Sam Seller and Betty Buyer enter into a contract for the sale of Blackacre (“the Property”). Sam agrees to provide Betty access to the Property and as part of the contract paperwork, Sam and Betty execute the Buyer’s Limited Access to Premises Agreement. Prior to closing, Betty arranges to have contractors see the Property in order to make arrangements for planned work. In order to save time, Betty authorizes one of the contractors to install new carpeting in the home prior to closing.

As Mark Twain once famously said, “the reports of my death are greatly exaggerated.” Much is written about the disruption of the real estate industry and the desire of technology related real estate companies to cut out the real estate agent from the transaction. There is no question that a number of companies and business plans wish to do just that with the help of private equity financing.