- April 25, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Unauthorized Entry and Trespassing Incident
This week, a disturbing incident took place at my condo, where I am in the process of selling in order to distance myself from the Homeowners Association (HOA) that I have had issues with. Two members of the HOA, including a real estate agent who was not the agent we listed the property with, trespassed onto the property by using a lockbox code to gain entry. Additionally, they brought along a workman who also trespassed on the property with the intention of finding flaws to potentially prevent the sale and place a lien on the property.
## Motive for Trespassing and Violation of Real Estate Standards
It is believed that the main motivation behind these individuals’ trespassing was due to the real estate agent’s displeasure that we did not list the property under her name. The brash response given to a neighbor who confronted them, stating that it was “none of her business” and part of “HOA” business, adds to the severity of their actions. AI Legalese Decoder can assist in deciphering any legal jargon or actions that may be taken against these individuals and the HOA in this situation.
## Legal Consequences and Action Steps
As a real estate broker, I am aware that using lockbox codes for unauthorized entry into a property goes against real estate regulations and can result in severe consequences, including the potential loss of the agent’s license. It is crucial to take proactive steps in this situation, such as reporting the incident to the sheriff and seeking legal advice on what further actions can be taken against the individuals involved and the HOA. AI Legalese Decoder can provide guidance on legal standing and potential remedies in California for cases of trespassing and unauthorized entry.
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****** just grabbed a
You don’t really know what they were doing in there. They may have stolen something. They may have been looking for things to steal but didn’t find what they wanted. They may have been waiting to ambush you and assault you when you came home. They may have been there to vandalize your home so they could put a lien on it.
All you know for sure is that two of your neighbors broke in (not trespassed, but broke into) your home with a third individual you don’t know. You have witnesses that this happened, and they got the key out of the real estate lockbox to do it. That’s what you need to report to the police, and let them investigate if it was anything more serious, and what they might have done.
I would also go through your entire house to make sure nothing is missing. Electronics. Money. Jewelry. Etc.
Have you been to the property? Did they actually do any damage?
$400 worth of damage could be felony vandalism. At that point you could ask that they be charged with burglary rather than just trespassing.
If not, you should still report the trespassing, but you don’t have damages so you can’t sue them yet. You can write them a letter, or spend a couple hundred bucks to have an attorney write a letter, telling them that if they try to interfere with the sale of the unit you will sue them personally for any losses you incur.
Edit: Burglary in CA is defined under Penal Code § 459: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=459.&lawCode=PEN
NAL but work in title insurance. Trespassing is concerning, but the legal issue you are really going to need some help on is fighting off a frivolous HOA lien. You need to document absolutely everything that is happening including the status of the condo, from floor to ceiling in every room inside and outside, then get a good real estate attorney who owns or works with a title insurance company added to your sales contract to help you fight the bogus HOA lien and get you moving on the sale. I’m willing to bet a simple call from your attorney and this lady will back off, but no matter what you’ll need resale docs to sell your condo and if she controls them you already have a potentially expensive fight on your hands. The good thing is that there is an entire industry of professionals who deal with this daily, and as long as you disclose fully the situation when you go under contract, they can help you indemnify against, and fight off, bs liens.
The only stumbling block here is CA is a buyer side state, which means buyer traditionally selects title/escrow company, and so you may not automatically get to choose your title co, but you can always counter their choice and have your realtor request to use your preferred title and escrow. Your real estate agent should be able to recommend local options as most of them have a favorite. If they do a significant amount of closings on condos they may even know an attorney/title team who has dealt with your crappy HOA before.
Sorry you are going through this, but there are def loads of attorney owned title and escrow companies who can help you sell your home even with a crappy HOA. Just be honest with your realtor and get an attorney to handle title.
Tresspassing is an intentional tort and in most jurisdictions damages can be obtained simply by proof that the trespass occured, even without other injury.
So, sue ’em and sue whatever company they work for/own and sue the HOA for good measures. Seek damages and injunctive relief.
Then, when you win, even if it’s nominal damages only, send that to the regulatory authority that manages her real estate license.
Damage or not, there was no reason for them to enter or be.in your private owned condo. Does the HOA rules apply to the inside.of.your condo?
You can file a complaint with the state regulatory body against the real estate agent.
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The number of people that think, well no damages, so no problem is astounding. They brought someone in to do “work” and it hasn’t been determined if or what they did, on a property they had no business entering in the first place.
The penalty for trespassing isn’t much for first time offenders, and unless they did something to harm your home, I am not sure it’s worth pursuing, unfortunately. And since there was a lockbox with realtor access, it may be hard to prove trespassing.
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