Legal
10/1/2014
Notes from the MAR Legal Hotline
Michael McDonagh, MAR General
Counsel
Ashley Stolba, MAR Associate
Counsel
Justin Davidson, MAR Staff
Attorney
October 2014
In
light of the tragic death of Arkansas REALTOR® Beverly Carter, the
Massachusetts Association of REALTORS® urges its members to take a moment to
review some basic safety precautions. As a real estate practitioner, you’re
faced with potentially risky situations every day. Meeting new clients, showing
homes, and even walking to your car at night can be dangerous. Remember: when
it comes to your safety in showings and open houses, trust your instincts. If something doesn’t feel right take the steps
necessary to ensure your safety and that of your customer or client. Although not every situation can be avoided,
here are some steps to help you stay safe:
Trust your gut. As a business professional, you are not
required to work with every customer who contacts you. If you do not feel comfortable
representing an individual, or feel that your personal safety is as risk, trust
your instincts. Under federal and state law, you are prohibited from
discriminating against an individual because they are in a protected class. If
you are concerned for your safety, however, speak with your broker for advice.
Make a house safe for the buyers and the
agent. Listing agents should ask the
Seller to identify any physical dangers in a Property and suggest eliminating
those dangers, if possible. During the initial safety check of a listing,
practitioners should ensure all rooms have adequate lighting as well. Prior to
showings, make sure to turn on the lights, whether it’s daytime or evening. Of
course, potential dangerous items in the home, such as guns, should be removed
from the home before showings. Be sure to also remove not-so-obvious weapons,
such as a block of knives on a kitchen countertop.
Keep the house locked and consider extra
monitoring. Doors need to be kept locked at
all times. A home is being presented to the public and it may attract
intruders. In some properties, especially vacant ones, it might be a good idea
to talk to your seller about installing a wireless security system. Some
companies allow you to access the home security system through your smart
phone.
Always show
properties before dark. If you are
going to be working after hours, advise your associate or first-line supervisor
of your schedule. If you must show a property after dark, turn on all lights as
you go through, and don't lower any shades or draw curtains or blinds.
Seller should secure or hide valuables and
prescription drugs. It is
recommended that the Seller and all other occupants of the Property lock up
valuables and prescription drugs in a safe place away from the Property until
sold. Occupants may wish rent a safe
deposit box. Some banks offer safe
deposit boxes free of charge. Agents need to do their part, too. When capturing
virtual tours or photographs of the home for marketing purposes, make sure such
valuables are not photographed.
Take extra precautions in distressed, vacant
homes. When showing a vacant home, first
make sure it is safe to go in. Before entering, you should do a perimeter
search around the property. Be aware of signs of squatters, such as broken
windows or a kicked-in door. If you see signs that a squatter may be present,
do not go inside. Also, homes that have been vacant may have maintenance
issues. To prevent accidental injuries, beware of loose floorboards, rotted
decks, and unsecure railings.
Keep a
record of agents’ whereabouts. Always let
someone know where you are going and when you will be back; leave the name and
phone number of the client you are meeting and schedule a time for your office
to call you to check in.
Be careful at
open houses. If possible, always try to have
at least one other person working with you at the open house. Also be sure to
require all visitors to sign in, and ask for their full name, address, phone number and e-mail.
When the Open House is over, don’t assume that everyone has left the premises
at the end of an open house. Check all of the rooms and the backyard prior to
locking the doors.
Lead from behind.
When showing a home, always have
your prospect walk in front of you. Don’t lead them, but rather, direct them
from a position slightly behind them. You can gesture for them to go ahead of
you and say, for example, “The master suite is in the back of the house.”
You take the
wheel. Whenever possible, take your own
car to a showing. When you leave your car, lock it. When you
arrive at your destination, park your car in front of the property rather than
in the driveway. You will avoid having your car blocked in, you’ll have an
easier time escaping in your vehicle, and attract attention, if necessary.
Be sure to
have cell service. Have
emergency numbers programmed on speed dial, and keep your phone with you at all
times. When you’re showing commercial property, thick walls and/or remote
locations may interfere with mobile phone reception. Check in advance to be
sure your phone is serviceable in the area in which you are showing the
property.
Agree on an
office distress code. Create a
voice distress code, a secret word or phrase that is not commonly used but can
be worked into any conversation for cases where you feel that you are in
danger. Use this if the person you are with can overhear the conversation, but
you don’t want to alarm them. Example: “Hi, this is Jennifer. I’m with Mr.
Henderson at the Elm Street listing. Could you e-mail me the RED FILE?”
You
are not alone. If you encounter an individual while working
late or alone in your office, indicate to that person that you are not alone.
Say something like, “Let me check with my supervisor to see whether she’s able
to see you now.”
Of course, there is always a risk of danger,
but the above list is just a few of many precautions REALTORS® can take to help
protect themselves. There are many other very important safety ideas available
from the National Association of REALTORS® Safety Program available free online
at www.realtor.org/about_nar/safety. MAR urges every broker to review this
important material and share it with their agents at their next office meeting.
The Arkansas REALTORS® Association is
collecting donations in Beverly Carter’s name through their Hearts & Homes
program. For more information, visit arkansasrealtors.com.