Does a buyer have unrestricted access to my home during the option period?
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Does a buyer have unrestricted access to my home during the option period?
I am selling my house and we are currently in an option period. Because I have a chronic illness and am often bed-ridden I have provided the buyers with dates that they may bring in inspectors, contractors, surveyors etc. – all within the time frame that was agreed upon in our contract. They insist that I do not have a legal right to limit their access to my home for these visits and are claiming that, by specifying dates, I am in breach of contract. Am I legally obligated to permit them access to my home at any time they wish?
Asked on January 22, 2012 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There is no law whatsoever requiring the seller to provide unrestricted access to his or her home. When there is no specific terms in the contract itself as to when the buyers have access, the standard that would be applied by the courts in the event of a legal dispute would be whether you acted in "good faith" to support the contract. As long you are doing so--and providing reasonable opportunities for access, especially when viewed in light of your own needs, would seem to be a good faith effort--you should not be in breach of the contract.
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