R&H Logo
My realtor allowed the buyer of my property to do a final walk through unaccompanied. The sale wasn’t final yet. Is this illegal?
Sep 2, 2024
Real Estate
Close Menu IconThe information provided is for general information and does not form an attorney-client relationship. See our .
Bill Henry
Founding Partner | 18 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill Henry
Founding Partner 18 years of experience

The buyer did not commit a trespass as your realtor, acting as your agent, invited the buyer to tour your property unaccompanied. So, it is unlikely that the buyer broke any laws.

If you believe your agent acted inappropriately, you may have grounds to file a complaint with the Colorado Real Estate Commission for a breach of professional conduct. While the realtor’s actions are not strictly illegal, they could violate professional standards and expose both the agent and seller to unnecessary risks.

Real estate agents in Colorado owe fiduciary duties to their clients, including loyalty, care, and obedience to lawful instructions. By allowing the buyer to enter the property unaccompanied, the realtor may have breached their duty to act in the best interest of the seller, as this action does not adequately safeguard the your interests. This can expose you to liability risks, such as potential property damage, theft, or personal injury, which could be argued as negligence on the part of the agent if any issues arise during the unaccompanied visit.

Finally, whether your realtor's conduct was illegal, or at least inappropriate, would also depend on your contract with the buyer, your course of performance with other buyers, and your contract with your realtor. Only by reviewing all the facts can you make a determination of the legality of the conduct and your options.

Disclaimer
The response provided is based on the available information and is not intended to constitute a comprehensive answer to the inquiry. The only manner to obtain complete and adequate legal advice is to consult with an attorney. Please be advised that no communication, including Q&A postings, through this website establishes an attorney-client privilege, and such exchanges do not create an attorney-client relationship and will not be treated as confidential. The information presented is general information only and should not be relied upon to take, or fail to take, legal action.
Didn’t find what you were looking for?