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Can a realtor deny access to property

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The sales agent can only get away with that if the bank (your client) lets them.

Unfortunately many banks will do anything to make the sales agents happy. Especially regarding appraiser selection. From the bank's point of view, if standing by you makes the borrower change lenders then they are over a barrel.

I'd report the circumstances to every body of regulation that is affected.
 
Standard of Practice 3-8

  • REALTORS
  • ® shall not misrepresent the availability of access to show or inspect a listed property. (Amended 11/87)
http://www.realtor.org/mempolweb.nsf/pages/code

File an ethics complaint. Then sit back and wait for Boom-Boom Betty to explain why she did this. It should get especially good when she states that you dont hit the number! :) Then forward the Ethics investigation to the State Real Estate Commission and watch them all run for cover away from Boom-Boom.
 
Write it right in the report: "Listing agent failed to comply with his requirement as agent of the seller to act in the best interests of the seller and provide the appraiser with access to the interior of the property. The appraiser presumes that some one or more items within subject property would detract from his opinion of market value and has made appropriate adjustments to the reported value. A complete viewing of the property may result in a different opinion of value"

Let the fur fly!

(and I've done just that .. not a peep out of anyone!)
 
The sale contract I have reviewed have wording, the property must be accessible by an agent of the buyer or its lender, if not the deal is dead.

Ask the broker what is the spirit of the sales contract. Representing a lender for a buyer and being denied access has broken the spirit of the contract. The broker could easily expose himself to potential damages.
 
Since it is a dual agency, you are dealing with one brokerage. I’d call the broker directly to complain and if that produced no result, I would file formal complaint with the local Board, the State Board and the NAR if they are members and the Dept of Commerce, anyone with authority over them as a Realtor/agent.
 
In addition to the Board of Realtors, I would file a complaint with the department of real estate. When refusing you access, he is doing a dis-service to the property owner.

However, the first thing I would do is contact the owner. If it was an FHA deal I would contact the loan agent, also.
 
Broker to Board of Realtors: "He wasn't given access because he was the WRONG appraiser. The lender sent the RIGHT appraiser after we threatened to steer future buyers away from them, so you see it was all just a big misunderstanding, ha ha."
 
Common around here where Pealtors have their own brokerage thing going on in their office and the buyers have devided not to use them. A call to the state banking dept. and the seller should end the nonsense quick.
 
In my opinion, I would just walk away from this appraisal. Not worth the headache and potential problems (if any) in the future.
 
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