QUESTION

Hello, we are in the process of selling our home. We are the current owners of the home and we are currently residing in the home still.

Asked on Nov 07th, 2011 on Real Estate - Pennsylvania
More details to this question:
We would like to know our legal rights governing a lock box, being placed on our home. Do we by law, have to have a lock box combination placed on the door, of our home. One of immediate family is always here, at all times 24 hours. The only time we leave the house, is when the realtor shows up, and then we leave so she can show the house to prospective buyers. I am not quite sure, if the first attorney who tried to answer this question for us, understood the exact question we are asking. We would like to know what are legal rights are concerning a lock box being placed on our front door. Do we have to let the realtor place a lock box, on the front door, even though someone is always here, when she arrives. Thank you for your time, and we hope to receive a quick response from someone soon.
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1 ANSWER

Financial Markets and Services Attorney serving Blue Bell, PA at Max L. Lieberman & Associates A Professional Corporation
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There is no legal requirements in dealing with a realtor that you must allow them to place a lock box at your property.  Lock boxes (especially today) facilitate showing of your property, insure access for your broker and others and are generally very secure. Notwithstanding that, any agreement that you may have signed with  the realtor/broker would be controlling.  If you have a listing contract with the broker and it provides that you have agreed to allow the installation of a lock box, then from a pure legal standpoint, to comply with the contract provisions you would need to allow it.  If you have not signed an agreement with the broker and the agreement he or she proposes includes a provision for a lock box, then tell her or him that you are not comfortable signing based on your specific situation and cross out that provision.  Both you and the realtor should initial the change to the contract. Also, if you have signed the contract and there is a provision for a lock box - I would suggest speaking with the realtor and letting them know that since someone is always present, that there is no need for a lock box and you do not wish them to put that there.  The realtor typically wants to please and will usually will respect their clients' wishes and work with them clients in resolving any such issues. I hope the above has provided some general guidance.  As I have not seen any agreement that may be in place between you and your realtor and since I may not have all relevant and important facts, please note that my response should only be taken as general guidance.  If there is a agreement and/or any attempts at working this out with the realtor have not been successful, I would recommend your consulting with a real estate attorney who can more properly advise you. Marla D. Sones  
Answered on Nov 08th, 2011 at 2:43 PM

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