Sept. 15, 2008
Dear George: Can a real estate agent give us the keys to a home so we can see it without her? My wife and I have been given the combination to the lockboxes on many properties during our search for a new home. However, there's one home we're interested in where the agent refuses to give us the keys.
Answer: A real estate agent who has obtained a listing on a residential property cannot release the key or a combination to the key without the owner's permission. Perhaps this agent did not have the owner's permission. Also, many agents now use electronic lockboxes that can't be opened with a simple combination; they require an electronic key that only the agent has.
Dear George: Can a homeowners association charge a fee to an owner in the association when he sells his house? And if such a fee is legal, can the association increase it without approval?
Answer: Yes. A homeowners association that requires membership of the property owners within its boundaries and follows the requirements to charge owners a transfer fee upon conveyance can legally assess a fee when you sell your home. The same answer goes for increasing the amount of the transfer fee. However, as a member of the homeowners association, you have the right to inspect the language that allows the association to charge such a fee. You should have received a copy of the covenants, conditions, and restrictions of the homeowners association when you bought your property.
E-mail a question to ask George & Chuck or fax it to 713-978-6684. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.
