When a seller lists a house with an agent, they place an enormous amount of trust in that agent. The seller relies on the agent to guide them through what can be a lengthy and complex transaction. Additionally, the seller is granting access to their home. This access is not just extended to the agent, but also to complete strangers — including potential buyers at open houses, other agents showing the property, inspectors, radon testers and appraisers. That is a significant number of unfamiliar individuals entering what is often the homeowner’s most private and secure space. It is the agent’s responsibility to honor this trust by ensuring access to the property is provided in a safe and authorized manner.
Unauthorized access: citation
The WRA Professional Standards Program has frequently encountered allegations of agents providing unauthorized access to properties. This serious offense is subject to disciplinary action by the WRA Citation Panel, which has the authority to issue citations in such cases. The panel is composed of members from the WRA Professional Standards Committee. When a complaint is filed against a REALTOR® member and the allegations fall under the violations listed in the citation schedule, the panel can issue a citation and impose discipline in line with the schedule.
In one complaint, a seller returned home to find an unaccompanied buyer wandering through their property. Alarmed, the seller contacted the listing agent, who then filed a complaint. During the investigation, the agent working with the buyer admitted to providing the buyer with the lockbox code, citing an inability to attend the showing.
A grievance panel determined that this violation was covered under the WRA Citation Policy and issued a $1,000 citation to the agent, who paid the fine without requesting a hearing. For a second offense, the penalty increases to $2,000, along with mandatory additional education as determined by the panel.
Unauthorized access: Articles 1 and 3 of the REALTOR® Code of Ethics
Article 1 outlines the primary ethical duty of REALTORS® to protect and promote their client’s interests. A violation of Article 1, as clarified by Standard of Practice 1-16, occurs when a seller’s agent accesses, uses, or allows others to access or use the client’s property on terms not authorized by the client.
Standard of Practice 1-16
REALTORS® shall not access or use, or permit or enable others to access or use, listed or managed property on terms or conditions other than those authorized by the owner or seller. (Adopted 1/12)
Article 3 defines the ethical responsibilities of REALTORS® when cooperating with other agents. A violation of Article 3, as specified in Standard of Practice 3-9, arises when a cooperating agent accesses or permits access to a property under conditions not authorized by the seller or owner.
Standard of Practice 3-9
REALTORS® shall not provide access to listed property on terms other than those established by the owner or the seller. (Adopted 1/10, Amended 1/23)
Lockbox access
Licensees should always adhere to their local association and/or MLS rules regarding the use of lockboxes and must never share a lockbox code with anyone not authorized to access the property. If a licensee has questions about lockbox rules, they should contact their local association or MLS for clarification. Seeking guidance before granting access can help prevent potential citations for unauthorized access.
To learn more about the WRA’s Statewide Professional Standards enforcement process including the Citation Policy, go to www.wra.org/professionalstandards.
Open houses and individual showings
The WB-1 Residential Listing Contract — Exclusive Right to Sell outlines the expectations for sellers and listing firms regarding open houses and individual showings. It requires sellers to minimize the risk of injury, damage or loss of personal property.
The contract also informs sellers that individual showings and open houses may be conducted by licensees not associated with the listing firm. Additionally, sellers are made aware that appraisers and inspectors may perform their tasks without being accompanied by agents from the listing firm or other firms. Buyers and their agents can be present during all inspections and testing.
Sellers have varying levels of comfort with the number of strangers accessing their property during the transaction. The seller and listing firm can adjust the access parameters outlined in the open house and showing responsibilities section of the listing contract. For instance, a seller may request their listing agent to be present during all showings, inspections, testing or other property access events. To ensure clear expectations for both the seller and the listing agent, this arrangement should ideally be documented in writing, either in the additional provisions section or through an addendum to the listing contract.
Agents can remind sellers that in addition to buyers attending open houses and showings, buyers may bring others, such as children, parents, friends or even animals. While sellers cannot prohibit access to buyers with children due to fair housing laws, they may request reasonable limits on the buyer’s entourage. However, agents conducting showings or open houses may not always have prior notice of additional attendees.
Regarding animals, sellers cannot deny access to buyers accompanied by service or assistance animals, as doing so could violate fair housing laws. If a buyer’s agent knows their client uses a service or assistance animal, they should notify the listing agent as a courtesy, especially if the seller has severe allergies or another condition that could rise to the level of an undue burden.
If a seller questions whether a situation qualifies as an undue burden and wishes to deny access to a person with an assistance animal, the agent should advise the seller to consult legal counsel. The agent should also discuss potential fair housing risks with their supervising broker to ensure compliance and mitigate liability.
Let the right ones in
Providing access to a seller’s property contrary to what the seller authorized violates license law and the REALTOR® Code of Ethics. Agents must practice with reasonable skill and care. Providing unauthorized access to a property is not practicing with reasonable skill and care. Additionally, providing access contrary to the lockbox rules established by a local association and/or MLS can land the agent in trouble with these entities. Agents work hard to earn the trust of their clients and honor that trust by keeping access to the seller’s property completely within the seller’s authorization.
