Realtors® and other real estate professionals must understand that they have a superpower – the ability to access other people’s property without supervision. If members of the general public access a property without supervision, that would be called criminal trespass! To paraphrase a famous superhero comic book: with great power comes even greater responsibility

Unauthorized access is a serious issue that demands serious attention. If you are unsure whether you have authorization to access a property, contact the listing agent. It is better to avoid accessing a property without permission than risk receiving an ethics complaint filed against you.

There are two separate sets of rules governing how Northern Virginia Realtors® access a property: The National Association of Realtors® Code of Ethics (the “Code”) and the Regional Rules and Regulations for the SentriLock Lockbox System (the “Rules”).

Article 1, Standard of Practice 1-16 of the Code clarifies that Realtors® representing sellers or landlords “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.” Article 3, Standard of Practice 3-9 of the Code also states that Realtors® representing buyers or tenants “shall not provide access to listed property on terms other than those established by the owner or the listing broker.”

While there are many requirements of the SentriLock Rules, the foundational principle to keep in mind when accessing property via SentriLock is to use them “only for the purposes of gaining authorized entry into real property.”

Sellers may put restrictions on accessing property for personal reasons. For example, if a seller restricts or prohibits showings from 2 to 6 p.m. on weekdays, they might be doing so because there is an unsupervised minor in the property who has been instructed to call the police if someone tries to come in. Many people also own guns for personal protection, and the last thing you want is to put you or your client at risk.

In the interest of your safety, the safety of your clients and protecting the public perception of Realtors®, here are some guiding principles:

DOS

• When representing a seller, discuss showing instructions when signing the listing agreement and ensure that the seller’s instructions are in writing.
• When representing a seller, make sure the showing instructions are clear and easy to follow.
• Have a signed buyer brokerage agreement before showing buyers a property. It is Virginia law, and the brokerage agreement contains important disclosures for the buyer and protections for the brokerage.
• When representing a buyer, always follow the showing instructions.
• If the showing instructions are not clear to you as a buyer’s agent, contact the listing agent to clarify before accessing the property.
• Be present when providing property access to your clients, inspectors, contractors, appraisers, etc. unless the seller or listing agent has consented in writing.
• Meet with prospective buyers at your office or a public place before taking them to a property.
• Ensure that you can observe clients throughout the tour when showing a property.
• Return the key to the lockbox (if any) at the end of the showing.

DON’TS

• When representing a seller, don’t provide access in a manner inconsistent with the seller’s written instructions.
• When representing a buyer, don’t access a property before reviewing the showing instructions – even if the property is vacant.
• Don’t provide, lend or give a SentriSmart app, mobile access code, call before showing code or combination code to anyone without seller or listing agent permission – including customers, clients, inspectors, contractors and appraisers.
• When touring a property with clients, don’t allow clients to come between you and the exit.