Rules & Regs 13 LockBoxes

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13.  LOCKBOXES

For violation of Lockbox sections, see Appendix A, Citable Infractions, 5.1., Showings and Access

13.1   Eligibility for Lockbox Privileges

MLSListings MLS participants and subscribers are eligible for lockbox privileges, including lockbox keys (defined as a physical or electronic key, programmer or other device by which a lockbox can be opened).

Clerical users are not eligible for lockbox privileges. Lockbox privileges may be issued only by Authorized Providers, and are subject to the following additional requirements:

a.   The key holder signs a lease agreement with the Authorized Provider. This agreement shall include and bind the participant or subscriber to all of the provisions of this Section 13.

b.   The participant to which the key holder is licensed cosigns the lease agreement with the Authorized Provider.

c.   The key holder continues to comply with all MLS rules relating to lockbox keys.

d.   The key holder and participant to whom the key holder is licensed remain eligible for MLS services.

e.   The Authorized Provider appears in Appendix B which may be amended from time to time.

13.2  Use of Lockbox Contents

a.   No participant or subscriber may enter a property with or without a lockbox without the listing broker’s permission. The listing broker may grant such permission by specifying permission to use the lockbox through the MLS. Appraiser participants are expressly prohibited from using lockbox keys to enter a property without either the owner’s or listing broker’s permission.

b.   Participants and subscribers shall at all times follow the showing instructions published in the MLS.

c.   Participants and subscribers shall not remove contents of the lockbox for purposes other than showing the home and shall promptly return the contents to the lockbox upon exiting the property.

d.   Participants and subscribers shall keep lockbox contents in their possession at all times after removal from the lockbox. The lockbox and/or contents shall not be removed from the property site without prior consent from the listing agent.

13.3  Key Use and Service

Keys may not be used under any circumstances by anyone other than the key holder, including, but not limited to, lending, borrowing or sharing keys with others. The Authorized Provider is not obligated to provide service on keys or lock boxes to an individual who is not the registered lessee or owner of the component. Keys may only be used for the purpose of facilitating the sale or lease of a listed property.

13.4  Accountability

Key holders must account for keys at the time of any inventory conducted by the Authorized Provider or at any time requested by the Authorized Provider. Key holders who cease to participate or subscribe to the MLS shall return all key(s) in their possession to the Authorized Provider. Failure to return a key(s) will subject the key holder and/or the key holder’s participant to fines and penalties and to being responsible for all costs incurred by the Authorized Provider to secure the lock box key system as a result of the failure to return the key(s). Further, key lease agreements may contain a liquidated damages provision to offset some or all of the costs in reestablishing the security of the system if it is determined that the security has been compromised through the negligence or fault of the keyholder.

13.5  Deemed Unaccountable

Keys shall be deemed unaccounted for if a key holder refuses or is unable to demonstrate that the key is within the key holder’s physical control.

13.6  Written Authority

Participants and subscribers shall not place a lockbox on a property without written authority from the seller and occupant if other than the seller. Inclusions in MLS compilations cannot be required as a condition of placing lockboxes on listed property.

13.7  Removal of Lockbox

Within 3 business days after close of escrow, cancellation or expiration of a listing, the lockbox must be removed.

13.8 Reporting Missing or Unaccountable Keys


Key holders and participants cosigning with a key holder shall immediately report lost, stolen or otherwise unaccountable keys to the Authorized Provider.

13.9  Responsible Keyholder and Temporary Keys.

If the Authorized Provider uses electronic lockbox programmers or keypads, a Participant may purchase or lease additional programmers or keypads (the “Responsible Keyholder”) to be issued on a temporary basis to other keyholders in the Participant’s firm in the event their programmer or keypad becomes non-functional outside normal business hours or under circumstances where a replacement programmer or keypad is not reasonably available from the Authorized Provider. Whenever the Responsible Keyholder issues a temporary key, the Responsible Keyholder shall advise the Authorized Provider in writing within 3 days after said issuance that the programmer or keypad has been issued, to whom, and the date and time of issuance.  The Responsible Keyholder shall also advise the Authorized Provider in writing within 3 business days after possession of the previously issued programmer or keypad has been reassumed.

13.10 Rules Violations


Failure to abide by rules relating to lockboxes as set forth in this section or failure to abide by the key lease agreement may result in discipline as provided in sections 14 and 15 of these rules, in addition to loss of or restriction on all lockbox and key privileges.

13.11 Right to Limit Access


The Authorized Provider reserves the right to refuse to issue activate or reactivate a key or terminate an existing key agreement or otherwise limit access to lockboxes if, in its sole discretion, it determines the security of the system would be compromised by issuing such keys or granting access to lockboxes.

13.12 Lockbox Accessibility


If any lockbox or other device giving access to listed property for real estate professionals and/or service providers is authorized by the seller and occupant and is placed on or present on property listed through the Service, such lockbox or device must be one that is approved by the MLS. The authorized lockboxes sold by, leased by or otherwise offered through one of the Authorized Providers listed in Appendix B have been approved by the MLS.  Unless expressly indicated otherwise by the MLS, for any other lockbox or device to be considered “approved,” use of it must provide reasonable, timely access to listed property such that (1) it  allows all participants and subscribers timely access to listed property by reliance solely on data submitted to and residing on the MLS; (2) complete, accurate and stand-alone instructions are provided for accessing the listed property in the appropriate agent section on the Service; and (3) it ensures that the lockbox or device will provide reasonable access to listed property with any information, code or key needed to access the contents of the lockbox or device to be made available or access to the property otherwise scheduled within four [4] hours of initial contact in the event the lockbox or device requires the participating member to obtain additional information to enable access (ex: “call listing agent for entry code”) with said 4 hour response obligation in effect every day from 8am to 6pm.  The MLS reserves the right to require that the device be submitted in advance for approval.  The MLS also may revoke the approval and/or subject the participant to discipline if the device is used in a manner that fails to continue to satisfy this requirement. Failure to provide reasonable and timely access as required by this section will subject the listing agent to discipline and potential fines.  More than one lockbox or access device may be used on a property as long as one of them is MLS-approved where the listing is submitted.

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