Showings are an important part of a REALTOR®’s role. It is essential to understand best practices, including what is and is not acceptable during showings, as well as the types of situations that can lead to disciplinary consequences.
Hosting Open Houses
The best practice is for the seller’s agent (the listing agent) to host the open house themselves.1 Section 30(a) of the Real Estate Services Rules (the Rules) requires the listing agent to act in the seller’s best interests.2 The listing agent is generally best positioned to answer questions factually and to protect the seller’s interests throughout the open house.
If the listing agent is unable to host the open house, they should first obtain instructions from the seller confirming whether the seller wishes to proceed without them and, if so, whether the seller consents to another REALTOR® from the same brokerage hosting the open house. When the listing agent cannot host, the best practice is generally to have another REALTOR® from the same brokerage host the open house. If you work as part of a team, the team members may already be acting collectively as designated agents for the seller, which can make it easier for another team member to step in.
If you do not work as part of a team, your brokerage may appoint another designated agent for the seller to conduct the open house, provided the listing agreement or services agreement allows for it. The new designated agent should provide the appropriate disclosure to the seller, and the service agreement should clearly state when that designated agent’s duties begin and end. This helps ensure that the REALTOR® from your brokerage who is hosting the open house is clearly responsible for protecting the seller’s interests.
Another option is to have a REALTOR® from your brokerage host the open house, but not as a designated agent. This is sometimes done so that the hosting REALTOR® can pursue leads for prospective buyer clients. However, this approach does not protect the seller’s interest. If you nevertheless proceed with this approach, you should do the following:
- inform the seller that the hosting REALTOR® will not be acting in their best interest;
- tell the seller not to share confidential information with the hosting REALTOR®;
- tell the seller not to seek advice from the hosting REALTOR®;
- ensure your listing agreement or services agreement allows for another REALTOR® to host the open house; and
- have the hosting REALTOR® present the seller with a disclosure confirming they do not represent the seller.
Should the Listing Agent Be Present for Showings?
In British Columbia, the listing agent may either attend showings or use a lockbox to provide the buyer’s REALTOR® with access to the property. The listing agent should discuss both options with the seller and obtain instructions on whether the seller wants the listing agent present for showings. Some sellers may prefer the listing agent to attend in order to help safeguard the property and belongings, answer questions, and highlight features of the home.
If the property is tenanted, the landlord or the landlord’s agent must safeguard the tenant’s possessions. For that reason, it is prudent for the listing agent – or another licensed REALTOR® acting on behalf of the seller – to be present when a tenanted property is being shown.3
As a general practice, there should always be one REALTOR® present at any showing, whether it’s the buyer’s or the seller’s REALTOR®. Before proceeding with any showings, the seller’s REALTOR® should discuss and seek instructions from the seller regarding who they want present. If the arrangement for any particular showing differs from what is set out in your listing agreement or services agreement, the seller’s informed consent should be obtained in writing and retained on file.
What Is Acceptable During a Showing?
Before any showings take place, the listing agent should speak with the seller to determine the rules and expectations for access to the property. Sample rules could include:
- please take shoes off prior to entering;
- respect the property as if the owners are present;
- stay with your agent;
- do not take photos;
- do not open drawers, desks, medicine cabinets, or personal storage;
- do not use washrooms unless permission has been given;
- do not consume food or drinks while on the property; and
- do not bring extra attendees without approval.
These rules and expectations aren’t just about etiquette. They are also important aspects of risk management and professionalism.
While some of these expectations may seem like common sense, regulatory disciplinary decisions show why it is still important to state ground rules clearly before a showing. In one recent case, a REALTOR® was fined $20,000 after being caught on camera drinking milk directly from the seller’s milk container while showing the property to buyer clients. The fact that this occurred during the COVID-19 period made the conduct even more troubling. The BC Financial Services Authority (BCFSA) concluded that the REALTOR®’s actions undermined public confidence and amounted to conduct unbecoming of a licensee.4
Any rules and expectations for showings should be clearly communicated to buyers’ REALTORS® and, through them, to all attendees.
When attending a property, the REALTOR® should confirm the number of attendees. Access during a showing is for a specific purpose, and not a blanket invitation. The buyer’s REALTOR® should not assume they can bring extra family members, friends, contractors, or other attendees unless they have been cleared in advance with the seller or listing agent.
If something is broken, damaged, or stolen during a showing, it should be reported immediately to the appropriate REALTOR®, the seller, the brokerage, and the managing broker. The facts, including what happened, when it happened, and who was present, should be documented right away. Whether any resulting loss is covered by insurance, or recoverable from another party, will depend on the facts and the available coverage. Close supervision of showings can help reduce this risk.
Security and Surveillance Cameras
In BC, the private-sector privacy statute is the Personal Information Protection Act (PIPA). PIPA governs the collection, use, and disclosure of personal information by organizations in a manner that recognizes both privacy rights and the organizations’ legitimate need to collect and use information for purposes that a reasonable person would consider appropriate.
PIPA generally applies to organizations, including businesses and brokerages, rather than to purely personal or domestic conduct. It also contains an exception where personal information is collected, used, or disclosed by an individual for personal or domestic purposes only. As a result, a seller’s personal home security camera may fall outside PIPA if it is being used strictly for personal or domestic purposes. By contrast, if a brokerage or another organization is itself collecting or using surveillance footage in the course of business, PIPA is much more likely to apply. Even where PIPA does not apply, surveillance and recording practices may still raise civil privacy issues under BC’s Privacy Act.
Sellers can use security cameras, such as Ring doorbells, to protect their property. However, it’s a best practice for the listing agent to communicate that such cameras are present at the property if the listing agent is aware of the cameras and the seller has consented to such disclosure. Regardless of whether disclosure of such security cameras is legally required in every situation, prudent REALTORS® should assume there may be surveillance devices in the home and conduct themselves accordingly.
Video surveillance and audio recording are not always treated the same under the law. REALTORS® should be especially cautious about on-site conversations near devices capable of capturing audio. Under the Criminal Code, intercepting a private communication can raise separate legal issues unless an exception applies, including consent from a party to the communication. Buyers and their REALTORS® should be careful not to discuss confidential matters in front of recording devices, as the seller may listen to these recordings. REALTORS® should also be mindful that less visible devices, such as crib cameras or nanny cams, may be present in the home. As a best practice, avoid having substantive or confidential conversations while inside the property, and instead wait until you have exited the home.
It is also important to note that camera footage may be used in investigations involving REALTORS®. In 2024, a REALTOR® was ordered to pay a $10,000 discipline penalty and $4,000 in enforcement expenses after allowing clients to access a property without a licensed agent present, using an unlicensed person to show the property, and then providing false or misleading information to BCFSA. The seller, who was monitoring the property by surveillance camera, noticed that the buyer’s REALTOR® was not present during the showing. The REALTOR®’s misleading account was disproved by the surveillance footage.5
Conclusion
While showings and open houses are routine parts of a REALTOR®’s practice, careful thought must still be given to how they are conducted and what occurs during them. Clear expectations, proper supervision, and a high level of professionalism help protect clients and maintain public confidence in the profession.
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