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Unauthorized lockbox use triggers action and reform by real estate authorities

Unauthorized use of real estate lockboxes is becoming a growing concern, prompting regulators, brokerages, and real estate boards to crack down on agents who allow unsupervised access to homes. 

Designed to securely store keys and facilitate scheduled showings, lockboxes are being misused by some agents who share access codes with clients or third parties—violating professional rules and exposing sellers to serious risks, including theft, privacy invasion, and property damage.

The problem is more than anecdotal. In Ontario, the Real Estate Council of Ontario (RECO) has received 20 to 40 complaints annually over the last five years about agents providing unauthorized access to listed properties.

According to RECO registrar Joe Richer, nearly all substantiated complaints led to disciplinary action, with fines starting at $5,500 and reaching as high as $9,500 for repeat or contested violations.

“You’re giving somebody a key with no idea what they’re going to do with it,” said Richer. “That’s a major breach of trust.”

 

Efforts to find a solution

 

The consequences for Realtors go beyond monetary penalties. Industry leaders say misuse of lockboxes erodes public confidence in the profession and can result in legal liability for agents and brokerages.

In response, many brokerages and real estate boards are turning to electronic lockboxes that offer time-restricted access and real-time tracking. Still, the problem persists, with some agents ignoring protocols for the sake of speed or convenience.

 “It’s not just wrong—it’s dangerous,” said prominent Toronto Realtor Frank Leo, who replaced traditional lockboxes years ago after incidents involving unauthorized reentry into client homes.

 

Responsibility lies with seller’s agent

 

Richer said the lockbox is used to simplify the process. It’s a convenience for Realtors, allowing for easier access with the least amount of intrusion possible. But, ultimately, the seller must be comfortable with using a lockbox, and they need to understand the risks.

The seller’s representative is responsible, first and foremost, for protecting the property on the seller’s behalf. They’re expected to be at the showing—unless the seller has specifically instructed that they don’t need to be there.

The agents have a legal obligation to ensure the property isn’t damaged, that nothing is stolen, and that the seller’s privacy isn’t breached.

The lockbox should only be accessed by licensed agents—unless the seller explicitly instructs otherwise, said Richer.

“It’s a very serious issue for us. We have a number of complaints about this annually. And virtually everybody that we receive a complaint about, if it’s supported by evidence that they actually did provide unauthorized access to a property, every single one of those agents has been referred to discipline.”

 

The case for electronic lockboxes

 

Richer said the technology has come a long way, and electronic lockboxes are a much better option. The more advanced systems only provide access codes that are valid for a specific time slot, and sometimes they won’t even allow entry a few minutes early. Others work through Bluetooth and mobile apps, meaning the access is tied directly to the agent’s phone—so you can’t just pass along a code.

There are huge benefits: the listing agent knows exactly when someone enters and leaves. Overlapping showings are avoided, and unauthorized re-entry isn’t possible without a new code.

Richer said there’s no provincial law about which lockbox system to use. That’s determined by the local real estate boards. Members of each board must use the systems authorized by that board.

“The good thing, too, is that the profession as a whole is seeing the importance of it and they’re sick and tired of it, of the people that are doing it (breaking the rules) and so they’re filing complaints about it,” added Richer.

Leo, with Frank Leo & Associates, part of the Re/Max team in Toronto and the Greater Toronto Area, said he’s very concerned about the traditional lockboxes. 

The difference is in the control and accountability, he said, adding he’s always taken client safety seriously.

“As soon as the technology became available, I made it a strict policy in my business to stop using traditional lockboxes. We use electronic lockboxes only,” he said.

 

Changes coming this fall, says TRREB

 

In a statement, John DiMichele, CEO of the Toronto Regional Real Estate Board, said: “As the real estate profession continues to advance, so too do the tools and technologies we rely on to serve clients and uphold professional standards. At TRREB, we are committed to leading that evolution, and this fall, we will introduce a new electronic lockbox solution for our members to enhance both security and accountability.

“The system will provide each (Realtor) with individual access credentials, enable real-time tracking of property visits, restrict access outside of scheduled appointments, and integrate directly with TRREB’s showing management system. This initiative reflects our broader commitment to delivering innovative solutions that support our members’ success and protect the interests of their clients.”

DiMichele said every Realtor has a legal and ethical obligation to follow the rules, especially when it comes to property access and security. 

Lockbox codes must never be shared, and no buyer, appraiser, inspector, or service provider may enter a property unless they are accompanied by a Realtor or have written consent from the seller. 

He said the board’s MLS rules clearly state that a Realtor must be physically present for the entire duration of a visit.

“Breaches of these rules are taken seriously. Complaints submitted to TRREB are reviewed by our Professional Standards Hearing Panel, and violations may result in significant penalties, including fines and mandatory training. Members are also encouraged to report serious infractions to the RECO, the regulator responsible for enforcing the profession’s Code of Ethics,” explained DiMichele.

 “At TRREB, we take our role in supporting member professionalism seriously. We continue to communicate regularly with members about their responsibilities, including best practices for managing property access and ensuring the safety and security of clients and their homes.”

 

No issues reported in Calgary

 

Alan Tennant, CEO of the Calgary Real Estate Board (CREB), said the use of lockboxes is very clearly spelled out. The purpose of access is strictly for showings. It’s a Realtor-to-Realtor environment. Any exceptions need to be approved by the listing agent.

“It’s a major demonstration of consumers’ trust  . . . they’re essentially handing over the keys to their home, expecting that it will be used solely to help get the property sold. So access is intended specifically for Realtors,” he said.

Tennant said CREB has had no reports or issues regarding abuse of the process.

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