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15.  USE OF ELECTRONIC LOCKBOX AND
      KEYPAD

15.1      Eligibility for Lockboxes. Lockboxes and keypads are administered by an Administrator in the BAREIS service territory.  BAREIS Participants and Subscribers in good standing are eligible for lockbox privileges.  Clerical users are not eligible for lockbox privileges.  BAREIS Participants and Subscribers shall be eligible to hold an electronic lockbox and keypad provided (12/12/05):

(a)        The keypad holder signs a lease agreement with his/her local keypad administrator.

(b)        The Participant to which the keypad holder is licensed cosigns the lease agreement (if necessary under your lease agreement).

(c)        The keypad holder continues to comply with all BAREIS rules relating to lockboxes and keypads and all terms of the lease agreement and user’s guide provided by the issuing entity.

(d)        The Participant and Subscriber remains eligible for BAREIS MLS® services.

15.2      Keypad Use. Keypads may not be used under any circumstances by anyone other than the keypad holder. Permitting the unauthorized use of a keypad is subject to the fine listed in Attachment A. If a keypad user loses a keypad, or the keypad is stolen and the access codes are stored with a keypad, this shall be considered permitting unauthorized use. (11- 2001)

15.3     Accountability. Keypad holders must account for keypads at the time of any inventory conducted by the issuing keypad administrator, or its designated representative.

15.4      Deemed Unaccountable. Keypads shall be deemed unaccounted for if a keypad holder refuses or is unable to demonstrate that the keypad is within the keypad holder's physical control.

15.5      Written Authority. Participants and Subscribers shall not place a lockbox on a property without written authorization from the seller and without advising the seller of the seller’s duty to secure permission for broker access from the occupant, if the occupant is not the seller.  The Listing Broker must remove the lockbox from the property upon close of escrow, termination, or unless instructed otherwise in writing by the buyer or the buyer’s agent.

15.6      Listing Broker's Permission. No MLS Participant or Subscriber may enter a property with or without a lockbox without the listing broker's permission. Such permission may be granted by the listing broker specifying permission to use the lockbox through the MLS Database.  Appraiser Participants are expressly prohibited from using lockbox keypads to enter a property without either the owner's or listing broker's permission. Showing instructions contained in the database does not satisfy the appraiser permission requirement.

15.7      Unaccountable Keypads. Keypad holders and Participants cosigning with a keypad holder shall immediately report lost, stolen, or otherwise unaccountable keypads to its local keypad administrator or its designated representative in accordance with the lease agreement.

15.8      Failure to Abide by Rules and Regulations.  Failure to abide by these Rules and Regulations and the usage requirements of the entity issuing the lockbox and keypad may result in disciplinary sanctions as provided within these Rules and Regulations, in addition to loss of or restriction on all lockbox and keypad privileges.          

15.9      Right to Limit Access. BAREIS reserves the right to refuse or limit access to lockboxes if, in its sole discretion, it determines the security of the system would be compromised by granting access to lockboxes.

15.10    Protection of Property.  Extreme care shall be used by a Member to ensure that all doors to the listed property to which the Member has had access and the lockboxes thereon are locked. (12/12/05)

15.11   Compatible Lockboxes; Multiple Lockboxes.  If a lockbox is present on a property that is located in a Principal County (Sonoma, Marin, Napa, Solano and Mendocino) and that is listed for sale in the BAREIS MLS® database, that lockbox must be a BAREIS approved electronic lockbox or a lockbox that is compatible with the BAREIS approved system or that is otherwise approved in writing by BAREIS.  This rule does not prohibit the placement of additional lockboxes. (Effective 4/01/08)

Contents
NOTICE
1. Authority
2. Purpose
3. Definitions...
4. Ownership...
5. Membership...
6. Fees & Charges...
7. Notification...
8. Regional/...
9. Listing Procedures...
10. Selling Procedures
11. Compensation
12. Confidentiality...
13. Advertising...
14. Internet...
15. Lockbox/Keypad
16. Violations...

 To print a full version of the new Rules & Regulations click here Complete version.

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All rights reserved.

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