You sell a family member’s house after they pass away. A cash offer comes in. Negotiations wrap up. Closing is days away. Then you call your real estate agent about a minor detail and learn the buyers are already inside the house doing foundation work and rewiring electrical.
You never gave permission. Your agent did.
This exact scenario just played out on Reddit’s r/RealEstate forum, generating over 1,000 upvotes and 350 comments from agents, attorneys, and homeowners who were equal parts stunned and furious. The seller posted looking for advice, and the response was overwhelming: this is a massive deal, no matter what the agent says.
The listing agent told the sellers it “isn’t any big deal.” The internet strongly disagreed. And the internet was right.
What Actually Happened
The sellers were offloading an inherited property. The house needed significant work and was priced accordingly. A cash buyer made an offer. The option period expired. An agreement on repairs was reached. Closing was set for the following week.
Without the sellers’ knowledge or consent, the listing agent gave the buyers access to the property. The buyers began foundation repairs and started investigating the electrical system. They had no homeowner’s insurance on the property because they didn’t own it yet.
When the sellers found out, their agent downplayed it. The buyers “needed to move in by Wednesday.” The agent apparently decided that was reason enough to hand over the keys before the deal was done.
Every experienced commenter in the thread said the same thing. This is a liability nightmare.
Why Pre-Closing Access Is So Dangerous
The period between an accepted offer and closing is one of the most legally sensitive windows in any real estate transaction. The seller still owns the property. They carry the insurance. They hold the liability.
When buyers enter the property and begin making changes before the title transfers, several things can go wrong simultaneously.
Insurance gaps leave everyone exposed. The seller’s homeowner’s insurance covers the property as it exists. The moment someone starts tearing into the foundation or pulling electrical wires, that work may not be covered under the existing policy. If a worker gets injured on the property, the seller could face a liability claim. If a fire starts from the electrical work, the insurance company could deny the claim entirely because unauthorized construction was underway.
Structural changes can kill the deal. What if the buyers start foundation work and discover a problem far worse than expected? They might walk away from the deal. But now the seller has a property with a partially demolished foundation and no buyer. Who pays to fix it? The answer is usually lawyers, and that means everyone loses.
The buyer gains leverage they shouldn’t have. Once a buyer has physically altered a property, the power dynamic shifts dramatically. They can argue the property is now worth less than the agreed price because of what they “discovered” during their unauthorized work. They can demand further concessions. They can slow-walk closing while continuing to use the property rent-free.
Permit and code violations become the seller’s problem. If the buyers pull permits for work on a property they don’t own, it creates a tangled bureaucratic mess. If they don’t pull permits, the seller could be on the hook for unpermitted work on their property. Either scenario is a headache that no seller should have to deal with.
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The comments section read like a masterclass in what not to do during a real estate transaction. Several recurring themes emerged from agents and attorneys who weighed in.
”Fire the agent immediately” was the most common response. Multiple commenters pointed out that the listing agent violated their fiduciary duty to the seller. An agent’s job is to protect their client’s interests. Giving the opposing party unsupervised access to the property, without the owner’s consent, is the opposite of protection.
”Get a real estate attorney involved today” was the second most common recommendation. Several commenters noted that the agent’s behavior could constitute a breach of the listing agreement. The sellers may have grounds to file a complaint with the state real estate commission.
”Document everything before closing” came up repeatedly. Commenters urged the sellers to photograph and video the current state of the property, especially the areas where work was done. If the deal falls through or if damage is discovered later, documentation is the only thing that protects the seller.
”Make sure the buyers have insurance before they touch anything” was another theme. Several agents mentioned that in rare cases where early access is appropriate, it requires a formal pre-closing possession agreement, proof of insurance, and written consent from all parties.
One commenter who identified as a real estate attorney put it bluntly: “Your agent just created a liability exposure that could exceed the value of the home. This is not a minor issue.”
When Is Early Access Ever Appropriate?
There are legitimate situations where a buyer might request access to a property before closing. A contractor needs to take measurements for a renovation planned after closing. The buyer wants to have a specialty inspection done. A utility company needs access to set up service.
The critical difference is that early access should never happen without all of these elements in place.
A formal pre-closing possession agreement. This is a written contract, separate from the purchase agreement, that spells out exactly what the buyer can and cannot do on the property. It includes dates, times, permitted activities, and consequences for violations.
Proof of liability insurance. The buyer must carry their own insurance that covers any work done on the property and any injuries that occur during that work. This protects the seller from being dragged into a claim.
Written consent from the seller. Not a text message. Not a verbal OK relayed through an agent. A signed document that confirms the seller understands and approves the specific access being granted.
No structural or mechanical work. Most attorneys will tell you that early access should be limited to inspections, measurements, and walkthroughs. The moment someone picks up a hammer, the risk profile changes entirely.
Without every single one of these safeguards, early access is a gamble that overwhelmingly favors the buyer at the seller’s expense.
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What the Sellers Should Do Now
Based on the collective advice from hundreds of experienced commenters, the sellers in this situation have a clear path forward.
Step one: Document the current state of the property. Walk through the house with a camera and record everything. Focus on the areas where the buyers were working. Note any changes from the property’s condition before the buyers gained access.
Step two: Consult a real estate attorney. Not their current agent. An independent attorney who can review the listing agreement, assess the agent’s conduct, and advise on whether to file a complaint with the state licensing board.
Step three: Demand a pre-closing possession agreement retroactively. If the sellers still want to close the deal, they should require the buyers to sign a formal agreement and provide proof of insurance for the work already done. This creates a paper trail that protects the sellers if problems surface later.
Step four: Consider whether the agent should be replaced. In most states, sellers can terminate a listing agreement for cause. An agent who gave unauthorized access to a third party has arguably provided that cause.
Step five: Close the deal if everything checks out. The sellers in the Reddit post were days away from closing. Walking away over this issue might not make financial sense, especially if the property needs significant work and cash buyers are hard to come by. But closing should happen on the sellers’ terms, with proper protections in place.
How to Protect Yourself in Any Transaction
Whether you’re buying or selling, the lesson from this story is the same. Every step of a real estate transaction carries risk, and the right agent is your primary defense against those risks.
For sellers: Your agent should never make decisions about property access without your explicit approval. If your agent seems cavalier about boundaries, that’s a red flag. You want someone who asks permission first and explains the risks before you say yes.
For buyers: Resist the temptation to jump the gun, even if you’re excited about the property. Starting work before closing can jeopardize your entire purchase. If you need early access for any reason, insist on doing it the right way with proper documentation and insurance.
For everyone: The closing process exists for a reason. It ensures that the title is clear, the money is transferred properly, insurance is in place, and both parties have legal protection. Shortcuts benefit no one and expose everyone.
The Reddit post ended with the seller asking “How do we handle this?” The overwhelming answer was simple. Get a lawyer. Document everything. And next time, find an agent who understands that protecting their client comes before accommodating the other side.
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