Unauthorized Property Entry Results in RECO Discipline Order

RECO Discipline Decision Summary: (Decision June 10, 2026 )

Real estate professionals are entrusted with access to people’s homes, often when the owners are not present. As a result, strict rules govern when and how a registrant may enter a property. A recent RECO discipline decision serves as a reminder that even an inadvertent entry into a property without proper authorization can lead to significant disciplinary consequences.

The Facts

A salesperson acting on behalf of prospective buyers arranged a showing through an electronic appointment booking system operated by Broker Bay. The showing was initially confirmed, and the salesperson received the lockbox access information required to enter the property.

However, before the scheduled appointment took place, the listing representative cancelled the showing. The cancellation notice was sent electronically, but it was not seen by the salesperson because it was directed to a spam folder.

Unaware that the appointment had been cancelled, the salesperson attended at the property with the buyers and another registrant. Using the lockbox information that had been previously provided, they entered the home.

Unfortunately, the showing was no longer authorized. During the visit, the property’s alarm system was triggered, and the homeowners subsequently learned that individuals had entered the property without their permission. A complaint was filed with RECO.

RECO’s Findings

The Discipline Committee concluded that the salesperson had entered and viewed the property without a valid appointment and without the consent of either the owners or their representative.

Although the conduct was not intentional, RECO determined that the registrant failed to exercise the level of care, skill, and judgment required under the Code of Ethics. The Committee found that the registrant had breached the obligation to provide conscientious and competent service.

The Penalty

The Discipline Committee approved a joint penalty consisting of:

• A fine of $5,000; and
• Completion of a mandatory RECO educational course concerning professional practice.

The Committee noted that the salesperson did not deliberately disregard the rules and that procedural changes were implemented afterward to help prevent similar incidents from occurring in the future.

Lessons for Registrants

This decision highlights an important practical reality of modern real estate practice: receiving a confirmation at one point in time does not guarantee that the appointment remains valid.

Before entering a property, registrants should ensure that:

• The appointment has not been cancelled or modified;
• All communications from the showing service have been reviewed;
• Access authorization remains current; and
• Any uncertainty is resolved with the listing representative before entry.

The consequences of unauthorized access can be significant, even where there is no dishonest intent. Property owners place considerable trust in registrants, and maintaining that trust requires careful verification that permission to enter remains in place at the time of the showing.

Conclusion

The decision serves as a cautionary reminder that access to a property is always conditional upon current authorization. A lockbox code, prior confirmation, or good intentions will not excuse an entry that ultimately occurs without consent. In an era of automated booking systems and electronic notifications, registrants must take reasonable steps to verify that a showing remains authorized before unlocking the door.

COMMENT

In my opinion, this fine is excessive. There was no “intention” here whatsoever. Rather than simply agree to the RECO decision, this agent should have elected to attend an actual hearing.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com