Is it Trespassing Without Your Agent Present?

Being unaccompanied for a showing could lead to a trespassing charge. 

When you see a real estate sign, it is important to make a proper appointment to see the property, if it is a piece of land or home it is important to understand you have to have the proper permissions to enter the property.  Much to some people’s surprise, an agent cannot give the code for a lock box for someone to enter without being accompanied by an agent.   It is extremely surprising when people call to ask for the code but it’s even more surprising to find out that they have had agents give them the code.   THIS IS NOT TYPICAL OF REAL ESTATE AGENTS TO DO THIS.   Agents have a duty to the sellers and other listing brokers (their peers) to provide access to a property only on the terms established by the owner and most owners do not want clients on the property unaccompanied.  It could lead to a fine for the agent.

With the ethics citation program it says –  “Providing access to listed property on terms other than those established by the owner or the listing broker (SOP 3-9). $2,500”

IF you get caught at a property without an agent, or the permission of the property owner it could be considered trespassing.   IF the agent had given you permission to be in the property unaccompanied, they could be putting you in a position that if something ends up missing or happening to the property, you could be considered a suspect and be charged with trespassing.

In reality, there are very few agents that would allow unauthorized access as they take their responsibility for your property very seriously.   If you run across one who does, please know this is not typical and it would be very rare that an agent would have permission to do this.  With today’s technology, it would be even more likely to be caught on camera.