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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) |
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Copyright @ 2008 by Bay Area Real Estate Information
Services, Inc.
All rights reserved.
153 Stony Circle, Suite 200, Santa Rosa, CA 95401
(707) 575-8000 (800) 776-5252 (CA only) FAX (707) 577-0140 |
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