ARTICLE 12: SUPRA Lockbox and Keyholder Rules
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- Section 12.1 Definitions
- Section 12.2 SUPRA Lockbox and Key Services
- Section 12.2.1 Lockbox Ownership
- Section 12.2.2 License to Use
- Section 12.2.3 Use Restrictions
- Section 12.2.4 Refusal to Issue Key and Other Actions
- Section 12.2.5 Security of Lockbox Key and Property Key
- Section 12.2.6 Lost or Stolen Key
- Section 12.2.7 Audit and Inspection
- Section 12.2.8 Violations Related to Ethics Complaints and Arbitration Requests
- Section 12.2.9 Fines and Penalties
- Section 12.2.10 Designated REALTOR® and Key Holder Responsibilities
- Section 12.2.11 PIN and Shackle Code Requests
- Section 12.2.12 Action to Enforce
- Section 12.2.13 Authorization Requirement
- Section 12.2.14 Costs and Fees
- Section 12.2.15 Resale of Lockboxes
- Section 12.2.16 Proper Use of Key System
- Section 12.2.17 Multiple Keys
- Lockbox is the lock box supported by the Supra Information System.
- Lockbox System is the Supra Information System supporting the Lockbox.
- Key is the Active Key or e-KEY Software or any future product introduced by Supra.
- Key Holder or Holder is a real estate licensee ,licensed appraiser who subscribes to the CVR MLS SUPRA lockbox key service.
- DR (Designated REALTOR®)/Participant as defined under Article 3, Section 3.1 of the CVR MLS Rules and Regulations.
- CVR MLS is the Central Virginia Regional Multiple Listing Service.
- Person means an individual or an entity.
CVR MLS will vend SUPRA I-Box Lockboxes and administer Key leases for Participants and Subscribers of CVR MLS, South Central Association of REALTORS® MLS (SCAR MLS) and the CBRAR PS. All CVR MLS and CBRAR PS Participants and Subscribers are eligible to lease a Supra lockbox key, subject to submissions of letters of good standing, execution of a lease agreement with CVR MLS and SUPRA and the payment of all required fees.
Limited Access E-key Only Service
a. Licensed pest control inspectors affiliated with a CVR MLS Service Provider Company may lease a SUPRA Limited Access E-key. Limited Access E-key holders must obtain an access code from the Listing Agent in order to enter a property. Listing Agents are not required to authorize limited E-key access.
Sharing of Limited Access E-keys is strictly prohibited. Any sharing of a Limited access E-key or entry for a purpose other than a termite inspection is considered unauthorized access and a default under the term of the CVR MLS Service Provider User Agreement. CVR MLS Service Provider Limited Access E-key service may be terminated for non-payment of applicable fees and/or unauthorized use or sharing of E-keys.
Requirements: A Pest Control Company that desires access to SUPRA Limited Access e-Key service must submit proof of VDAC licensure and Quality Pro certification; a completed CVR MLS Service Provider application and Service fee. Once a Pest Control Company has been approved for limited access e-Key service, licensed inspectors affiliated with the Pest control Company may obtain a limited access E-key by executing a CVR MLS Limited Access e-Key application, a SUPRA limited access E-key agreement and payment of the activation fee.
b. Un-licensed assistants employed by CVR MLS Participants and/or subscribers may lease a SUPRA Limited Access E-key. To obtain access unlicensed Assistants must complete an application signed by the CVR MLS Participant, execute a SUPRA Limited Access e-Key agreement with SUPRA and pay all activation and user fees.
When Lockbox ownership is transferred between Participants and/or Subscribers, the Lockbox purchaser must notify CVR MLS or SCAR, (as appropriate) of the change in ownership. The purchaser of the Lockbox must supply CVR MLS or SCAR with a copy of the “Bill of Sale” from the titled Lockbox owner indicating the Lockbox serial number and shackle code.
Holder is granted a revocable lease and license to use the Key in connection with the Holder’s normal and customary activities, while acting as a real estate agent or appraiser on the terms and conditions set forth herein.
Holder shall use the Key only for the purposes of gaining authorized entry into real property on which a CVR MLS SUPRA Lockbox has been installed pursuant to an agreement with the Seller of such real property. Use of a Key to gain entry to a property for any purpose other than the exercise of authority or responsibility derived from the agency, sub-agency, or other legally recognized brokerage relationship granted by the owner in the Listing agreement or offer of cooperation by the Agent, or from an appraisal relationship with the owner or contract buyer, is specifically prohibited. Utilization of information derived from viewing properties shall not be used or conveyed to anyone for any purpose other than to facilitate the sale or lease of real property.
a.)CVR MLS may (i) refuse to issue a Key to any person, (ii) terminate or suspend the Holder’s use of a Key or the Lockbox System, (iii) refuse to activate or reactivate any Key, (iv) refuse to sell or lease any Lockboxes or Keys, (v) subject the Holder and/or DR to such fines and other penalties as determined by Bylaws, Rules & Regulations and policies of CVR MLS, as a result of any one or more of the following events:
1. Termination of Holder’s affiliation with an eligible Participant
2. Failure of Holder to pay all fees set forth in this document or other fees assessed against Holder pursuant to the CVR MLS Rules & Regulations, and policies;
3. Failure of Holder to comply with any of the terms and conditions set forth herein, including but not limited to, the provisions for security in Section 12.2.5, or the CVR MLS Bylaws, Rules & Regulations and policies; or
4. If Holder or DR is convicted of any felony or a misdemeanor relating to the real estate business or poses a potential risk to clients, customers, or other real estate professionals.
b.)CVR MLS may summarily suspend a Holder’s use of a Key or the Lockbox System if Holder or DR is arrested for any felony or a misdemeanor relating to the real estate business or poses a potential risk to clients, customers, or other real estate professionals. In the exercising this right, CVR MLS shall afford such due process as it deems in its discretion, fair and feasible in light of the circumstances. CVR MLS shall seek to minimize any period of suspension prior to an opportunity for a hearing on the issue of whether the Holder engaged in the conduct for which Holder was arrested and whether such conduct relates to the real estate business or poses a potential risk to clients, customers or other real estate professionals.
c.)CVR MLS may consider the following factors, along with any other relevant information, in determining any action taken with respect to items a and b. above:
1. the nature and seriousness of the crime;
2. the relationship of the crime to the purposes for limiting Lockbox access;
3. the extent to which access (or continued access) to Lockboxes might afford opportunities to engage in criminal activity;
4. the extent and nature of any prior convictions;
5. the time since criminal activity was engaged in;
6. evidence of rehabilitation while incarcerated or following release; and
7. evidence of present fitness to hold a Key.
Holder acknowledges that it is necessary to maintain security of the Key and the property key to prevent their use by unauthorized persons. Holder agrees:
a. To keep the Key in Holder’s possession or in a safe place at all times;
b. Not to allow Holder’s PIN to be attached to the Key;
c. Not to disclose Holder’s PIN to any third party;
d. Not to lend the Key or the property key to any person for any purpose whatsoever or to permit the Key or the property key to be used for any purpose by any other person;
e. Not to duplicate the Key or the property key or allow any other person to do so;
f. Not to assign, transfer or pledge the Key or any other rights thereto.
g. Not to allow anyone who has been admitted to the property by Holder to remain in the property after the Holder has left the property without the consent of the property owners;
h. To return to the property key(s) to the Lockbox when leaving the property;
i. Prior to leaving the property, close and lock any windows or doors opened or unlocked by the Holder or by anyone admitted by the Holder , and follow all additional security procedures as specified by CVR MLS, from time to time.
In the event a Key is lost, stolen, or otherwise unaccounted for, Holder shall notify CVR MLS within forty-eight (48) hours, by telephone and in writing. The Holder shall promptly report any such theft to the appropriate law enforcement agency. If the lost Key is found and returned to CVR MLS in good working order, the cost of the replacement Key will be refunded, less an administrative fee. If the Key is lost or stolen, the Holder agrees that the Key will immediately be deactivated by CVR MLS.
CVR MLS reserves the right to conduct an audit of all Keys at its discretion.
Holders shall submit the Key for inspection within a reasonable time at CVR MLS’s office after receipt of a written notice. The Key shall be deemed unaccounted for if the Holder does not demonstrate that the Key is within Holder’s physical control, and Holder shall be subject to fines and/or penalties and deactivation of Key as established by the Bylaws, Rules and Regulations, and policies of CVR MLS.
If a Lockbox Key security violation involves an ethics complaint or arbitration Request, the ethics or Arbitration hearing will be held first in accordance with the procedures of the NAR Code of Ethics and Arbitration Manual.
a. First Offense: $500 fine
b. Second Offense: $1,000 fine and a 30-day suspension of Key and Lockbox System privileges.
c. Third and subsequent Offenses: $2,500 fine and 60-day suspension of Key and Lockbox System Privileges
For as long as Holder shall have an activated Key, the Designated REALTOR® shall maintain supervisory authority over Holder. Holder shall be actively engaged in the real estate profession as defined by the National Association of REALTORS®.
a. Holder shall maintain an active, valid Virginia real estate license or appraiser’s licenses.
b. Holder agrees acknowledges that they are liable for all duties, responsibilities, and obligations consistent with use of the Key and lockbox service.
c. Holder shall promptly notify CVR MLS or SCAR should they cease to hold an active, valid real estate or appraiser’s license.
d. Holder shall comply with all Rules and Regulations and Policies for use of Lockbox and Key.
e. Holder shall keep CVR MLS advised in writing of their current address at all times. Address changes shall be reported to CVR MLS or SCAR within three (3) days.
f. Should Holder transfer ownership of the Lockbox(es) to another authorized individual, Holder shall immediately notify CVR MLS in writing of the transfer and identify by serial number and shackle code the box(es) involved.
If a Key Holder requests a new PIN or has forgotten their PIN, they must appear personally at CVR MLS’s office and produce appropriate identification.
a. Appropriate identification shall consist of a valid Virginia Driver’s License (or in the absence thereof a valid picture ID) and Holder’s Virginia Real Estate License (pocket copy).
b. Should a Lockbox owner need to obtain a shackle code, the lockbox owner or Designated REALTOR for the Subscriber/owner may call and giving their Key PIN to staff. Staff may then release the shackle code via telephone. Staff may only release shackle codes for Lockboxes owned by the caller or the Designated REALTOR® CVR MLS assumes no responsibility for lost or stolen Lockboxes or their contents.
Any action for enforcement will be made by CVR MLS in any court of competent jurisdiction. Holder shall be liable for the payment of all costs incurred by CVR MLS, including reasonable attorney’s fees, related to enforcement the provisions of these Rules and Regulations and Lockbox and Key provisions.
Prior to installing or using the Lockbox on any property, the holder shall secure written authorization from the owner of such property. Upon request, Holder shall provide CVR MLS with a copy of the written authorization from the owner.
Holder shall include in a Listing agreement or other agreement signed by the owners of such property prior to installation and use of this system a provision whereby the owner(s) acknowledges the risk of using the system and releases CVR MLS and the Richmond Association of REALTORS® (RAR), the Southside Virginia Association of REALTORS® (SVAR) and the South Central Association of REALTORS® (SCAR) and the officers, directors, members, employees, independent contractors and agents of CVR MLS and of RAR, SVAR, and SCAR from any and all liability in connection with the use of the Lockbox System.
Seller Authorization Language
Lockbox: The Owner requests does not request (CHECK ONE) the installation and use of a CVR MLS SUPRA lockbox on said Property. The Owner is aware and understands that a lockbox is a means by which persons who have authorized access to said lockbox keys may gain entrance. The Owner hereby jointly and severally releases and forever discharges the Broker and all other persons who have authorized access to said lockbox keys from all liability, obligations, causes of action, claims and demands whatsoever which the Owner may have by virtue of the installation and use of such lockbox. Owner agrees to notify tenant in writing, if any, of intended use of lockbox.
SUPRA shall assess and the Holder agrees to pay an annual fee (“User Fee”) for use of the SUPRA Lockbox System. If Holder fails to pay the User Fee by the due date, SUPRA may assess a late penalty and/or reactivation fee, and de-activate Holder’s Key until the fees and late penalty are paid in full.
Lockboxes may be sold or transferred between CVR MLS Participants and Subscribers, subject to Section 12.2.10 (f) above.
a. Keys and lockboxes may be used on properties listed with CVR MLS Participant firms and must be used on the property when so indicated on the published Listing.
b. Lockboxes are normally programmed to exclude entry between 9:00 pm and 7:00 am EST and 10:00 pm to 8:00 am DST. Properties listed in MLS that are programmed for 24 hours entry or timed access should have “24 HR” or appropriate notation of timed access as the leading entry in line one of the remarks in the MLS Listing.
c. Lockboxes that have been programmed for CBS (Call Before Showing) should be so indicated in the MLS Listing and on the box itself. In no case shall CBS codes be published or distributed. CBS codes are confidential and should only be provided on a case-by-case basis according to the needs of the specific transaction.
d. When leaving a property, it is the responsibility of the Agent to ensure that the property key is replaced in the lockbox and that the lockbox is properly closed. If a lockbox is found not properly closed, the agent should contact the Listing Broker immediately. The Listing Broker/Agent should read the lockbox. The last person found to have entered the property (provided this was not the agent to report the violation) will be held responsible.
e. Care should be taken when entering a property by use of a Key. The property should be left in the same condition in which it was found. It is common courtesy for an agent (even when previewing) to leave a business card in the property. Should an agent find a property left in an unsatisfactory condition it should be immediately reported to the Listing Participant.
f. Lockboxes shall be removed within 48 hours of listing expiration, termination or settlement. Lockboxes not removed within 48 hours of listing expiration, termination or settlement may be deemed abandoned, at the sole discretion of CVR MLS.
Only one Lockbox Key access device or software may be issued to a CVR MLS Participant or Subscriber who subscribes to the SUPRA Lockbox Service.