The Cincinnati Area Board of REALTORS® continues to receive complaints regarding unauthorized access to listed real estate. Many of these complaints are processed under the voluntary citation program. Others are addressed by a full due-process hearing, upon request by the respondent. Whether it’s arriving early or late, not making an appointment or waiting for a confirmation, leaving the property with buyers or others not authorized to be in the property unsupervised, failing to secure the property, etc., you could be found to be in violation of license law and/or the Code of Ethics.
The Ohio Division of Real Estate and Professional has been imposing stiff penalties for violations. And, CABR can also impose penalties that include a fine (up to $15,000), education requirement, warning, reprimand, suspension of membership or expulsion from the Board.
The ODRE has authority over licensees in the state of Ohio. CABR can process complaints against REALTOR® members of CABR or the Multiple Listing Service of Greater Cincinnati.
And, if the complaint is against an unlicensed assistant or a non-member licensee (someone who is licensed, but has not joined a board) under a member broker, the complaint can be processed against the broker and/or any management-level member with the responsibility of supervising the agent or unlicensed assistant. It should be noted that the broker and/or management-level licensee can be joined in a complaint as a respondent, even if the agent is a member.
Being provided access to someone’s property is a privilege that should not be taken for granted. Make sure you – and those you have a duty to supervise – are following the rules.