Auctioneer gave potential buyer house key

M

mactwo

Guest
Can someone please help me. As a family we are selling our deceased parents house, the house is vacant. We have a sale agreed on the property and buyer has had survey done, the auctioneer has given this buyer a key to the property, which they use to bring people up and show them around, they have only paid a deposit and Im wondering is this the normal, I dont feel comfortable with them having a key to the property, I spoke to the auctioneer who said its normal, he would not have the staff to go up and down to the house everytime this buyer wants to get in.

I know when I bought my house, I was not give a key until the sale was complete, can anyone help please?????
 
It can be normal when the auctioneer is familiar with the buyer. I would not be too concerned with it (helps buyer choose furnishings, changes etc), but may be worthwhile getting the key back before the close of sale just to satisfy the formal handling over of the key.
 
mactwo- remember you are the boss here- tell the auctioneer to retrieve the key and expressly ask him not to give out the key to anyone without your permission. As far as I'm concerned it is not normal for a buyer to have a key and to have the ability to wander in and out of this house. Aside from anything else it has implications for liability should anything happen to the buyer or their invitees whilst in this house.
 
Its not acceptable. After contracts are signed and before completion, a buyer is entitled to reasonable access but they are not entitled to and should not have a key. The keys are handed over at closing in exchange for the balance of funds. The risk of a buyer having a key in advance of closing is that it possible that the buyer could take full possession before paying the funds. And perhaps then delaying the closing significantly.

Ask the auctioneer to have the buyer return the key. If you are concerned that they may already have taken a copy then change the locks. Its a good incentive for the buyer to move the purchase process along quickly.

mf
 
mactwo said:
I spoke to the auctioneer who said its normal, he would not have the staff to go up and down to the house everytime this buyer wants to get in.
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How much are you paying this auctioneer and for what?

I'm sure he is charging you a fat enough fee that he should be able to take on the staff required to provide you with a professional secvive.

Murt
 
Hi, Im an EA (15 yrs exp.) - This is not on. Unprofessional and potentially dangerous.

You say that they have paid a 'deposit' - is it a 'booking deposit' (which means nothing apart from good will/totally refundable to buyer - )
or '10% deposit so they have exchanged contracts??

Either way- its not ideal -

what if they decide to start work on the house, pull a wall down & then pull out of the deal ?
What if keys have been cut for plasterer, decorator etc & then they pull out?You dont know who has a key.

Get the key back from the auctioneer & tell him if they want to get people in , they can organise all of the tradesmen to go in at once and he can collect & return the key to you.

Plonkers like that give us a bad name , anyway im glad you have secured a sale in what is looking like just past the 'prime time' in the market,

pardon the pun................. ! : )
 
murray said:
Hi, Im an EA (15 yrs exp.) - This is not on. Unprofessional and potentially dangerous.

You say that they have paid a 'deposit' - is it a 'booking deposit' (which means nothing apart from good will/totally refundable to buyer - )
or '10% deposit so they have exchanged contracts??

Either way- its not ideal -

what if they decide to start work on the house, pull a wall down & then pull out of the deal ?
What if keys have been cut for plasterer, decorator etc & then they pull out?You dont know who has a key.

Get the key back from the auctioneer & tell him if they want to get people in , they can organise all of the tradesmen to go in at once and he can collect & return the key to you.

Plonkers like that give us a bad name , anyway im glad you have secured a sale in what is looking like just past the 'prime time' in the market,

pardon the pun................. ! : )
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Maybe in Dublin this advice may be wise but if the property is down the country I can't see the harm in doing a 'good turn' to the buyer. I accept the liability issue but what i would say is that the buyer would be less likely to 'pull out' of the deal having become so fammilar with the property.
 
phoenix_n said:
Maybe in Dublin this advice may be wise but if the property is down the country I can't see the harm in doing a 'good turn' to the buyer. I accept the liability issue but what i would say is that the buyer would be less likely to 'pull out' of the deal having become so fammilar with the property.
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I'm not trying to be funny at all - but Dublin or country - makes no difference in my experience.

Ask any auctioneer; if you agree a sale and buyer wants to go in once or twice - normal.
back every other day?- usually a problem looming.

also same scenario when people view property - 1 or 2 veiwings (they may offer) - 3 or more viewings- usually don't offer.:(
 
phoenix_n said:
Maybe in Dublin this advice may be wise but if the property is down the country I can't see the harm in doing a 'good turn' to the buyer. I accept the liability issue but what i would say is that the buyer would be less likely to 'pull out' of the deal having become so fammilar with the property.
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The liability issues along are quite enought to do serious "harm" - insurance may not cover it if someone sustains an accident in the house (something as simple as someone in to take measurements for curtains falls off a ladder...), but it's the owner or owners, not the prospective purchaser, who's likely to be liable. Indeed, what if something is stolen from the house - what comeback will the vendor have?

Mactwo, you need to demand return of all and any keys and have words with the auctioneer about the serious inappropriateness of his / her behaviour. I'd also suggest, iIf the person is not the head of their office, that you complain to the head of the office, and /or to IAVI if they're members.
 
murray said:
I'm not trying to be funny at all - but Dublin or country - makes no difference in my experience.

Ask any auctioneer; if you agree a sale and buyer wants to go in once or twice - normal.
back every other day?- usually a problem looming.

also same scenario when people view property - 1 or 2 veiwings (they may offer) - 3 or more viewings- usually don't offer.:(
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I'll bow to your experience :)
 
This is only acceptable if the EA has secured your permission beforehand. Many EA do this, but have a "key release" form that has to be signed and the prospective purchaser has to agree to return the key by a certain time (normally COB the same day).

Where surveyors have to be admitted, the same rule applies, although some EA do insist in sending a member of staff to accompany the surveyor/engineer/architect/valuer.

Either way, if you are not happy with the EA actions you should express your dissatisfaction to them. To release the keys of any property to another person without the express consent of the owner/s is wrong.
 
Thank you for all your comments, they are very helpful, I spoke to the auctioneer and asked him to retrieve the key, he is unwilling to do this at this time as he feels it may upset the buyer. Also he now informs me that the buyers brother got up onto the roof and is not happy with a repair that was done on the roof some years ago. These people think they already own the house, they have only paid a booking deposit, how dare they get up onto the roof without informing anyone, what if he had fallen off, the survey was done and any problems that were picked up were dealt with. This is a thirty year old house in need up updating and the price reflected that. Now I know why the deal is taking so long to go through, they are going to start finding fault with this, that and the other to get money off. The price to redo the gully on the roof the auctioneer informs me is between 6 to 8 thousand and all this because the auctioneer gave them the key. I am furious to think that someone got up on the roof without permission.
 
You need to give the auctioneer instruction in writing to retrieve your key (which is of course your property) immediately. You should call into their office today and make a scene in a public area until they agree to get your key.

Once you get your key, start up a negotiation with them as to how they plan to compensate you for the loss they may have caused you, but wait until you have the key in your hand.
 
mactwo said:
I spoke to the auctioneer and asked him to retrieve the key, he is unwilling to do this at this time as he feels it may upset the buyer.
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In the meantime, is there a way you could lock the door from the inside for which the buyer has the key and use another door yourself?

Is there a house alarm?
 
If you are that furious and decide that you will not be proceeding with the sale to these people, would it warrant a report to the Gardai?
Would it not be a form of breaking & entering even with the key? Perhaps you should take legal advice on this.
 
As the potential buyers are now dragging their feet it looks like it will come down to hard negotiations. Surely only the surveyor is given permission to check the roof at this stage. Unless the offer is a good one and there is otherwise little interest in the house I'd suggest complaining and reporting the estate agents as per previous posters. Unless of course you are in a hurry to sell, change estate agents.

Another thing you might need to remember is if the locality is small, any (perceived) problems found by the potential buyers, may be likely to become local knowledge and could potentially put off other buyers.
 
Thank you all for your comments. Over the last couple of weeks there has been some bad reports and media coverage on how auctioneers conduct their business, well i am witness to this. When you choose an auctioneer to sell your house, you think he is working in your best interest (ye right) forget that fairytale, pressure followed by quick sale and off the books.

I will get back when I hear what the auctioneer has to say on Monday.
 
Tell him that if he hasn't returned the keys by close of business tomorrow, you will be changing the locks, and deducting the expense from their payment.
 
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