The Bronx, NY asked in Real Estate Law for New York

Q: can a real estate agent have the in side of my house demoed with out my permission and if not what rights do i have

my mother died from coronavirus i had to sell the house in order to pay back a reverse mortgage. The real estate agent asked for the key

so he could show the house i returned to the house to retrieve my belongings everything was thrown away i had no chance of recovering any of my items

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2 Lawyer Answers
Carl Nelson
Carl Nelson
Answered

A: In general, an agent must act in the best interest of the principle and at their direction. So if you hired an agent to sell property that you own and did not permit them to dispose of items, it would seem they acted outside the scope of their employment.

James L. Arrasmith
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Answered

A: An agent cannot authorize demolition or disposal of property inside a house without explicit permission from the owner or legal authority. If your property was demolished or your belongings disposed of without your consent, this could be a serious breach of professional duties and possibly a legal violation. You have the right to seek compensation for any losses and can consider filing a complaint against the agent with the New York State Department of State, which oversees real estate licensing.

Additionally, legal action for damages caused by unauthorized demolition or disposal of your belongings might be appropriate. It's essential to collect evidence of the damages and the lack of authorization you provided. Consulting with a lawyer who has experience in real estate and property law will help you understand your legal options and the best course of action. Taking prompt action is crucial to protect your rights and seek any potential remedies for the losses you've incurred.

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