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Access Without Permission – Criminal Trespass

It is extremely important to schedule appointments with listing agents before showing homes – even if they are vacant. Not only is this a common courtesy, it is an absolute necessity. It is important that all agents understand the severity of the consequences of entering a home without permission. Not only is it wrong, it’s illegal. In fact, it may constitute criminal trespass. Aside from the legal, ethical, and professional consequences, negative actions have a negative effect on the entire industry. REALTORS® are known for abiding by a strict Code of Ethics and are known for their professionalism and high standards. Just one incident can have a ripple affect and negatively affect an entire industry. To understand the importance of this matter, please understand the following: If someone enters real property without the permission of the owner, the owner can press charges for criminal trespass to real property, which is a class A misdemeanor. If someone enters an occupied dwelling without permission, knowing that the dwelling is occupied, the owner can press charges for criminal trespass to a residence, which is now a felony. Even after an agent has scheduled an appointment to show a home, the agent should ring the doorbell or knock loudly before entering to ensure that the agent doesn’t walk in on a homeowner and startle him or her. When in doubt, follow the Golden Rule or call to inquire about the proper protocol.

Minimum Services

(225 ILCS 454/15‑75) (Section scheduled to be repealed on January 1, 2010) Sec. 15‑75. Exclusive brokerage agreements. All exclusive brokerage agreements must specify that the sponsoring broker, through one or more sponsored licensees, must provide, at a minimum, the following services:

(1) accept delivery of and present to the client offers and counteroffers to buy, sell, or lease the client's property or the property the client seeks to purchase or lease;

(2) assist the client in developing, communicating, negotiating, and presenting offers, counteroffers, and notices that relate to the offers and counteroffers until a lease or purchase agreement is signed and all contingencies are satisfied or waived; and (3) answer the client's questions relating to the offers, counteroffers, notices, and contingencies.

(Source: P.A. 93‑957, eff. 8‑19‑04.)

Complaint form for violation