Chapter 12 - Licensee Safety

I. Safety at the Office and on the Road

A real estate office may seem like a safe environment, but it is often a place where you meet strangers. Establishing a "Safety First" culture is essential for both the broker and the agent.

Office Safety Protocols:

• Identify Exit Routes: Always know at least two ways out of any room or building.

• The "Buddy System": Avoid working alone in the office after hours. If you must, ensure the doors are locked and someone knows your location.

• Vetting New Clients: Never meet a stranger at a property for the first time. Require all new prospects to meet you at the office or a public place first. Photocopy their ID and leave it with the office staff.

Safety on the Road:

• Vehicle Maintenance: Keep your car in good working order and your gas tank at least half full.

• Park for a Quick Exit: Avoid pulling into driveways where you can be blocked in. Park on the street to ensure you can leave immediately if necessary.

II. High-Risk Scenarios: Open Houses & Vacant Homes

Open houses and showings of vacant properties are the highest-risk activities for a licensee.

• The "Walk Behind" Rule: Always let the prospect walk in front of you. Never turn your back on a client or let them get between you and the exit.

• Open House Prep: Upon arrival, check all rooms and identify escape routes. Unlock deadbolts so you can exit quickly, but keep the front door locked until the start time.

• Social Media Privacy: Do not post your real-time location on social media. Avoid "Live" videos that show you are alone at a property.

• Vacant Properties: These can attract squatters or vandals. Arrive early to inspect the property and ensure it is truly empty before the client arrives.

III. Cyber Security and Data Protection

Protecting information is a legal and professional obligation.

• Identity Theft: Shred all documents containing client Social Security numbers or financial data.

• Wire Fraud: Exam Alert: Real estate transactions are high targets for wire fraud. Always advise clients to verbally verify wire instructions with the title company or attorney—never trust an email alone.

• Password Hygiene: Use two-factor authentication for your MLS and email accounts.

IV. Liability and the Use of Force

Understanding your legal rights and limitations is vital if an incident occurs.

• NYS Penal Law Article 35 (Justification): This law governs the use of physical force. In New York, you generally have a "Duty to Retreat" if you can do so safely. Physical force is only "justified" when you reasonably believe it is necessary to defend yourself or a third party from imminent unlawful force.

• Liability: Brokers can be held liable for accidents or injuries occurring during a showing if they failed to supervise or provide safety guidelines.

• Risk Reduction: Every brokerage should have a written Office Safety Policy. This is a "Risk Management" tool that protects the firm from claims of negligence.

⚠️ EXAM ALERT: QUICK FACTS

• The First Meeting: The safest place to meet a new, unvetted lead is at the Brokerage Office, not the property.

• Deadly Force: Under NYS Penal Law Article 35, you cannot use deadly force to protect property (like a house or money). It can only be used if you reasonably believe you are in danger of deadly physical force or certain serious crimes (kidnapping, robbery, etc.).

• The "Fire" Tip: In an emergency, yelling "FIRE!" often gets a faster response from neighbors than yelling "HELP!"

• Broker Records: Per Regulation 175.23, brokers must keep all records of a transaction for 3 years, which includes sign-in sheets—a vital safety and liability tool.