The following case study is taken from the Professional Standards files of the REALTORS® Association of Hamilton-Burlington. The names have been changed.
Salesperson A had an appointment to view 123 Anywhere St. at 1 p.m. Salesperson B had an appointment to view the same property at 1:30 p.m. and arrived ahead of schedule. Salesperson B noticed a suspicious-looking woman and her young son looking in the front window of the property and the son was holding a key in his hand. The two approached Salesperson B and asked if he was the Seller. Salesperson B said no, he was there to show the property. The woman presented a business card and indicated she had an appointment with Salesperson A, who had just called her on her cell phone and was running late and would arrive shortly.  The boy handed the key to Salesperson B.
Salesperson B took his clients through the property and upon exiting locked the door and returned the key to the lock box. Salesperson A had still not arrived for the showing and the woman and son were still waiting.  Salesperson B informed the woman she should not have the key and had to wait for her Salesperson. Salesperson B immediately called the Listing Brokerage to notify them what happened at the showing.
During this whole incident, the seller happened to be sitting in his vehicle, parked across the street, and witnessed what transpired. The Seller called his Listing Agent immediately to find out how a member of the public would know the lock box combination to his property and to note that had Salesperson B not arrived, the woman and her son would have entered his property.  The Seller subsequently lodged a complaint with the Professional Standards Committee.
Through the Professional Standards investigation, testimony and documentation, it was discovered that Salesperson A provided a member of the public with the key combination over the phone.
At a Discipline Hearing, the member was found to be in breach of the REALTORS® Association of Hamilton Burlington Rules and Regulations, Section 12, Trading Procedures – Sub-section 12.08:
12.08Â Â
With the knowledge and authority of the Listing Brokerage, keys or other entry systems may only be used by Members for the purpose of inspecting properties or showing properties. The making of duplicate keys from the one obtained, the action of failing to return the key to the Listing Brokerage within a reasonable time, or the turning over of the key or information on the entry system to any Person not authorized by the Listing Brokerage, is an unauthorized use.
The member was assessed the hearing costs, fined, and was required to take a continuing education course.
The moral of the story?Â
Under no circumstances is a member permitted to provide the lock box combination to an unauthorized user.