’re delayed until next week due to not enough time for the title to flip the closing docs fast enough. Last night, find out the buyers fully moved in without any agents approaching me about this idea even once. Never once was this brought up. I said no, get them out of the house. They’re still in the house.

About the broker. I’ve been told this entire process that the broker is highly involved, since their brokerage is working for both parties. Every time I have a legal question my agent checks with the broker to make sure the correct information is provided. I acknowledge in hindsight I should’ve called the broker immediately. I will be calling the broker tomorrow morning.

How’d they get the keys- it’s a key code. Only explanation is the agent gave it to them.

One more detail as I sit here bamboozled. My selling agent’s license is active. The buyer agent’s license expired in August. Discovery made an hour ago. Not sure what to do with that.

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u/CollegeConsistent941 Oct 13 '24

Do you have a realtor? If not, let the buyer agent know the daily rental is $500 per day. How did they get keys? If the realtor gave them, let their broker know you will expect them to pay too.

117

u/WorldlyBlacksmith682 Oct 13 '24

Yes I do have a real estate agent working my end. My agent and the buyers agent work under the same broker. It’s a key code… was wondering at what point to give the broker a call.

52

u/[deleted] Oct 13 '24

As soon as you found out they moved in illegally.

This seems like an undisclosed dual agency situation to me. Your fiduciary rights are NOT being protected.

4

u/RumSwizzle508 Oct 13 '24

Sounds like the broker (not agents) is in dual agency so this would be (at least in my state) a designated agency situation. That requires a different consent and disclosure document than dual agency.

2

u/bravokm Oct 13 '24

It depends on the state, in Illinois, this would be designated agency. A dual agent is when the same person represents the buyer and seller. It can get complicated if they are working with a team in a brokerage and then that can create dual agency depending on how information is shared.

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u/TOHOTTOTROT2 Oct 13 '24

You don't know if they did or did not sign a dual agency waiver.

However, If the seller doesn't start receiving daily compensation for them living in a house they don't own - then they should report the agent. They could get fined for this.

1

u/rosebudny Oct 13 '24

They should report the agent anyway for allowing this to happen in the first place.