What are out rights in breaking a real estate contract due to unethical behavior by the buyer’s agent?

UPDATED: May 31, 2012

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What are out rights in breaking a real estate contract due to unethical behavior by the buyer’s agent?

The buyer’s real estate agent gave the buyer her key to enter our property with an inspector. The agent was not present the entire time. In fact, the buyer left the agent’s key in the house with all the lights on for over 2 days before our agent got back into town. Can we terminate the real estate contract with the buyer due to this agent’s gross negligence?

Asked on May 31, 2012 under Real Estate Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I can surely understand how upset you must be but it is not clear to me that first this is "gross negligence" - what harm resulted other than an increased electric bill? - or that your state law or contract will allow you to consider the contract breached on these facts.  Do you have an attorney involved?  If you do not perhaps you should consider it and make sure that everything has to be run through him or her if you are not present in the state.  Good luck.

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