Many violations are a result of misunderstanding or ignorance of the rules. If you find that unauthorized access has occurred, start by picking up the phone. Reaching out to the agent or his or her broker could play an important role in educating the agent about proper access rules and eliminate future violations by that agent.

If you do not wish to file an official complaint, and do not feel comfortable speaking to the agent or broker directly, the NVAR Ombudsman Program is a great option. One of our trained Ombudsmen (a fellow NVAR Realtor®) will reach out to you to discuss what happened. The Ombudsman will then contact the agent and his or her broker to determine if all parties can reach a resolution. For example, sometimes a homeowner only wants an apology and a promise that the agent will discontinue that behavior.

If these suggestions are not successful, you do have the option to file an ethics complaint. Unlike the Ombudsman Program, which allows for negotiated agreements between the parties, filing an ethics complaint is part of an established disciplinary process. NVAR has an online filing system where a Complainant alleges violations of the Code, SentriLock Rules or NVAR Bylaws. The Complainant must cite the specific rule that has been violated, provide an explanation as to the alleged behavior, and provide any supporting documentation believed to show that the violation occurred.

Once received by NVAR, the complaint will be sent to both the Complainant and Respondent. Next, the NVAR Grievance Committee will review the complaint to determine if there is a possible violation of the Code or SentriLock Rules.

Many SentriLock violations fall under the NVAR Citation System. If the Grievance Committee determines that a citable offense has occurred, the Committee has the ability to issue a citation to the Respondent. If the Respondent acknowledges the unethical behavior did occur and pays the citation, the case will be closed. Alternatively, the Respondent has the option to request a Professional Standards Hearing where both the Complainant and the Respondent will have an opportunity to present their case. A panel comprised of members of the NVAR Professional Standards Committee will determine if a violation, as alleged in the complaint, has occurred. If a violation is found, the panel may issue sanctions, which could include a letter of warning, monetary fine, and/or education.

If someone has accessed your listing without permission, consider being a positive influence on the agent and the REALTOR® brand by sharing your knowledge and contacting that person. Remember your responsibility to your fellow REALTORS® and the clients you serve!

Q: Can a buyer bring the contractor to the walk-through?

Not unless otherwise agreed to. Paragraph 10 indicates that the seller only allows access to the broker and buyer to make a walkthrough inspection.

However, the parties could agree upfront that the seller will provide broker, buyer, and licensed professional or insured inspector(s) retained by buyer reasonable access to the property for the purpose of conducting a home inspection(s) and/or other inspection(s) of the property during a specified time period.