Is a realtor allowed to show a house that is under contract to other buyers?

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Is a realtor allowed to show a house that is under contract to other buyers?

We are under contract on a home. Our realtor says the house is still being shown in case we decide not to move forward. Can this be done when we have put earnest money down on the house?

Asked on September 6, 2019 under Real Estate Law, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes it can be done. Just because you are in contract to buy it does not mean you own it or can control what is done with it now: the seller still owns it, and can show it to others to have a back-up in case your deal falls apart for some reason. They can't enter into a another contract while yours is in place, but they can see if anyone would be interested just in case.
This is not uncommon in some real estate markets, by the way: my town is a small, easily commutable to NYC town with very few houses available and lots of demand. Sellers regularly continue showing homes even after a contract is signed, because they want to be able to move forward quickly if the contract is terminated (e.g. due to a failure to obtain a mortgage) for some reason.


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