Lockbox Authorization

CP-16 (Commission Position on Access to Properties Offered for Sale)

CP-16 addresses access to properties offered for sale, and it is the position of the Commission that the access information, and adherence to other instructions, whether through lock box code or other means, is the responsibility of the listing broker. Listing brokers should take every effort to safeguard the access information on behalf of the seller.

Broker Responsibilities

It is the responsibility of the listing agent to make sure that those seeking access to the property are legitimate persons or entities and that the brokers gaining access are verified as to their identity and are actual licensed real estate brokers.

The broker should also note that the Exclusive Right-To-Sell Listing Contract includes language in section 23 (MAINTENANCE OF THE PROPERTY), which addresses the broker’s and brokerage firm’s liability for damage of any kind occurring to the property caused by their negligence. Brokers are advised that any failure to safeguard the access information and adherence to the instructions of the seller related to access by others could result in a claim of negligence brought against them.

Selling brokers who obtain access information should safeguard that information at all times. At no time should a selling broker share the access information with a third party (inspector, appraiser, buyer, etc.) without the listing broker’s authorization.

In addition, Commission Rule 6.16 (Access Information for a Property) states that “A Broker who is not the owner’s Broker is prohibited from sharing access information to a property with any third party, such as an assistant, home inspector, contractor, or a Consumer without prior authorization from the owner’s Broker.”

Brokers are advised to take the time to verify the true identity of anyone requesting access to properties, and to be on the lookout for any suspicious persons, companies or activities that may not appear to be legitimate