No Trespassing – Breaking and Entering
More Complaints – More Fines
The National Association of REALTORS®, Ohio Division of Real Estate and Professional Licensing and MLS Rules and Regulations all address the issue of access to listed property. And, CABR continues to receive complaints pertaining to unauthorized or non-compliant access.
Below are just a few examples of activities that can result in a $1,000 – $15,000 fine from the Professional Standards Committee for violating the Code of Ethics (Note: ODRE and MLS have separate schedules):
- Entering a listing early or staying late
- Not making an appointment or waiting for a confirmation
- Making an appointment and allowing another licensee to use it (think teams)
- Leaving the property with buyers or others not authorized to be in the property unsupervised
- Allowing a non-real estate licensee to access the property without a real estate licensee present – without express written consent from the seller
- Providing a lockbox code to a person not authorized to have it
- Failing to secure the property
- Not following showing instructions
- Allowing video chat or pictures/videos to be taken without express written consent from the seller
If a 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 could 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.
Click on the links below for related articles from CABR and the Ohio Association of REALTORS®.
And, remember….if something is amiss at the property, contact the listing agent.