Today, local Associations provide lockbox access only to their local members. Some provide 1-day access codes with an additional cost to those outside of their territory. Others flatly refuse to provide access to members of other associations or MLSs they deem competitive. In Louisiana, for example, there are three markets equidistant from one another. Two of the three have agreed to provide reciprocal access, yet refuse reciprocal access to the third. This type of anti-competitive behavior is completely counter to earlier proposed agreements with the DOJ that required statewide lockbox access to all licensees.
WAV Group’s Post Settlement Sentiment Survey revealed strong interest in statewide lockbox access. More than ⅔ of respondents are interested in statewide lockbox access without having to join multiple associations/MLS or pay for one day codes. The results highlight a significant tension between maintaining local control and embracing broader access. Many of the remaining ⅓ that were not interested in statewide lockbox access felt no need because they operate only in one local market.
“How interested are you in gaining access to lockboxes for listings throughout the state without having to join every Association/MLS or pay for one-day codes?” 
- 31% – Extremely interested
- 12% – Very interested
- 22% – Somewhat interested
- 35% – Not interested
Mixed Interest in Licensee Access to Lockboxes
DOJ’s last proposed settlement required lockbox access to all licensees, yet Nearly ½ of respondents do not believe non-REALTOR® licensees should have access to lockboxes. Some believe that agents will operate in markets they are not qualified/knowledgeable enough to operate in. Other believe that non-REALTORS® will not be as ethical or would not be held accountable for their behaviors, even though Licensee-Brokers are just as responsible for their agent’s behaviors and practices under State Law as REALTOR®-Brokers.
“How much do you agree with the following statement: ‘All real estate licensees in my state should have access to lockboxes even if they are not members of the local REALTOR® Association?'”
- 29% – Completely agree
- 20% – Somewhat agree
- 45% – Do not agree
- 6% – Not sure
While a majority of REALTORS® expressed interest in reciprocal lockbox access, many were still protective of their local market, hesitant to grant access to so-called “outsiders.” These findings align with data from the WAV Group Customer Experience Index, where approximately 250,000 agents and brokers were surveyed. That compilation showed that 72% of respondents showed interest in reciprocal lockbox access within their state.
Re-evaluating Restrictions in Light of Antitrust Scrutiny
Given the recent antitrust lawsuits and the increased scrutiny from the Department of Justice, now is a crucial time to re-examine any rules or practices that could be viewed as restrictive to free trade. Real estate decisions will always be deeply local and personal, yet the industry as a whole is influenced by broader, even global market dynamics. State law dictates the ability to sell real estate, not real estate associations. Policies need to recognize this reality and be adjusted accordingly.
