Effective January 1, 2003
Duties to Clients and Customers
Duties to the Public
Duties to REALTORS®
Where the word REALTORS® is used in this Code and Preamble,
it shall be deemed to include REALTOR-ASSOCIATE®s.
While the Code of Ethics establishes obligations that may be higher
than those mandated by law, in any instance where the Code of Ethics
and the law conflict, the obligations of the law must take precedence.
Preamble
Under all is the land. Upon its wise utilization and widely allocated
ownership depend the survival and growth of free institutions and
of our civilization. REALTORS® should recognize that the interests
of the nation and its citizens require the highest and best use
of the land and the widest distribution of land ownership. They
require the creation of adequate housing, the building of functioning
cities, the development of productive industries and farms, and
the preservation of a healthful environment.
Such interests impose obligations beyond those of
ordinary commerce. They impose grave social responsibility and
a patriotic duty to which
REALTORS® should dedicate themselves, and for which they should
be diligent in preparing themselves. REALTORS®, therefore, are
zealous to maintain and improve the standards of their calling and
share with their fellow REALTORS® a common responsibility for
its integrity and honor.
In recognition and appreciation of their obligations
to clients, customers, the public, and each other, REALTORS® continuously
strive to become and remain informed on issues affecting real estate
and, as knowledgeable professionals, they willingly share the fruit
of their experience and study with others. They identify and take
steps, through enforcement of this Code of Ethics and by assisting
appropriate regulatory bodies, to eliminate practices which may damage
the public or which might discredit or bring dishonor to the real
estate profession. REALTORS® having direct personal knowledge
of conduct that may violate the Code of Ethics involving misappropriation
of client or customer funds or property, willful discrimination,
or fraud resulting in substantial economic harm, bring such matters
to the attention of the appropriate Board or Association of REALTORS®.
(Amended 1/00)
Realizing that cooperation with other real estate
professionals promotes the best interests of those who utilize
their services,
REALTORS® urge exclusive representation of clients; do not attempt
to gain any unfair advantage over their competitors; and they refrain
from making unsolicited comments about other practitioners. In instances
where their opinion is sought, or where REALTORS® believe that
comment is necessary, their opinion is offered in an objective, professional
manner, uninfluenced by any personal motivation or potential advantage
or gain.
The term REALTOR® has come to connote competency,
fairness, and high integrity resulting from adherence to a lofty
ideal of moral
conduct in business relations. No inducement of profit and no instruction
from clients ever can justify departure from this ideal.
In the interpretation of this obligation, REALTORS® can take
no safer guide than that which has been handed down through the centuries,
embodied in the Golden Rule, "Whatsoever ye would that others
should do to you, do ye even so to them."
Accepting this standard as their own, REALTORS® pledge
to observe its spirit in all of their activities and to conduct
their business
in accordance with the tenets set forth below.
Duties to Clients and Customers
Article 1
When representing a buyer, seller, landlord, tenant, or other client
as an agent, REALTORS® pledge themselves to protect and promote
the interests of their client. This obligation to the client is primary,
but it does not relieve REALTORS® of their obligation to treat
all parties honestly. When serving a buyer, seller, landlord, tenant
or other party in a non-agency capacity, REALTORS® remain obligated
to treat all parties honestly. (Amended 1/01)
Standard of Practice 1-1
REALTORS®, when acting as principals in a real
estate transaction, remain obligated by the duties imposed by the
Code of Ethics. (Amended
1/93)
Standard of Practice 1-2
The duties the Code of Ethics imposes are applicable
whether REALTORS® are
acting as agents or in legally recognized non-agency capacities except
that any duty imposed exclusively on agents by law or regulation
shall not be imposed by this Code of Ethics on REALTORS® acting
in non-agency capacities.
As used in this Code of Ethics, "client" means the person(s)
or entity(ies) with whom a REALTOR® or a REALTOR®'s firm
has an agency or legally recognized non-agency relationship; "customer" means
a party to a real estate transaction who receives information, services,
or benefits but has no contractual relationship with the REALTOR® or
the REALTOR®'s firm; "agent" means a real estate licensee
(including brokers and sales ASSOCIATEs) acting in an agency relationship
as defined by state law or regulation; and "broker" means
a real estate licensee (including brokers and sales ASSOCIATEs) acting
as an agent or in a legally recognized non-agency capacity. (Adopted
1/95, Amended 1/99)
Standard of Practice 1-3
REALTORS®, in attempting to secure a listing,
shall not deliberately mislead the owner as to market value.
Standard of Practice 1-4
REALTORS®, when seeking to become a buyer/tenant representative,
shall not mislead buyers or tenants as to savings or other benefits
that might be realized through use of the REALTOR®'s services.
(Amended 1/93)
Standard of Practice 1-5
REALTORS® may represent the seller/landlord and
buyer/tenant in the same transaction only after full disclosure
to and with informed
consent of both parties. (Adopted 1/93)
Standard of Practice 1-6
REALTORS® shall submit offers and counter-offers
objectively and as quickly as possible. (Adopted 1/93, Amended
1/95)
Standard of Practice 1-7
When acting as listing brokers, REALTORS® shall continue to
submit to the seller/landlord all offers and counter-offers until
closing or execution of a lease unless the seller/landlord has waived
this obligation in writing. REALTORS® shall not be obligated
to continue to market the property after an offer has been accepted
by the seller/landlord. REALTORS® shall recommend that sellers/landlords
obtain the advice of legal counsel prior to acceptance of a subsequent
offer except where the acceptance is contingent on the termination
of the pre-existing purchase contract or lease. (Amended 1/93)
Standard of Practice 1-8
REALTORS® acting as agents or brokers of buyers/tenants shall
submit to buyers/tenants all offers and counter-offers until acceptance
but have no obligation to continue to show properties to their clients
after an offer has been accepted unless otherwise agreed in writing.
REALTORS® acting as agents or brokers of buyers/ tenants shall
recommend that buyers/tenants obtain the advice of legal counsel
if there is a question as to whether a pre-existing contract has
been terminated. (Adopted 1/93, Amended 1/99)
Standard of Practice 1-9
The obligation of REALTORS® to preserve confidential information
(as defined by state law) provided by their clients in the course
of any agency relationship or non-agency relationship recognized
by law continues after termination of agency relationships or any
non-agency relationships recognized by law. REALTORS® shall not
knowingly, during or following the termination of professional relationships
with their clients:
reveal confidential information of clients; or
use confidential information of clients to the disadvantage of clients;
or
use confidential information of clients for the REALTOR®'s
advantage or the advantage of third parties unless:
clients consent after full disclosure; or
REALTORS® are required by court order; or
it is the intention of a client to commit a crime and the information
is necessary to prevent the crime; or
it is necessary to defend a REALTOR® or the REALTOR®'s
employees or ASSOCIATEs against an accusation of wrongful conduct.
Information concerning latent material defects is not considered
confidential information under this Code of Ethics. (Adopted 1/93,
Amended 1/01)
Standard of Practice 1-10
REALTORS® shall, consistent with the terms and
conditions of their real estate licensure and their property management
agreement,
competently manage the property of clients with due regard for the
rights, safety and health of tenants and others lawfully on the premises.
(Adopted 1/95, Amended 1/00)
Standard of Practice 1-11
REALTORS® who are employed to maintain or manage
a client's property shall exercise due diligence and make reasonable
efforts
to protect it against reasonably foreseeable contingencies and losses.
(Adopted 1/95)
Standard of Practice 1-12
When entering into listing contracts, REALTORS® must
advise sellers/landlords of:
the REALTOR®'s company policies regarding cooperation
and the amount(s) of any compensation that will be offered to subagents,
buyer/tenant agents, and/or brokers acting in legally recognized
non-agency capacities;
the fact that buyer/tenant agents or brokers, even if compensated
by listing brokers, or by sellers/landlords may represent the interests
of buyers/tenants; and
any potential for listing brokers to act as disclosed dual agents,
e.g. buyer/tenant agents. (Adopted 1/93, Renumbered 1/98, Amended
1/03)
Standard of Practice 1-13
When entering into buyer/tenant agreements, REALTORS® must
advise potential clients of:
the REALTOR®'s general company policies regarding
cooperation and compensation; and
any potential for the buyer/tenant representative to act as a disclosed
dual agent, e.g. listing broker, subagent, landlord's agent, etc.
(Adopted 1/93, Renumbered 1/98, Amended 1/99)
Standard of Practice 1-14
Fees for preparing appraisals or other valuations shall not be contingent
upon the amount of the appraisal or valuation. (Adopted 1/02)
Standard of Practice 1-15
REALTORS®, in response to inquiries from buyers
or cooperating brokers shall, with the sellers' approval, divulge
the existence
of offers on the property. (Adopted 1/03)
Article 2
REALTORS® shall avoid exaggeration, misrepresentation, or concealment
of pertinent facts relating to the property or the transaction. REALTORS® shall
not, however, be obligated to discover latent defects in the property,
to advise on matters outside the scope of their real estate license,
or to disclose facts which are confidential under the scope of agency
or non-agency relationships as defined by state law. (Amended 1/00)
Standard of Practice 2-1
REALTORS® shall only be obligated to discover and disclose adverse
factors reasonably apparent to someone with expertise in those areas
required by their real estate licensing authority. Article 2 does
not impose upon the REALTOR® the obligation of expertise in other
professional or technical disciplines. (Amended 1/96)
Standard of Practice 2-2
(Renumbered as Standard of Practice 1-12 1/98)
Standard of Practice 2-3
(Renumbered as Standard of Practice 1-13 1/98)
Standard of Practice 2-4
REALTORS® shall not be parties to the naming
of a false consideration in any document, unless it be the naming
of an obviously nominal
consideration.
Standard of Practice 2-5
Factors defined as "non-material" by law or regulation
or which are expressly referenced in law or regulation as not being
subject to disclosure are considered not "pertinent" for
purposes of Article 2. (Adopted 1/93)
Article 3
REALTORS® shall cooperate with other brokers except when cooperation
is not in the client's best interest. The obligation to cooperate
does not include the obligation to share commissions, fees, or to
otherwise compensate another broker. (Amended 1/95)
Standard of Practice 3-1
REALTORS®, acting as exclusive agents or brokers
of sellers/ landlords, establish the terms and conditions of offers
to cooperate.
Unless expressly indicated in offers to cooperate, cooperating brokers
may not assume that the offer of cooperation includes an offer of
compensation. Terms of compensation, if any, shall be ascertained
by cooperating brokers before beginning efforts to accept the offer
of cooperation. (Amended 1/99)
Standard of Practice 3-2
REALTORS® shall, with respect to offers of compensation to another
REALTOR®, timely communicate any change of compensation for cooperative
services to the other REALTOR® prior to the time such REALTOR® produces
an offer to purchase/lease the property.
(Amended 1/94)
Standard of Practice 3-3
Standard of Practice 3-2 does not preclude the listing broker and
cooperating broker from entering into an agreement to change cooperative
compensation. (Adopted 1/94)
Standard of Practice 3-4
REALTORS®, acting as listing brokers, have an
affirmative obligation to disclose the existence of dual or variable
rate commission arrangements
(i.e., listings where one amount of commission is payable if the
listing broker's firm is the procuring cause of sale/lease and a
different amount of commission is payable if the sale/lease results
through the efforts of the seller/landlord or a cooperating broker).
The listing broker shall, as soon as practical, disclose the existence
of such arrangements to potential cooperating brokers and shall,
in response to inquiries from cooperating brokers, disclose the differential
that would result in a cooperative transaction or in a sale/lease
that results through the efforts of the seller/landlord. If the cooperating
broker is a buyer/tenant representative, the buyer/tenant representative
must disclose such information to their client before the client
makes an offer to purchase or lease. (Amended 1/02)
Standard of Practice 3-5
It is the obligation of subagents to promptly disclose all pertinent
facts to the principal's agent prior to as well as after a purchase
or lease agreement is executed. (Amended 1/93)
Standard of Practice 3-6
REALTORS® shall disclose the existence of an
accepted offer to any broker seeking cooperation. (Adopted 5/86)
Standard of Practice 3-7
When seeking information from another REALTOR® concerning property
under a management or listing agreement, REALTORS® shall disclose
their REALTOR® status and whether their interest is personal
or on behalf of a client and, if on behalf of a client, their representational
status. (Amended 1/95)
Standard of Practice 3-8
REALTORS® shall not misrepresent the availability
of access to show or inspect a listed property. (Amended 11/87)
Article 4
REALTORS® shall not acquire an interest in or buy or present
offers from themselves, any member of their immediate families, their
firms or any member thereof, or any entities in which they have any
ownership interest, any real property without making their true position
known to the owner or the owner's agent or broker. In selling property
they own, or in which they have any interest, REALTORS® shall
reveal their ownership or interest in writing to the purchaser or
the purchaser's representative. (Amended 1/00)
Standard of Practice 4-1
For the protection of all parties, the disclosures
required by Article 4 shall be in writing and provided by REALTORS® prior
to the signing of any contract. (Adopted 2/86)
Article 5
REALTORS® shall not undertake to provide professional services
concerning a property or its value where they have a present or contemplated
interest unless such interest is specifically disclosed to all affected
parties.
Article 6
REALTORS® shall not accept any commission, rebate, or profit
on expenditures made for their client, without the client's knowledge
and consent.
When recommending real estate products or services
(e.g., homeowner's insurance, warranty programs, mortgage financing,
title insurance,
etc.), REALTORS® shall disclose to the client or customer to
whom the recommendation is made any financial benefits or fees, other
than real estate referral fees, the REALTOR® or REALTOR®'s
firm may receive as a direct result of such recommendation. (Amended
1/99)
Standard of Practice 6-1
REALTORS® shall not recommend or suggest to a
client or a customer the use of services of another organization
or business entity in
which they have a direct interest without disclosing such interest
at the time of the recommendation or suggestion. (Amended 5/88)
Article 7
In a transaction, REALTORS® shall not accept compensation from
more than one party, even if permitted by law, without disclosure
to all parties and the informed consent of the REALTOR®'s client
or clients. (Amended 1/93)
Article 8
REALTORS® shall keep in a special account in an appropriate financial
institution, separated from their own funds, monies coming into their
possession in trust for other persons, such as escrows, trust funds,
clients' monies, and other like items.
Article 9
REALTORS®, for the protection of all parties, shall assure whenever
possible that agreements shall be in writing, and shall be in clear
and understandable language expressing the specific terms, conditions,
obligations and commitments of the parties. A copy of each agreement
shall be furnished to each party upon their signing or initialing.
(Amended 1/95)
Standard of Practice 9-1
For the protection of all parties, REALTORS® shall
use reasonable care to ensure that documents pertaining to the
purchase, sale, or
lease of real estate are kept current through the use of written
extensions or amendments. (Amended 1/93)
Duties to the Public
Article 10
REALTORS® shall not deny equal professional services to any person
for reasons of race, color, religion, sex, handicap, familial status,
or national origin. REALTORS® shall not be parties to any plan
or agreement to discriminate against a person or persons on the basis
of race, color, religion, sex, handicap, familial status, or national
origin. (Amended 1/90)
REALTORS®, in their real estate employment practices,
shall not discriminate against any person or persons on the basis
of race,
color, religion, sex, handicap, familial status, or national origin.
(Amended 1/00)
Standard of Practice 10-1
REALTORS® shall not volunteer information regarding the racial,
religious or ethnic composition of any neighborhood and shall not
engage in any activity which may result in panic selling. REALTORS® shall
not print, display or circulate any statement or advertisement with
respect to the selling or renting of a property that indicates any
preference, limitations or discrimination based on race, color, religion,
sex, handicap, familial status, or national origin. (Adopted 1/94)
Standard of Practice 10-2
As used in Article 10 "real estate employment practices" relates
to employees and independent contractors providing real-estate related
services and the administrative and clerical staff directly supporting
those individuals. (Adopted 1/00)
Article 11
The services which REALTORS® provide to their clients and customers
shall conform to the standards of practice and competence which are
reasonably expected in the specific real estate disciplines in which
they engage; specifically, residential real estate brokerage, real
property management, commercial and industrial real estate brokerage,
real estate appraisal, real estate counseling, real estate syndication,
real estate auction, and international real estate.
REALTORS® shall not undertake to provide specialized
professional services concerning a type of property or service
that is outside
their field of competence unless they engage the assistance of one
who is competent on such types of property or service, or unless
the facts are fully disclosed to the client. Any persons engaged
to provide such assistance shall be so identified to the client and
their contribution to the assignment should be set forth. (Amended
1/95)
Standard of Practice 11-1
When REALTORS® prepare opinions of real property
value or price, other than in pursuit of a listing or to assist
a potential purchaser
in formulating a purchase offer, such opinions shall include the
following:
identification of the subject property
date prepared
defined value or price
limiting conditions, including statements of purpose(s) and intended
user(s)
any present or contemplated interest, including the possibility
of representing the seller/landlord or buyers/tenants
basis for the opinion, including applicable market data
if the opinion is not an appraisal, a statement to that effect (Amended
1/01)
Standard of Practice 11-2
The obligations of the Code of Ethics in respect
of real estate disciplines other than appraisal shall be interpreted
and applied
in accordance with the standards of competence and practice which
clients and the public reasonably require to protect their rights
and interests considering the complexity of the transaction, the
availability of expert assistance, and, where the REALTOR® is
an agent or subagent, the obligations of a fiduciary. (Adopted 1/95)
Standard of Practice 11-3
When REALTORS® provide consultive services to clients which
involve advice or counsel for a fee (not a commission), such advice
shall be rendered in an objective manner and the fee shall not be
contingent on the substance of the advice or counsel given. If brokerage
or transaction services are to be provided in addition to consultive
services, a separate compensation may be paid with prior agreement
between the client and REALTOR®. (Adopted 1/96)
Standard of Practice 11-4
The competency required by Article 11 relates to
services contracted for between REALTORS® and their clients
or customers; the duties expressly imposed by the Code of Ethics;
and the duties imposed by
law or regulation. (Adopted 1/02)
Article 12
REALTORS® shall be careful at all times to present a true picture
in their advertising and representations to the public. REALTORS® shall
also ensure that their professional status (e.g., broker, appraiser,
property manager, etc.) or status as REALTORS® is clearly identifiable
in any such advertising. (Amended 1/93)
Standard of Practice 12-1
REALTORS® may use the term "free" and
similar terms in their advertising and in other representations
provided that all
terms governing availability of the offered product or service are
clearly disclosed at the same time. (Amended 1/97)
Standard of Practice 12-2
REALTORS® may represent their services as "free" or
without cost even if they expect to receive compensation from a source
other than their client provided that the potential for the REALTOR® to
obtain a benefit from a third party is clearly disclosed at the same
time. (Amended 1/97)
Standard of Practice 12-3
The offering of premiums, prizes, merchandise discounts
or other inducements to list, sell, purchase, or lease is not,
in itself,
unethical even if receipt of the benefit is contingent on listing,
selling, purchasing, or leasing through the REALTOR® making the
offer. However, REALTORS® must exercise care and candor in any
such advertising or other public or private representations so that
any party interested in receiving or otherwise benefiting from the
REALTOR®'s offer will have clear, thorough, advance understanding
of all the terms and conditions of the offer. The offering of any
inducements to do business is subject to the limitations and restrictions
of state law and the ethical obligations established by any applicable
Standard of Practice. (Amended 1/95)
Standard of Practice 12-4
REALTORS® shall not offer for sale/lease or advertise property
without authority. When acting as listing brokers or as subagents,
REALTORS® shall not quote a price different from that agreed
upon with the seller/landlord. (Amended 1/93)
Standard of Practice 12-5
REALTORS® shall not advertise nor permit any
person employed by or affiliated with them to advertise listed
property without disclosing
the name of the firm. (Adopted 11/86)
Standard of Practice 12-6
REALTORS®, when advertising unlisted real property for sale/lease
in which they have an ownership interest, shall disclose their status
as both owners/landlords and as REALTORS® or real estate licensees.
(Amended 1/93)
Standard of Practice 12-7
Only REALTORS® who participated in the transaction as the listing
broker or cooperating broker (selling broker) may claim to have "sold" the
property. Prior to closing, a cooperating broker may post a "sold" sign
only with the consent of the listing broker. (Amended 1/96)
Article 13
REALTORS® shall not engage in activities that constitute the
unauthorized practice of law and shall recommend that legal counsel
be obtained when the interest of any party to the transaction requires
it.
Article 14
If charged with unethical practice or asked to present evidence or
to cooperate in any other way, in any professional standards proceeding
or investigation, REALTORS® shall place all pertinent facts
before the proper tribunals of the Member Board or affiliated institute,
society, or council in which membership is held and shall take
no action to disrupt or obstruct such processes. (Amended 1/99)
Standard of Practice 14-1
REALTORS® shall not be subject to disciplinary proceedings in
more than one Board of REALTORS® or affiliated institute, society
or council in which they hold membership with respect to alleged
violations of the Code of Ethics relating to the same transaction
or event. (Amended 1/95)
Standard of Practice 14-2
REALTORS® shall not make any unauthorized disclosure
or dissemination of the allegations, findings, or decision developed
in connection
with an ethics hearing or appeal or in connection with an arbitration
hearing or procedural review. (Amended 1/92)
Standard of Practice 14-3
REALTORS® shall not obstruct the Board's investigative
or professional standards proceedings by instituting or threatening
to institute
actions for libel, slander or defamation against any party to a professional
standards proceeding or their witnesses based on the filing of an
arbitration request, an ethics complaint, or testimony given before
any tribunal. (Adopted 11/87, Amended 1/99)
Standard of Practice 14-4
REALTORS® shall not intentionally impede the
Board's investigative or disciplinary proceedings by filing multiple
ethics complaints
based on the same event or transaction. (Adopted 11/88)
Duties to REALTORS®
Article 15
REALTORS® shall not knowingly or recklessly make false or misleading
statements about competitors, their businesses, or their business
practices. (Amended 1/92)
Standard of Practice 15-1
REALTORS® shall not knowingly or recklessly file
false or unfounded ethics complaints. (Adopted 1/00)
Article 16
REALTORS® shall not engage in any practice or take any action
inconsistent with the agency or other exclusive relationship recognized
by law that other REALTORS® have with clients. (Amended 1/98)
Standard of Practice 16-1
Article 16 is not intended to prohibit aggressive
or innovative business practices which are otherwise ethical and
does not prohibit
disagreements with other REALTORS® involving commission, fees,
compensation or other forms of payment or expenses.
(Adopted 1/93, Amended 1/95)
Standard of Practice 16-2
Article 16 does not preclude REALTORS® from making general announcements
to prospective clients describing their services and the terms of
their availability even though some recipients may have entered into
agency agreements or other exclusive relationships with another REALTOR®.
A general telephone canvass, general mailing or distribution addressed
to all prospective clients in a given geographical area or in a given
profession, business, club, or organization, or other classification
or group is deemed "general" for purposes of this standard.
(Amended 1/98)
Article 16 is intended to recognize as unethical two basic types
of solicitations:
First, telephone or personal solicitations of property
owners who have been identified by a real estate sign, multiple
listing compilation,
or other information service as having exclusively listed their property
with another REALTOR®; and
Second, mail or other forms of written solicitations
of prospective clients whose properties are exclusively listed
with another REALTOR® when
such solicitations are not part of a general mailing but are directed
specifically to property owners identified through compilations of
current listings, "for sale" or "for rent" signs,
or other sources of information required by Article 3 and Multiple
Listing Service rules to be made available to other REALTORS® under
offers of subagency or cooperation. (Amended 1/93)
Standard of Practice 16-3
Article 16 does not preclude REALTORS® from contacting the client
of another broker for the purpose of offering to provide, or entering
into a contract to provide, a different type of real estate service
unrelated to the type of service currently being provided (e.g.,
property management as opposed to brokerage). However, information
received through a Multiple Listing Service or any other offer of
cooperation may not be used to target clients of other REALTORS® to
whom such offers to provide services may be made. (Amended 1/93)
Standard of Practice 16-4
REALTORS® shall not solicit a listing which is currently listed
exclusively with another broker. However, if the listing broker,
when asked by the REALTOR®, refuses to disclose the expiration
date and nature of such listing; i.e., an exclusive right to sell,
an exclusive agency, open listing, or other form of contractual agreement
between the listing broker and the client, the REALTOR® may contact
the owner to secure such information and may discuss the terms upon
which the REALTOR® might take a future listing or, alternatively,
may take a listing to become effective upon expiration of any existing
exclusive listing. (Amended 1/94)
Standard of Practice 16-5
REALTORS® shall not solicit buyer/tenant agreements from buyers/tenants
who are subject to exclusive buyer/tenant agreements. However, if
asked by a REALTOR®, the broker refuses to disclose the expiration
date of the exclusive buyer/tenant agreement, the REALTOR® may
contact the buyer/tenant to secure such information and may discuss
the terms upon which the REALTOR® might enter into a future buyer/tenant
agreement or, alternatively, may enter into a buyer/tenant agreement
to become effective upon the expiration of any existing exclusive
buyer/tenant agreement. (Adopted 1/94, Amended 1/98)
Standard of Practice 16-6
When REALTORS® are contacted by the client of another REALTOR® regarding
the creation of an exclusive relationship to provide the same type
of service, and REALTORS® have not directly or indirectly initiated
such discussions, they may discuss the terms upon which they might
enter into a future agreement or, alternatively, may enter into an
agreement which becomes effective upon expiration of any existing
exclusive agreement. (Amended 1/98)
Standard of Practice 16-7
The fact that a client has retained a REALTOR® as an agent or
in another exclusive relationship in one or more past transactions
does not preclude other REALTORS® from seeking such former client's
future business. (Amended 1/98)
Standard of Practice 16-8
The fact that an exclusive agreement has been entered
into with a REALTOR® shall not preclude or inhibit any other REALTOR® from
entering into a similar agreement after the expiration of the prior
agreement. (Amended 1/98)
Standard of Practice 16-9
REALTORS®, prior to entering into an agency agreement
or other exclusive relationship, have an affirmative obligation
to make reasonable
efforts to determine whether the client is subject to a current,
valid exclusive agreement to provide the same type of real estate
service. (Amended 1/98)
Standard of Practice 16-10
REALTORS®, acting as agents of, or in another
relationship with, buyers or tenants, shall disclose that relationship
to the seller/landlord's
agent or broker at first contact and shall provide written confirmation
of that disclosure to the seller/landlord's agent or broker not later
than execution of a purchase agreement or lease. (Amended 1/98)
Standard of Practice 16-11
On unlisted property, REALTORS® acting as buyer/tenant
agents or brokers shall disclose that relationship to the seller/landlord
at first contact for that client and shall provide written confirmation
of such disclosure to the seller/landlord not later than execution
of any purchase or lease agreement.
REALTORS® shall make any request for anticipated
compensation from the seller/landlord at first contact. (Amended
1/98)
Standard of Practice 16-12
REALTORS®, acting as agents or brokers of sellers/landlords
or as subagents of listing brokers, shall disclose that relationship
to buyers/tenants as soon as practicable and shall provide written
confirmation of such disclosure to buyers/tenants not later than
execution of any purchase or lease agreement. (Amended 1/98)
Standard of Practice 16-13
All dealings concerning property exclusively listed, or with buyer/tenants
who are subject to an exclusive agreement shall be carried on with
the client's agent or broker, and not with the client, except with
the consent of the client's agent or broker or except where such
dealings are initiated by the client.
Before providing substantive services (such as writing
a purchase offer or presenting a CMA) to prospective purchasers,
sellers, tenants
or landlords ("prospects"), REALTORS® shall ask prospects
whether they are a party to any exclusive representation agreement.
REALTORS® shall not knowingly provide substantive services concerning
a prospective transaction to prospects who are parties to exclusive
representation agreements, except with the consent of the prospects'
exclusive representatives or at the direction of prospects. (Adopted
1/93, Amended 1/03)
Standard of Practice 16-14
REALTORS® are free to enter into contractual
relationships or to negotiate with sellers/landlords, buyers/tenants
or others who
are not subject to an exclusive agreement but shall not knowingly
obligate them to pay more than one commission except with their informed
consent. (Amended 1/98)
Standard of Practice 16-15
In cooperative transactions REALTORS® shall compensate cooperating
REALTORS® (principal brokers) and shall not compensate nor offer
to compensate, directly or indirectly, any of the sales licensees
employed by or affiliated with other REALTORS® without the prior
express knowledge and consent of the cooperating broker.
Standard of Practice 16-16
REALTORS®, acting as subagents or buyer/tenant
agents or brokers, shall not use the terms of an offer to purchase/lease
to attempt
to modify the listing broker's offer of compensation to subagents
or buyer's agents or brokers nor make the submission of an executed
offer to purchase/lease contingent on the listing broker's agreement
to modify the offer of compensation. (Amended 1/98)
Standard of Practice 16-17
REALTORS® acting as subagents or as buyer/tenant
agents or brokers, shall not attempt to extend a listing broker's
offer of cooperation
and/or compensation to other brokers without the consent of the listing
broker. (Amended 1/98)
Standard of Practice 16-18
REALTORS® shall not use information obtained
from listing brokers through offers to cooperate made through multiple
listing services
or through other offers of cooperation to refer listing brokers'
clients to other brokers or to create buyer/tenant relationships
with listing brokers' clients, unless such use is authorized by listing
brokers. (Amended 1/02)
Standard of Practice 16-19
Signs giving notice of property for sale, rent, lease, or exchange
shall not be placed on property without consent of the seller/landlord.
(Amended 1/93)
Standard of Practice 16-20
REALTORS®, prior to or after terminating their relationship
with their current firm, shall not induce clients of their current
firm to cancel exclusive contractual agreements between the client
and that firm. This does not preclude REALTORS® (principals)
from establishing agreements with their ASSOCIATEd licensees governing
assignability of exclusive agreements. (Adopted 1/98)
Article 17
In the event of contractual disputes or specific non-contractual
disputes as defined in Standard of Practice 17-4 between REALTORS® (principals)
ASSOCIATEd with different firms, arising out of their relationship
as REALTORS®, the REALTORS® shall submit the dispute to
arbitration in accordance with the regulations of their Board or
Boards rather than litigate the matter.
In the event clients of REALTORS® wish to arbitrate contractual
disputes arising out of real estate transactions, REALTORS® shall
arbitrate those disputes in accordance with the regulations of their
Board, provided the clients agree to be bound by the decision.
The obligation to participate in arbitration contemplated
by this Article includes the obligation of REALTORS® (principals)
to cause their firms to arbitrate and be bound by any award. (Amended
1/01)
Standard of Practice 17-1
The filing of litigation and refusal to withdraw
from it by REALTORS® in
an arbitrable matter constitutes a refusal to arbitrate. (Adopted
2/86)
Standard of Practice 17-2
rticle 17 does not require REALTORS® to arbitrate
in those circumstances when all parties to the dispute advise the
Board in writing that
they choose not to arbitrate before the Board. (Amended 1/93)
Standard of Practice 17-3
REALTORS®, when acting solely as principals in a real estate
transaction, are not obligated to arbitrate disputes with other REALTORS® absent
a specific written agreement to the contrary. (Adopted 1/96)
Standard of Practice 17-4
Specific non-contractual disputes that are subject to arbitration
pursuant to Article 17 are:
Where a listing broker has compensated a cooperating broker and another
cooperating broker subsequently claims to be the procuring cause
of the sale or lease. In such cases the complainant may name the
first cooperating broker as respondent and arbitration may proceed
without the listing broker being named as a respondent. Alternatively,
if the complaint is brought against the listing broker, the listing
broker may name the first cooperating broker as a third-party respondent.
In either instance the decision of the hearing panel as to procuring
cause shall be conclusive with respect to all current or subsequent
claims of the parties for compensation arising out of the underlying
cooperative transaction. (Adopted 1/97)
Where a buyer or tenant representative is compensated by the seller
or landlord, and not by the listing broker, and the listing broker,
as a result, reduces the commission owed by the seller or landlord
and, subsequent to such actions, another cooperating broker claims
to be the procuring cause of sale or lease. In such cases the complainant
may name the first cooperating broker as respondent and arbitration
may proceed without the listing broker being named as a respondent.
Alternatively, if the complaint is brought against the listing
broker, the listing broker may name the first cooperating broker
as a third-party respondent. In either instance the decision of
the hearing panel as to procuring cause shall be conclusive with
respect to all current or subsequent claims of the parties for
compensation arising out of the underlying cooperative transaction.
(Adopted 1/97)
Where a buyer or tenant representative is compensated by the buyer
or tenant and, as a result, the listing broker reduces the commission
owed by the seller or landlord and, subsequent to such actions,
another cooperating broker claims to be the procuring cause of
sale or lease. In such cases the complainant may name the first
cooperating broker as respondent and arbitration may proceed without
the listing broker being named as a respondent. Alternatively,
if the complaint is brought against the listing broker, the listing
broker may name the first cooperating broker as a third-party respondent.
In either instance the decision of the hearing panel as to procuring
cause shall be conclusive with respect to all current or subsequent
claims of the parties for compensation arising out of the underlying
cooperative transaction. (Adopted 1/97)
Where two or more listing brokers claim entitlement to compensation
pursuant to open listings with a seller or landlord who agrees
to participate in arbitration (or who requests arbitration) and
who agrees to be bound by the decision. In cases where one of the
listing brokers has been compensated by the seller or landlord,
the other listing broker, as complainant, may name the first listing
broker as respondent and arbitration may proceed between the brokers.
(Adopted 1/97)
The Code of Ethics was adopted in 1913. Amended at the Annual Convention
in 1924, 1928, 1950, 1951, 1952, 1955, 1956, 1961, 1962, 1974,
1982, 1986, 1987, 1989, 1990, 1991, 1992, 1993, 1994, 1995, 1996,
1997, 1998, 1999, 2000, 2001 and 2002.
Explanatory Notes
The reader should be aware of the following policies which have been
approved by the Board of Directors of the National Association:
In filing a charge of an alleged violation of the
Code of Ethics by a REALTOR®, the charge must read as an alleged
violation of one or more Articles of the Code. Standards of Practice
may be cited
in support of the charge.
The Standards of Practice serve to clarify the ethical obligations
imposed by the various Articles and supplement, and do not substitute
for, the Case Interpretations in Interpretations of the Code of Ethics.
Modifications to existing Standards of Practice and additional new
Standards of Practice are approved from time to time. Readers are
cautioned to ensure that the most recent publications are utilized.
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