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Ethics – The 3 R’s
3 Hours Ethics
CE.5842001-RE (Classroom)
Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 1
Housekeeping
 No phones or texting during the class.
 Please make sure that you sign in.
 Restrooms
 Direct attention to instructor.
 Refrain from distracting activities.
 Breaks
 Instructor Evaluations
 Attendance sign out
 Certificates of Completion
Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 2
Ethics - The 3 R’s
Requirements, Responsibility
and Ramifications
Objectives:
 For the Real Estate Professional :
1. To know the requirements of becoming a REALTOR®
2. To understand the importance of following the Code
of Ethics
3. To understand their responsibilities to the public,
clients, customers and REALTORS®
4. To be aware of the ramifications of any unethical
conduct of the licensee
Copyright 2021 Real Estate School of Nevada, Inc. All Rights
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What are Ethics?
 The rules of conduct recognized in respect to a
particular class of human actions or a particular
group.
What are ethics in real estate?
 A set of Professional Courtesies for Real Estate
Licensees to abide by in order to create a higher
standard of practice for the profession and the
public
Copyright 2021 Real Estate School of Nevada, Inc. All Rights
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Ethics and the Objectives of the
NATIONAL ASSOCIATION OF
REALTORS®
1. To provide facilities for education, to raise the standards of real
estate practice, and preserve the right of property ownership in
the interest of the public welfare
2. To promote and maintain high standards of conduct in the
transaction of real estate business
3. To formulate and promulgate a Code of Ethics for members of the
National Association
4. To license the right to display and use the emblem seal of the
NATIONAL ASSOCIATION OF REALTORS®, and the right to use the
terms of REALTOR®, REALTORS®, and REALTOR-ASSOCIATE®
5. To inform the public of the advantages of transacting business with
REALTORS® and to encourage use by members of the REALTOR®
mark
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When is a Licensee a REALTOR®?
 Applicants for REALTOR® membership are required to
complete a minimum of two hours and thirty minutes
of orientation on the Code of Ethics of the National
Association of REALTORS®
 To earn a designation, a licensee has taken
coursework and demonstrated specific skills,
performance and knowledge in a particular area of
the real estate industry. The oath to follow the
Golden Rule is administered at these courses.
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Regarding the REALTOR® Trademark
 The term REALTOR® has only one, meaning:
 REALTOR® is a federally registered collective membership mark
which identifies a real estate professional who is member of
the NATIONAL ASSOCIATION OF REALTORS® and subscribes to
its strict Code of Ethics* (Nar membership manual re: definition of
REALTOR)
 NRS 645.633 1. (a) Willfully using any trade name, service
mark or insigne of membership in any real estate organization
of which the licensee is not a member, without the legal right
to do so.
This emblem may only be used by members
of the NAR REALTOR®, REALTORS®, or
REALTOR-ASSOCIATE® in good standing. This
logo may not be edited.
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17 Articles of the NAR Code of Ethics
 The 17 Articles are broad statements of ethical
principals.
 Since the Code of Ethics was adopted in 1913, the
Code has required the cooperation between
members, respect of other broker’s exclusive
relationships with clients, and the use of arbitration
concerning contractual disputes.
 The National Code of Ethics is Broken into 3
Categories:
◦ Articles 1-9 Duties to Clients and Customers
◦ Articles 10-14 Duties to the public
◦ Articles 15-17 Duties to Realtors
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Articles 1-9
Duties to Clients and Customers
 Article 1 - Protect and Promote your Client’s interests,
but be honest with all parties
1. As the agent for your client, you must pledge to protect and promote
the interests of your clients. This is your fiduciary duty.
2. You still have the obligation to treat all parties with fairness and
honesty.
3. The agent must not mislead sellers, buyers or tenants in any area of
the transaction
4. The agent must disclose to the parties in a transaction the following:
a. If the agent is a party to the transaction or has a relationship to anyone else
in the transaction
b. If the agent is representing both parties, in writing and agreed to by both
parties
c. The source of all compensation to the brokerage
d. Any Business relationship between the brokerage and vendors
e. Any fees to be charged to the principal
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Article 1(continued)
5. To preserve all confidential information of the client
including 1 year after the termination of the
professional relationship (NRS 645. ) The
broker/agent may reveal information in the following
instances:
1. With Written permission of the principal
2. Through a court order
3. If the client is breaking the law or has the intention of
breaking the law
4. If the REALTOR® needs to defend himself of wrongful
conduct
NRS 645.254- see attachment
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Case study Article 1- Duty to client and Customer
Case #1-1: Fidelity to Client
 (Originally Case #7-1. Revised May 1988. Transferred to Article 1
November 1994.)
 Client A complained to a Board of REALTORS® that two of its
members, REALTORS® B and his sales associate, REALTOR-
ASSOCIATE® C, had failed to represent the client’s interests
faithfully by proposing to various prospective buyers that a price
less than the listed price of a house be offered. His complaint
specified that REALTOR® B, in consultation with him, had agreed
that $137,900 would be a fair price for the house, and it had
been listed at that figure. The complaint also named three
different prospective buyers who had told Client A that while
looking at the property, REALTOR-ASSOCIATE® C, representing
REALTOR® B, when asked the price had said, “It’s listed at
$137,900, but I’m pretty sure that an offer of $130,000 will be
accepted.”
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Case study Article 1- Duty to client and Customer
 REALTOR® B and REALTOR-ASSOCIATE® C were notified of the
complaint and requested to be present at a hearing on the
matter scheduled before a Hearing Panel of the Board’s
Professional Standards Committee.
 During the hearing, REALTOR® B confirmed that he had agreed
with Client A that $137,900 was a fair price for the house, and
that it was listed at that figure. He added that he had asked for
a 90-day listing contract as some time might be required in
securing the full market value. Client A had agreed to do this
but had indicated that he was interested in selling within a
month even if it meant making some concession on the price.
The discussion concluded with an agreement on listing at
$137,900 and with REALTOR® B agreeing to make every effort to
get that price for Client A.
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Case study Article 1- Duty to client and Customer
 REALTOR-ASSOCIATE® C said in the hearing that REALTOR® B had
repeated these comments of Client A and he, REALTOR-
ASSOCIATE® C, had interpreted them as meaning that an early
offer of about 10 percent less than the listed price would be
acceptable to the seller, Client A. Questioning by the Hearing
Panel established that neither REALTOR® B nor REALTOR-
ASSOCIATE® C had been authorized to quote a price other than
$137,900.
 It was the Hearing Panel’s conclusion that REALTOR® B was not in
violation of Article 1 since he had no reason to know of REALTOR-
ASSOCIATE® C’s actions. The panel did find REALTOR-ASSOCIATE®
C in violation of Article 1 for divulging his knowledge that the
client was desirous of a rapid sale even if it meant accepting less
than the asking price. The panel noted that such a disclosure was
not in the client’s best interest and should never be made
without the client’s knowledge and consent.
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Case study Article 1- Duty to client and Customer
 REALTOR-ASSOCIATE® C said in the hearing that REALTOR® B had
repeated these comments of Client A and he, REALTOR-
ASSOCIATE® C, had interpreted them as meaning that an early
offer of about 10 percent less than the listed price would be
acceptable to the seller, Client A. Questioning by the Hearing
Panel established that neither REALTOR® B nor REALTOR-
ASSOCIATE® C had been authorized to quote a price other than
$137,900.
 It was the Hearing Panel’s conclusion that REALTOR® B was not in
violation of Article 1 since he had no reason to know of REALTOR-
ASSOCIATE® C’s actions. The panel did find REALTOR-ASSOCIATE®
C in violation of Article 1 for divulging his knowledge that the
client was desirous of a rapid sale even if it meant accepting less
than the asking price. The panel noted that such a disclosure was
not in the client’s best interest and should never be made
without the client’s knowledge and consent.
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Articles 1-9
Duties to Clients and Customers
 Article 2:
1. Avoid exaggeration, misrepresentation, and
concealment of pertinent facts. Do not reveal facts
that are confidential under the scope of your agency
relationship.
◦ As a licensee, practice only in your area of expertise
◦ Disclose material facts and material defects to the
principal
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Case study Article 2 - Duty to Client and Customer
Case #2-4: Obligation to Ascertain Pertinent Facts
 (Revised Case #9-10 May 1988. Transferred to Article 2 November 1994.)
 Shortly after REALTOR® A, the listing broker, closed the sale of a home to
Buyer B, a complaint was received by the Board charging REALTOR® A
with an alleged violation of Article 2 in that he had failed to disclose a
substantial fact concerning the property. The charge indicated that the
house was not connected to the city sanitary sewage system, but rather
had a septic tank.
 In a statement to the Board’s Grievance Committee, Buyer B stated that
the subject was not discussed during his various conversations with
REALTOR® A about the house. However, he pointed out that his own
independent inquiries had revealed that the street on which the house
was located was “sewered” and he naturally assumed the house was
connected. He had since determined that every other house on the
street for several blocks in both directions was connected. He stated that
REALTOR® A, in not having disclosed this exceptional situation, had failed
to disclose a pertinent fact.
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Case study Article 2 - Duty to Client and Customer
 REALTOR® A’s defense in a hearing before a Hearing Panel of the
Professional Standards Committee was:
 That he did not know this particular house was not connected
with the sewer;
 That in advertising the house, he had not represented it as
being connected;
 That at no time, as Buyer B conceded, had he orally stated that
the house was connected;
 That it was common knowledge that most, if not all, of the
houses in the area were connected to the sewer; and
 That the seller, in response to REALTOR® A’s questions at the
time the listing was entered into, had stated that the house was
connected to the sewer.
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Case study Article 2 - Duty to Client and Customer
 The panel determined that the absence of a sewer connection
in an area where other houses were connected was a
substantial and pertinent fact in the transaction; but that the
fact that the house was not connected to the sewer was not
possible to determine in the course of a visual inspection and,
further, that REALTOR® A had made appropriate inquiries of the
seller and was entitled to rely on the representations of the
seller. The panel concluded that REALTOR® A was not in
violation of Article 2.
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Articles 1-9
Duties to Clients and Customers
 Article 3:
1. Cooperate with other Real Estate professionals to
advance Client’s best interests
a. Relates to the obligation to share information on listed
property and to make a property available to other brokers
for showing to prospective buyers when it is in the best
interests of the sellers.
b. See Pathways to Professionalism, Respect for Peers
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Articles 1-9
Duties to Clients and Customers
 Article 4
1. When buying or selling, make your position in the
transaction or interest known.
a. This is for the protection of all parties and this disclosure
must be in writing.
 Article 5
1. Disclose present or contemplated interest in any
property to all parties.
NRS 645.252 1(c) Duties of licensee acting as agent in a
real estate transaction
 Article 6
1. REALTORS® shall not accept any commission, rebate
or profit on expenditures made for their client
without the client’s written consent.
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Articles 1-9
Duties to Clients and Customers
 Article 7
1. REALTORS® shall not accept compensation from more than
1 party without the informed, written consent of all parties
of the transaction.
 Article 8
1. REALTORS® shall keep funds of clients and customers in a
special account separated from their own funds.
 Article 9
1. Assure whenever possible that transactional details are in
clear and understandable language and in writing for the
protection of all parties. A copy of each agreement will be
furnished to each party upon their signing
or initialing.
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Articles 10-15
Duties to the Public
 Article 10
1. Relating to Fair Housing, the REALTOR® shall provide
equal service to all clients and customers. There is no
room for discrimination of any sort. Providing reliable
demographic information may be permitted to assist
with or complete a real estate transaction.
2. REALTORS® shall not advertise in any media
concerning real estate regarding discrimination or
preferences based on:
1. Race 4. Sex/Gender 7. National Origin
2. Color 5. Handicap 8. Sexual Orientation
3. Religion 6. Familial Status 9. Gender Identity
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Articles 10-15
Duties to the Public
 Article 11
1. REALTORS® must be knowledgeable and competent
in the field of practice in which they ordinarily engage
OR obtain assistance from one who does or disclose
lack of experience to the principals. REALTORS® may
not offer information or give advise that is outside
their area of expertise.
2. Preparing opinions of Real Property Value, the
REALTOR®:
a. Must be knowledgeable about the type of property;
b. Have access to the information and resources necessary to
offer an accurate opinion; and
c. Be familiar with the area where the subject property is
located.
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Articles 10-15
Duties to the Public
 Article 12
1. REALTORS® shall be honest and truthful in all
communications, and present a true picture in their
advertising, marketing and other representations. The
status as Real Estate Professionals is readily apparent, and
that any communication is from a Real Estate
Professional.
a. Offering free services or services at a discount must be disclosed.
b. REALTORS® must not offer a home for sale or lease or advertise
without the authority of the homeowner or representative.
REALTORS® shall not quote a price different than that which was
agreed upon by the homeowner.
c. The name of the Brokerage or Firm must be in all advertising by a
licensee.
NRS 645.315- see handout
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Articles 10-15
Duties to the Public
 Article 12 (cont.)
d. Advertising in any form must be current and accurate.
e. Concerning internet advertising, the licensee may not engage
in deceptive Marketing, use of advertising developed by
other people, mislead consumers or deceptively use
metatags, keywords or other methods to direct internet
traffic
f. If the licensee intends to share or sell consumer information
gathered via internet, it must be disclosed.
g. Use and registration of URL’s must present a true picture.
h. Use of only registered designations, certifications and other
credentials that the licensee is permitted to use if they are
legitimately entitled.
See NRS 645.633 regarding trademarks. See NRS 645.315
regarding advertising.
 Article 13
1. REALTORS® will not engage in the unauthorized practice of
Law.
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Case study Article 12 - Duties to the Public
Case #12-11: Advertisements by Individuals Other Than the Listing
Broker
 REALTOR® A placed a full-page ad in the Sunday supplement of
his local newspaper. In the body of the ad were pictures of
several homes and their addresses. At the top of the page was
the following: “We’ve sold these—we can sell yours, too.”
 The following week, three complaints were received from other
Board Members alleging that REALTOR® A’s ad was in violation of
Article 12. Each of the complaints noted that REALTOR® A had
participated in the transaction as the successful cooperating
broker who had located the eventual purchasers, but the
complaints also claimed that REALTOR® A’s claim to have “sold”
these properties was false and misleading since none of the
properties had been listed with him and, in one instance, the sale
had yet to close.
 Since all the complaints involved the same advertisement, they
were consolidated to be heard at the same hearing before a
Hearing Panel of the Professional Standards Committee.
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Case study Article 12 - Duties to the Public
 At the hearing, REALTOR® A defended his actions on the basis that
although the properties had been listed with other brokers, he had been
the “selling” or “cooperating” broker and was entitled to advertise his role
in the transactions.
 The Hearing Panel agreed with REALTOR® A’s reasoning in their decision,
pointing out that Article 12 as interpreted by Standard of Practice 12-7,
provides that cooperating brokers (selling brokers) may claim to have
“sold” the property and that such claims may be made by either the listing
broker or the cooperating broker or by both of them upon acceptance of a
purchase offer by the seller. The panel also noted that REALTOR® A could
have shown that he had “participated in” or had “cooperated in” these
transactions and met his ethical obligations.
 The panel’s decision also indicated that during the existence of any listing,
the cooperating broker’s rights to advertise and market flow from the
listing broker. However, claims of this nature were not advertisements of
the properties but rather were advertisements of the broker’s services.
The only limitation on the ability of a cooperating broker to claim or to
represent that a property had been “sold” was that the listing broker’s
consent would be required before a “sold” sign could physically be
placed on the seller’s property prior to closing.
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Case study Article 12 - Duty to the public
Case #12-1: Absence of Name on Sign
 Prospect A observed a sign on a vacant lot reading: “For Sale—Call 330-
5215.” Thinking he would be dealing with a For Sale by Owner, he
called the number on the sign. He was surprised and offended that the
lot was exclusively listed by REALTOR® A, and the telephone number on
the sign was the home number of REALTOR-ASSOCIATE® B in REALTOR®
A’s office.
 Prospect A filed a complaint against REALTOR® A and REALTOR-
ASSOCIATE® B. alleging a violation of Article 12 of the Code of Ethics.
 At the hearing, REALTOR® A stated that he permitted REALTOR-
ASSOCIATE® B to put up the sign. REALTOR-ASSOCIATE® B’s defense was
that the sign was not a “formal” advertisement, such as a newspaper
advertisement, business card, or billboard, to which he understood
Article 12 to apply.
 The Hearing Panel determined that the sign was an advertisement
within the meaning of Article 12; that its use violated that Article of the
Code; and that both REALTOR® A and REALTOR-ASSOCIATE® B were in
violation of Article 12.
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Articles 10-15
Duties to the Public
 Article 14
1. REALTORS® are to be willing participants in the
Code Enforcement Procedures
1. They will not impede the Board’s investigative or
disciplinary proceeding s by filing frivolous or multiple
ethics complaints based on the same event or
transaction
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Articles 15-17
Duties to REALTORS®
 Article 15
Ensure your comments about other Real Estate
professionals or their business practices are
truthful and not misleading.
1. REALTORS® must not knowingly file false or unfounded
ethics complaints.
2. To not knowingly make false statements regarding
hearsay or rumor of another licensee in any form of
media.
3. Any false statement made will be remedied through
publishing a clarification of the mistake and a
withdrawal of said violation.
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Case study Article 15 - Duties to REALTORS®
Case #15-2: Intentional Misrepresentation of a Competitor’s Business
Practices
 Following a round of golf early one morning, Homeowner A approached
REALTOR® X. “We’ve outgrown our home and I want to list it with you,”
said Homeowner A. “I’m sorry,” said REALTOR® X, “but I represent buyers
exclusively.” “Then how about REALTOR® Z?,” asked Homeowner A, “I’ve
heard good things about him.” “I don’t know if I would do that,” said
REALTOR® X, “while he does represent sellers, he doesn’t cooperate with
buyer brokers and, as a result, sellers don’t get adequate market exposure
for their properties.”
 Later that day, Homeowner A repeated REALTOR® X’s remarks to his wife
who happened to be a close friend of REALTOR® Z’s wife. Within hours,
REALTOR® Z had been made aware of REALTOR® X’s remarks to
Homeowner A earlier in the day. REALTOR® Z filed a complaint against
REALTOR® X charging him with making false and misleading statements.
REALTOR® Z’s complaint was considered by the Grievance Committee
which determined that an ethics hearing should be held.
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Case study Article 15 - Duties to REALTORS®
 At the hearing, REALTOR® Z stated, “I have no idea what REALTOR® X was
thinking about when he made his comments to Homeowner A. I always
cooperated with other REALTORS®.” REALTOR® X replied, “That’s not so. Last
year you had a listing in the Multiple Listing Service and when I called to make
an appointment to show the property to the buyer, you refused to agree to
pay me.” REALTOR® Z responded that he had made a formal offer of
subagency through the MLS with respect to that property but had chosen not
to offer compensation to buyer agents through the MLS. He noted, however,
that the fact that he had not made a blanket offer of compensation to buyer
agents should not be construed as a refusal to cooperate and that he had, in
fact, cooperated with REALTOR® X in the sale of that very property.
 In response to REALTOR® Z’s questions, REALTOR® X acknowledged that he
had shown his buyer-client REALTOR® Z’s listing and that the buyer had
purchased the property. Moreover, REALTOR® X said, upon questioning by the
panel members, he had no personal knowledge of any instance in which
REALTOR Z had refused to cooperate with any other broker but had simply
assumed that REALTOR® Z’s refusal to pay the compensation REALTOR® X had
asked for was representative of a general practice on the part of
REALTOR® Z.
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Case study Article 15 - Duties to REALTORS®
 The Hearing Panel, in its deliberations, noted that cooperation and
compensation are not synonymous and though formal, blanket offers of
cooperation and compensation can be communicated through Multiple
Listing Services, even where they are not, cooperation remains the
norm expected of REALTORS®. However, to characterize REALTOR® Z’s
refusal to pay requested compensation as a “refusal to cooperate” and
to make the assumption and subsequent statement that REALTOR® Z
“did not cooperate with buyer agents” was false, misleading, and not
based on factual information. Consequently, REALTOR® X was found in
violation of Article 15.
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Articles 15-17
Duties to REALTORS®
 Article 16
Respect exclusive representation or exclusive
broker relationship agreements that other Real
Estate Professionals have with their clients.
1. REALTORS® may not solicit property owners who
have been identified by a real estate sign, MLS, or
other marketing which shows the property is in an
exclusive agency relationship with another Real
Estate professional until that agency relationship
has expired or been withdrawn.
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Articles 15-17
Duties to REALTORS®
 Article 16
2. REALTORS® may not solicit property owners who
have been identified by a real estate sign, MLS, or
other marketing which shows the property is in an
exclusive agency relationship with another Real
Estate professional. see NRS 645.635
3. REALTORS® shall not ask clients to pay more than
one commission except with their informed consent.
4. Compensation will be a transaction between the
Principal brokers and not through the sub agents.
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Articles 15-17
Duties to REALTORS®
 Article 16
5. Signs that show the home is listed, may only be
placed on the property with the consent of the
seller or his representative.
6. REALTORS® shall not induce clients of another Real
Estate professional to cancel any contracts in order
to make them their new client.
See NRS 645.635
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Case study Article 16 - Duties to REALTORS®
Case #16-2: Respect for Agency
 (Revised Case #21-6 May 1988. Transferred to Article 16 November 1994.)
 Client A gave a 180-day exclusive right to sell listing of a commercial
property to REALTOR® B, specifying that no “for sale” sign was to be placed
on the property. REALTOR® B and his sales associates started an intensive
sales effort which, after three months, had produced no offer to buy. But it
had called attention to the fact that Client A’s property was for sale. When
REALTOR® C heard of it, he called on Client A, saying that he understood
that his property was, or soon would be, for sale, and that if Client A would
list the property with him exclusively, he felt confident that he could
provide prompt action. Client A said the property was exclusively listed
with REALTOR® B under a contract that still had about 90 days to run.
 “In that case,” said REALTOR® C, “you are bound for the next 90 days to
REALTOR® B. I have a really outstanding organization, constantly in touch
with active buyers interested in this class of property. I am in a position to
render you an exceptional service, and I will plan to call you again in 90
days or so.”
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Case study Article 16 - Duties to REALTORS®
 The property remained unsold during the term of REALTOR® B’s listing
contract. REALTOR® C called again on Client A and obtained his assurance
that he would sign an exclusive listing of the property upon expiration of
the listing contract.
 When REALTOR® B called on Client A on the last day of the listing contract
to seek its renewal, Client A told him of REALTOR® C’s two visits. “I was
impressed by REALTOR® C’s assurance of superior service” Client A told
REALTOR® B, “and in view of the fact that my listing with you produced
no definite offer in the 180-day period, I have decided to give REALTOR®
C a listing tomorrow.”
 REALTOR® B filed a complaint with the Grievance Committee of the
Board, outlined the facts, and charged that REALTOR® C’s conduct had
been inconsistent with Article 16 of the Code of Ethics.
 The Grievance Committee referred the matter to the Professional
Standards Committee.
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Case study Article 16 - Duties to REALTORS®
 At the conclusion of the hearing, the panel found that REALTOR® C had
violated Article 16 by failing to respect the exclusive agency of
REALTOR® B. The panel’s decision advised that REALTOR® C’s original
contact with Client A, made at a time when he had no knowledge of
REALTOR® B’s exclusive listing, was not in itself unethical, but that as
soon as he learned of REALTOR® B’s status as the client’s exclusive
agent, he should have taken an attitude of respect for the agency of
another REALTOR®, and refrained from any effort to get the
listing until after the expiration date of the original contract.
 REALTOR® C’s attitude of regarding the client’s relationship with
REALTOR® B as a kind of misfortune, of presenting his own service as
superior to REALTOR® B’s, and of suggesting to the client that, having a
better capacity to serve him, he could wait until REALTOR® B’s listing
had expired, was, the panel said, contrary to the respect for another
REALTOR®’s exclusive agency required by Article 16.
Copyright 2021 Real Estate School of Nevada, Inc. All Rights
Reserved. 40
Case study Article 16 - Duties to REALTORS®
 The Hearing Panel’s decision further advised REALTOR® C that he
would have conducted himself in accord with Article 16 if, upon
learning of REALTOR® B’s status as exclusive agent, he had expressed
his willingness to cooperate with REALTOR® B in the sale of Client A’s
property.
Copyright 2021 Real Estate School of Nevada, Inc. All Rights
Reserved. 41
Articles 15-17
Duties to REALTORS
 Article 17
◦ In the event of contractual disputes between
REALTORS® associated with different firms, the
REALTORS® will mediate/arbitrate the dispute if the
local board requires it.
1. Examples:
a. Entitlement for compensation
b. Procuring cause
c. Unethical comments or actions
Copyright 2021 Real Estate School of Nevada, Inc. All Rights
Reserved. 42
What happens when the Code of Ethics
is violated?
 Only REALTORS®, REALTOR-ASSOCIATES® as members
of the NAR are subject to the Code of Ethics.
 Only violations of the articles can result in disciplinary
action. A licensee may not be found in violation of
standards of practice, only it’s founding article.
 If the code of Ethics conflicts with the law, the law will
take precedence.
 Associations do not determine whether law or
regulations have been violated. These decisions must
be made by the regulatory authorities or courts.
Copyright 2021 Real Estate School of Nevada, Inc. All Rights
Reserved. 43
End-of-course Quiz
 You are now ready to take the end-of-course quiz.
Copyright 2021 Real Estate School of Nevada, Inc. All Rights
Reserved. 44
End-of-course Quiz
1. There are 17 articles and 4 sections in the Code of
Ethics.
A. True
B. False
Copyright 2021 Real Estate School of Nevada, Inc. All Rights
Reserved. 45
End-of-course Quiz
2. Only the public can file a complaint against a
REALTOR®.
A. True
B. False
Copyright 2021 Real Estate School of Nevada, Inc. All Rights
Reserved. 46
End-of-course Quiz
3. The Code of Ethics was adopted to establish standards
of conduct in the Industry.
A. True
B. False
Copyright 2021 Real Estate School of Nevada, Inc. All Rights
Reserved. 47
End-of-course Quiz
4. The licensee may use the REALTOR® trademark
whether a member of NAR or not.
A. True
B. False
Copyright 2021 Real Estate School of Nevada, Inc. All Rights
Reserved. 48
End-of-course Quiz
5. The Code of Ethics requires REALTORS® to respect
agency relationships that other REALTORS® have with
their clients.
A. True
B. False
Copyright 2021 Real Estate School of Nevada, Inc. All Rights
Reserved. 49
End-of-course Quiz
6. The REALTOR® representing the seller must be
careful not to say anything about the property or the
price which would hard the owner’s interests.
A. True
B. False
Copyright 2021 Real Estate School of Nevada, Inc. All Rights
Reserved. 50
End-of-course Quiz
7. The Code of Ethics prohibits misrepresentation or
exaggeration about pertinent facts regarding the
property or the transaction.
A. True
B. False
Copyright 2021 Real Estate School of Nevada, Inc. All Rights
Reserved. 51
End-of-course Quiz
8. The Golden Rule is part of the Preamble of the Code
of Ethics.
A. True
B. False
Copyright 2021 Real Estate School of Nevada, Inc. All Rights
Reserved. 52
End-of-course Quiz
9. The REALTOR® has an obligation to protect and
promote the interests of his or her clients regardless of
the effect on any other party or REALTOR® .
A. True
B. False
Copyright 2021 Real Estate School of Nevada, Inc. All Rights
Reserved. 53
End-of-course Quiz
10. Understanding the Fair Housing laws is an
important part of being a competent REALTOR®.
A. True
B. False
Copyright 2021 Real Estate School of Nevada, Inc. All Rights
Reserved. 54
Ethics – The 3 R’s
3 Hours Ethics
CE.5842001-RE (Classroom)
Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 55

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Ethics - The 3 R's.pptxEthics - The 3 R's.pptx

  • 1. Ethics – The 3 R’s 3 Hours Ethics CE.5842001-RE (Classroom) Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 1
  • 2. Housekeeping  No phones or texting during the class.  Please make sure that you sign in.  Restrooms  Direct attention to instructor.  Refrain from distracting activities.  Breaks  Instructor Evaluations  Attendance sign out  Certificates of Completion Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 2
  • 3. Ethics - The 3 R’s Requirements, Responsibility and Ramifications Objectives:  For the Real Estate Professional : 1. To know the requirements of becoming a REALTOR® 2. To understand the importance of following the Code of Ethics 3. To understand their responsibilities to the public, clients, customers and REALTORS® 4. To be aware of the ramifications of any unethical conduct of the licensee Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 3
  • 4. What are Ethics?  The rules of conduct recognized in respect to a particular class of human actions or a particular group. What are ethics in real estate?  A set of Professional Courtesies for Real Estate Licensees to abide by in order to create a higher standard of practice for the profession and the public Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 4
  • 5. Ethics and the Objectives of the NATIONAL ASSOCIATION OF REALTORS® 1. To provide facilities for education, to raise the standards of real estate practice, and preserve the right of property ownership in the interest of the public welfare 2. To promote and maintain high standards of conduct in the transaction of real estate business 3. To formulate and promulgate a Code of Ethics for members of the National Association 4. To license the right to display and use the emblem seal of the NATIONAL ASSOCIATION OF REALTORS®, and the right to use the terms of REALTOR®, REALTORS®, and REALTOR-ASSOCIATE® 5. To inform the public of the advantages of transacting business with REALTORS® and to encourage use by members of the REALTOR® mark Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 5
  • 6. When is a Licensee a REALTOR®?  Applicants for REALTOR® membership are required to complete a minimum of two hours and thirty minutes of orientation on the Code of Ethics of the National Association of REALTORS®  To earn a designation, a licensee has taken coursework and demonstrated specific skills, performance and knowledge in a particular area of the real estate industry. The oath to follow the Golden Rule is administered at these courses. Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 6
  • 7. Regarding the REALTOR® Trademark  The term REALTOR® has only one, meaning:  REALTOR® is a federally registered collective membership mark which identifies a real estate professional who is member of the NATIONAL ASSOCIATION OF REALTORS® and subscribes to its strict Code of Ethics* (Nar membership manual re: definition of REALTOR)  NRS 645.633 1. (a) Willfully using any trade name, service mark or insigne of membership in any real estate organization of which the licensee is not a member, without the legal right to do so. This emblem may only be used by members of the NAR REALTOR®, REALTORS®, or REALTOR-ASSOCIATE® in good standing. This logo may not be edited. Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 7
  • 8. 17 Articles of the NAR Code of Ethics  The 17 Articles are broad statements of ethical principals.  Since the Code of Ethics was adopted in 1913, the Code has required the cooperation between members, respect of other broker’s exclusive relationships with clients, and the use of arbitration concerning contractual disputes.  The National Code of Ethics is Broken into 3 Categories: ◦ Articles 1-9 Duties to Clients and Customers ◦ Articles 10-14 Duties to the public ◦ Articles 15-17 Duties to Realtors Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 8
  • 9. Articles 1-9 Duties to Clients and Customers  Article 1 - Protect and Promote your Client’s interests, but be honest with all parties 1. As the agent for your client, you must pledge to protect and promote the interests of your clients. This is your fiduciary duty. 2. You still have the obligation to treat all parties with fairness and honesty. 3. The agent must not mislead sellers, buyers or tenants in any area of the transaction 4. The agent must disclose to the parties in a transaction the following: a. If the agent is a party to the transaction or has a relationship to anyone else in the transaction b. If the agent is representing both parties, in writing and agreed to by both parties c. The source of all compensation to the brokerage d. Any Business relationship between the brokerage and vendors e. Any fees to be charged to the principal Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 9
  • 10. Article 1(continued) 5. To preserve all confidential information of the client including 1 year after the termination of the professional relationship (NRS 645. ) The broker/agent may reveal information in the following instances: 1. With Written permission of the principal 2. Through a court order 3. If the client is breaking the law or has the intention of breaking the law 4. If the REALTOR® needs to defend himself of wrongful conduct NRS 645.254- see attachment Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 10
  • 11. Case study Article 1- Duty to client and Customer Case #1-1: Fidelity to Client  (Originally Case #7-1. Revised May 1988. Transferred to Article 1 November 1994.)  Client A complained to a Board of REALTORS® that two of its members, REALTORS® B and his sales associate, REALTOR- ASSOCIATE® C, had failed to represent the client’s interests faithfully by proposing to various prospective buyers that a price less than the listed price of a house be offered. His complaint specified that REALTOR® B, in consultation with him, had agreed that $137,900 would be a fair price for the house, and it had been listed at that figure. The complaint also named three different prospective buyers who had told Client A that while looking at the property, REALTOR-ASSOCIATE® C, representing REALTOR® B, when asked the price had said, “It’s listed at $137,900, but I’m pretty sure that an offer of $130,000 will be accepted.” Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 11
  • 12. Case study Article 1- Duty to client and Customer  REALTOR® B and REALTOR-ASSOCIATE® C were notified of the complaint and requested to be present at a hearing on the matter scheduled before a Hearing Panel of the Board’s Professional Standards Committee.  During the hearing, REALTOR® B confirmed that he had agreed with Client A that $137,900 was a fair price for the house, and that it was listed at that figure. He added that he had asked for a 90-day listing contract as some time might be required in securing the full market value. Client A had agreed to do this but had indicated that he was interested in selling within a month even if it meant making some concession on the price. The discussion concluded with an agreement on listing at $137,900 and with REALTOR® B agreeing to make every effort to get that price for Client A. Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 12
  • 13. Case study Article 1- Duty to client and Customer  REALTOR-ASSOCIATE® C said in the hearing that REALTOR® B had repeated these comments of Client A and he, REALTOR- ASSOCIATE® C, had interpreted them as meaning that an early offer of about 10 percent less than the listed price would be acceptable to the seller, Client A. Questioning by the Hearing Panel established that neither REALTOR® B nor REALTOR- ASSOCIATE® C had been authorized to quote a price other than $137,900.  It was the Hearing Panel’s conclusion that REALTOR® B was not in violation of Article 1 since he had no reason to know of REALTOR- ASSOCIATE® C’s actions. The panel did find REALTOR-ASSOCIATE® C in violation of Article 1 for divulging his knowledge that the client was desirous of a rapid sale even if it meant accepting less than the asking price. The panel noted that such a disclosure was not in the client’s best interest and should never be made without the client’s knowledge and consent. Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 13
  • 14. Case study Article 1- Duty to client and Customer  REALTOR-ASSOCIATE® C said in the hearing that REALTOR® B had repeated these comments of Client A and he, REALTOR- ASSOCIATE® C, had interpreted them as meaning that an early offer of about 10 percent less than the listed price would be acceptable to the seller, Client A. Questioning by the Hearing Panel established that neither REALTOR® B nor REALTOR- ASSOCIATE® C had been authorized to quote a price other than $137,900.  It was the Hearing Panel’s conclusion that REALTOR® B was not in violation of Article 1 since he had no reason to know of REALTOR- ASSOCIATE® C’s actions. The panel did find REALTOR-ASSOCIATE® C in violation of Article 1 for divulging his knowledge that the client was desirous of a rapid sale even if it meant accepting less than the asking price. The panel noted that such a disclosure was not in the client’s best interest and should never be made without the client’s knowledge and consent. Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 14
  • 15. Articles 1-9 Duties to Clients and Customers  Article 2: 1. Avoid exaggeration, misrepresentation, and concealment of pertinent facts. Do not reveal facts that are confidential under the scope of your agency relationship. ◦ As a licensee, practice only in your area of expertise ◦ Disclose material facts and material defects to the principal Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 15
  • 16. Case study Article 2 - Duty to Client and Customer Case #2-4: Obligation to Ascertain Pertinent Facts  (Revised Case #9-10 May 1988. Transferred to Article 2 November 1994.)  Shortly after REALTOR® A, the listing broker, closed the sale of a home to Buyer B, a complaint was received by the Board charging REALTOR® A with an alleged violation of Article 2 in that he had failed to disclose a substantial fact concerning the property. The charge indicated that the house was not connected to the city sanitary sewage system, but rather had a septic tank.  In a statement to the Board’s Grievance Committee, Buyer B stated that the subject was not discussed during his various conversations with REALTOR® A about the house. However, he pointed out that his own independent inquiries had revealed that the street on which the house was located was “sewered” and he naturally assumed the house was connected. He had since determined that every other house on the street for several blocks in both directions was connected. He stated that REALTOR® A, in not having disclosed this exceptional situation, had failed to disclose a pertinent fact. Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 16
  • 17. Case study Article 2 - Duty to Client and Customer  REALTOR® A’s defense in a hearing before a Hearing Panel of the Professional Standards Committee was:  That he did not know this particular house was not connected with the sewer;  That in advertising the house, he had not represented it as being connected;  That at no time, as Buyer B conceded, had he orally stated that the house was connected;  That it was common knowledge that most, if not all, of the houses in the area were connected to the sewer; and  That the seller, in response to REALTOR® A’s questions at the time the listing was entered into, had stated that the house was connected to the sewer. Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 17
  • 18. Case study Article 2 - Duty to Client and Customer  The panel determined that the absence of a sewer connection in an area where other houses were connected was a substantial and pertinent fact in the transaction; but that the fact that the house was not connected to the sewer was not possible to determine in the course of a visual inspection and, further, that REALTOR® A had made appropriate inquiries of the seller and was entitled to rely on the representations of the seller. The panel concluded that REALTOR® A was not in violation of Article 2. Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 18
  • 19. Articles 1-9 Duties to Clients and Customers  Article 3: 1. Cooperate with other Real Estate professionals to advance Client’s best interests a. Relates to the obligation to share information on listed property and to make a property available to other brokers for showing to prospective buyers when it is in the best interests of the sellers. b. See Pathways to Professionalism, Respect for Peers Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 19
  • 20. Articles 1-9 Duties to Clients and Customers  Article 4 1. When buying or selling, make your position in the transaction or interest known. a. This is for the protection of all parties and this disclosure must be in writing.  Article 5 1. Disclose present or contemplated interest in any property to all parties. NRS 645.252 1(c) Duties of licensee acting as agent in a real estate transaction  Article 6 1. REALTORS® shall not accept any commission, rebate or profit on expenditures made for their client without the client’s written consent. Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 20
  • 21. Articles 1-9 Duties to Clients and Customers  Article 7 1. REALTORS® shall not accept compensation from more than 1 party without the informed, written consent of all parties of the transaction.  Article 8 1. REALTORS® shall keep funds of clients and customers in a special account separated from their own funds.  Article 9 1. Assure whenever possible that transactional details are in clear and understandable language and in writing for the protection of all parties. A copy of each agreement will be furnished to each party upon their signing or initialing. Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 21
  • 22. Articles 10-15 Duties to the Public  Article 10 1. Relating to Fair Housing, the REALTOR® shall provide equal service to all clients and customers. There is no room for discrimination of any sort. Providing reliable demographic information may be permitted to assist with or complete a real estate transaction. 2. REALTORS® shall not advertise in any media concerning real estate regarding discrimination or preferences based on: 1. Race 4. Sex/Gender 7. National Origin 2. Color 5. Handicap 8. Sexual Orientation 3. Religion 6. Familial Status 9. Gender Identity Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 22
  • 23. Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 23
  • 24. Articles 10-15 Duties to the Public  Article 11 1. REALTORS® must be knowledgeable and competent in the field of practice in which they ordinarily engage OR obtain assistance from one who does or disclose lack of experience to the principals. REALTORS® may not offer information or give advise that is outside their area of expertise. 2. Preparing opinions of Real Property Value, the REALTOR®: a. Must be knowledgeable about the type of property; b. Have access to the information and resources necessary to offer an accurate opinion; and c. Be familiar with the area where the subject property is located. Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 24
  • 25. Articles 10-15 Duties to the Public  Article 12 1. REALTORS® shall be honest and truthful in all communications, and present a true picture in their advertising, marketing and other representations. The status as Real Estate Professionals is readily apparent, and that any communication is from a Real Estate Professional. a. Offering free services or services at a discount must be disclosed. b. REALTORS® must not offer a home for sale or lease or advertise without the authority of the homeowner or representative. REALTORS® shall not quote a price different than that which was agreed upon by the homeowner. c. The name of the Brokerage or Firm must be in all advertising by a licensee. NRS 645.315- see handout Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 25
  • 26. Articles 10-15 Duties to the Public  Article 12 (cont.) d. Advertising in any form must be current and accurate. e. Concerning internet advertising, the licensee may not engage in deceptive Marketing, use of advertising developed by other people, mislead consumers or deceptively use metatags, keywords or other methods to direct internet traffic f. If the licensee intends to share or sell consumer information gathered via internet, it must be disclosed. g. Use and registration of URL’s must present a true picture. h. Use of only registered designations, certifications and other credentials that the licensee is permitted to use if they are legitimately entitled. See NRS 645.633 regarding trademarks. See NRS 645.315 regarding advertising.  Article 13 1. REALTORS® will not engage in the unauthorized practice of Law. Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 26
  • 27. Case study Article 12 - Duties to the Public Case #12-11: Advertisements by Individuals Other Than the Listing Broker  REALTOR® A placed a full-page ad in the Sunday supplement of his local newspaper. In the body of the ad were pictures of several homes and their addresses. At the top of the page was the following: “We’ve sold these—we can sell yours, too.”  The following week, three complaints were received from other Board Members alleging that REALTOR® A’s ad was in violation of Article 12. Each of the complaints noted that REALTOR® A had participated in the transaction as the successful cooperating broker who had located the eventual purchasers, but the complaints also claimed that REALTOR® A’s claim to have “sold” these properties was false and misleading since none of the properties had been listed with him and, in one instance, the sale had yet to close.  Since all the complaints involved the same advertisement, they were consolidated to be heard at the same hearing before a Hearing Panel of the Professional Standards Committee. Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 27
  • 28. Case study Article 12 - Duties to the Public  At the hearing, REALTOR® A defended his actions on the basis that although the properties had been listed with other brokers, he had been the “selling” or “cooperating” broker and was entitled to advertise his role in the transactions.  The Hearing Panel agreed with REALTOR® A’s reasoning in their decision, pointing out that Article 12 as interpreted by Standard of Practice 12-7, provides that cooperating brokers (selling brokers) may claim to have “sold” the property and that such claims may be made by either the listing broker or the cooperating broker or by both of them upon acceptance of a purchase offer by the seller. The panel also noted that REALTOR® A could have shown that he had “participated in” or had “cooperated in” these transactions and met his ethical obligations.  The panel’s decision also indicated that during the existence of any listing, the cooperating broker’s rights to advertise and market flow from the listing broker. However, claims of this nature were not advertisements of the properties but rather were advertisements of the broker’s services. The only limitation on the ability of a cooperating broker to claim or to represent that a property had been “sold” was that the listing broker’s consent would be required before a “sold” sign could physically be placed on the seller’s property prior to closing. Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 28
  • 29. Case study Article 12 - Duty to the public Case #12-1: Absence of Name on Sign  Prospect A observed a sign on a vacant lot reading: “For Sale—Call 330- 5215.” Thinking he would be dealing with a For Sale by Owner, he called the number on the sign. He was surprised and offended that the lot was exclusively listed by REALTOR® A, and the telephone number on the sign was the home number of REALTOR-ASSOCIATE® B in REALTOR® A’s office.  Prospect A filed a complaint against REALTOR® A and REALTOR- ASSOCIATE® B. alleging a violation of Article 12 of the Code of Ethics.  At the hearing, REALTOR® A stated that he permitted REALTOR- ASSOCIATE® B to put up the sign. REALTOR-ASSOCIATE® B’s defense was that the sign was not a “formal” advertisement, such as a newspaper advertisement, business card, or billboard, to which he understood Article 12 to apply.  The Hearing Panel determined that the sign was an advertisement within the meaning of Article 12; that its use violated that Article of the Code; and that both REALTOR® A and REALTOR-ASSOCIATE® B were in violation of Article 12. Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 29
  • 30. Articles 10-15 Duties to the Public  Article 14 1. REALTORS® are to be willing participants in the Code Enforcement Procedures 1. They will not impede the Board’s investigative or disciplinary proceeding s by filing frivolous or multiple ethics complaints based on the same event or transaction Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 30
  • 31. Articles 15-17 Duties to REALTORS®  Article 15 Ensure your comments about other Real Estate professionals or their business practices are truthful and not misleading. 1. REALTORS® must not knowingly file false or unfounded ethics complaints. 2. To not knowingly make false statements regarding hearsay or rumor of another licensee in any form of media. 3. Any false statement made will be remedied through publishing a clarification of the mistake and a withdrawal of said violation. Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 31
  • 32. Case study Article 15 - Duties to REALTORS® Case #15-2: Intentional Misrepresentation of a Competitor’s Business Practices  Following a round of golf early one morning, Homeowner A approached REALTOR® X. “We’ve outgrown our home and I want to list it with you,” said Homeowner A. “I’m sorry,” said REALTOR® X, “but I represent buyers exclusively.” “Then how about REALTOR® Z?,” asked Homeowner A, “I’ve heard good things about him.” “I don’t know if I would do that,” said REALTOR® X, “while he does represent sellers, he doesn’t cooperate with buyer brokers and, as a result, sellers don’t get adequate market exposure for their properties.”  Later that day, Homeowner A repeated REALTOR® X’s remarks to his wife who happened to be a close friend of REALTOR® Z’s wife. Within hours, REALTOR® Z had been made aware of REALTOR® X’s remarks to Homeowner A earlier in the day. REALTOR® Z filed a complaint against REALTOR® X charging him with making false and misleading statements. REALTOR® Z’s complaint was considered by the Grievance Committee which determined that an ethics hearing should be held. Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 32
  • 33. Case study Article 15 - Duties to REALTORS®  At the hearing, REALTOR® Z stated, “I have no idea what REALTOR® X was thinking about when he made his comments to Homeowner A. I always cooperated with other REALTORS®.” REALTOR® X replied, “That’s not so. Last year you had a listing in the Multiple Listing Service and when I called to make an appointment to show the property to the buyer, you refused to agree to pay me.” REALTOR® Z responded that he had made a formal offer of subagency through the MLS with respect to that property but had chosen not to offer compensation to buyer agents through the MLS. He noted, however, that the fact that he had not made a blanket offer of compensation to buyer agents should not be construed as a refusal to cooperate and that he had, in fact, cooperated with REALTOR® X in the sale of that very property.  In response to REALTOR® Z’s questions, REALTOR® X acknowledged that he had shown his buyer-client REALTOR® Z’s listing and that the buyer had purchased the property. Moreover, REALTOR® X said, upon questioning by the panel members, he had no personal knowledge of any instance in which REALTOR Z had refused to cooperate with any other broker but had simply assumed that REALTOR® Z’s refusal to pay the compensation REALTOR® X had asked for was representative of a general practice on the part of REALTOR® Z. Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 33
  • 34. Case study Article 15 - Duties to REALTORS®  The Hearing Panel, in its deliberations, noted that cooperation and compensation are not synonymous and though formal, blanket offers of cooperation and compensation can be communicated through Multiple Listing Services, even where they are not, cooperation remains the norm expected of REALTORS®. However, to characterize REALTOR® Z’s refusal to pay requested compensation as a “refusal to cooperate” and to make the assumption and subsequent statement that REALTOR® Z “did not cooperate with buyer agents” was false, misleading, and not based on factual information. Consequently, REALTOR® X was found in violation of Article 15. Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 34
  • 35. Articles 15-17 Duties to REALTORS®  Article 16 Respect exclusive representation or exclusive broker relationship agreements that other Real Estate Professionals have with their clients. 1. REALTORS® may not solicit property owners who have been identified by a real estate sign, MLS, or other marketing which shows the property is in an exclusive agency relationship with another Real Estate professional until that agency relationship has expired or been withdrawn. Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 35
  • 36. Articles 15-17 Duties to REALTORS®  Article 16 2. REALTORS® may not solicit property owners who have been identified by a real estate sign, MLS, or other marketing which shows the property is in an exclusive agency relationship with another Real Estate professional. see NRS 645.635 3. REALTORS® shall not ask clients to pay more than one commission except with their informed consent. 4. Compensation will be a transaction between the Principal brokers and not through the sub agents. Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 36
  • 37. Articles 15-17 Duties to REALTORS®  Article 16 5. Signs that show the home is listed, may only be placed on the property with the consent of the seller or his representative. 6. REALTORS® shall not induce clients of another Real Estate professional to cancel any contracts in order to make them their new client. See NRS 645.635 Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 37
  • 38. Case study Article 16 - Duties to REALTORS® Case #16-2: Respect for Agency  (Revised Case #21-6 May 1988. Transferred to Article 16 November 1994.)  Client A gave a 180-day exclusive right to sell listing of a commercial property to REALTOR® B, specifying that no “for sale” sign was to be placed on the property. REALTOR® B and his sales associates started an intensive sales effort which, after three months, had produced no offer to buy. But it had called attention to the fact that Client A’s property was for sale. When REALTOR® C heard of it, he called on Client A, saying that he understood that his property was, or soon would be, for sale, and that if Client A would list the property with him exclusively, he felt confident that he could provide prompt action. Client A said the property was exclusively listed with REALTOR® B under a contract that still had about 90 days to run.  “In that case,” said REALTOR® C, “you are bound for the next 90 days to REALTOR® B. I have a really outstanding organization, constantly in touch with active buyers interested in this class of property. I am in a position to render you an exceptional service, and I will plan to call you again in 90 days or so.” Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 38
  • 39. Case study Article 16 - Duties to REALTORS®  The property remained unsold during the term of REALTOR® B’s listing contract. REALTOR® C called again on Client A and obtained his assurance that he would sign an exclusive listing of the property upon expiration of the listing contract.  When REALTOR® B called on Client A on the last day of the listing contract to seek its renewal, Client A told him of REALTOR® C’s two visits. “I was impressed by REALTOR® C’s assurance of superior service” Client A told REALTOR® B, “and in view of the fact that my listing with you produced no definite offer in the 180-day period, I have decided to give REALTOR® C a listing tomorrow.”  REALTOR® B filed a complaint with the Grievance Committee of the Board, outlined the facts, and charged that REALTOR® C’s conduct had been inconsistent with Article 16 of the Code of Ethics.  The Grievance Committee referred the matter to the Professional Standards Committee. Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 39
  • 40. Case study Article 16 - Duties to REALTORS®  At the conclusion of the hearing, the panel found that REALTOR® C had violated Article 16 by failing to respect the exclusive agency of REALTOR® B. The panel’s decision advised that REALTOR® C’s original contact with Client A, made at a time when he had no knowledge of REALTOR® B’s exclusive listing, was not in itself unethical, but that as soon as he learned of REALTOR® B’s status as the client’s exclusive agent, he should have taken an attitude of respect for the agency of another REALTOR®, and refrained from any effort to get the listing until after the expiration date of the original contract.  REALTOR® C’s attitude of regarding the client’s relationship with REALTOR® B as a kind of misfortune, of presenting his own service as superior to REALTOR® B’s, and of suggesting to the client that, having a better capacity to serve him, he could wait until REALTOR® B’s listing had expired, was, the panel said, contrary to the respect for another REALTOR®’s exclusive agency required by Article 16. Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 40
  • 41. Case study Article 16 - Duties to REALTORS®  The Hearing Panel’s decision further advised REALTOR® C that he would have conducted himself in accord with Article 16 if, upon learning of REALTOR® B’s status as exclusive agent, he had expressed his willingness to cooperate with REALTOR® B in the sale of Client A’s property. Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 41
  • 42. Articles 15-17 Duties to REALTORS  Article 17 ◦ In the event of contractual disputes between REALTORS® associated with different firms, the REALTORS® will mediate/arbitrate the dispute if the local board requires it. 1. Examples: a. Entitlement for compensation b. Procuring cause c. Unethical comments or actions Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 42
  • 43. What happens when the Code of Ethics is violated?  Only REALTORS®, REALTOR-ASSOCIATES® as members of the NAR are subject to the Code of Ethics.  Only violations of the articles can result in disciplinary action. A licensee may not be found in violation of standards of practice, only it’s founding article.  If the code of Ethics conflicts with the law, the law will take precedence.  Associations do not determine whether law or regulations have been violated. These decisions must be made by the regulatory authorities or courts. Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 43
  • 44. End-of-course Quiz  You are now ready to take the end-of-course quiz. Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 44
  • 45. End-of-course Quiz 1. There are 17 articles and 4 sections in the Code of Ethics. A. True B. False Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 45
  • 46. End-of-course Quiz 2. Only the public can file a complaint against a REALTOR®. A. True B. False Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 46
  • 47. End-of-course Quiz 3. The Code of Ethics was adopted to establish standards of conduct in the Industry. A. True B. False Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 47
  • 48. End-of-course Quiz 4. The licensee may use the REALTOR® trademark whether a member of NAR or not. A. True B. False Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 48
  • 49. End-of-course Quiz 5. The Code of Ethics requires REALTORS® to respect agency relationships that other REALTORS® have with their clients. A. True B. False Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 49
  • 50. End-of-course Quiz 6. The REALTOR® representing the seller must be careful not to say anything about the property or the price which would hard the owner’s interests. A. True B. False Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 50
  • 51. End-of-course Quiz 7. The Code of Ethics prohibits misrepresentation or exaggeration about pertinent facts regarding the property or the transaction. A. True B. False Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 51
  • 52. End-of-course Quiz 8. The Golden Rule is part of the Preamble of the Code of Ethics. A. True B. False Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 52
  • 53. End-of-course Quiz 9. The REALTOR® has an obligation to protect and promote the interests of his or her clients regardless of the effect on any other party or REALTOR® . A. True B. False Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 53
  • 54. End-of-course Quiz 10. Understanding the Fair Housing laws is an important part of being a competent REALTOR®. A. True B. False Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 54
  • 55. Ethics – The 3 R’s 3 Hours Ethics CE.5842001-RE (Classroom) Copyright 2021 Real Estate School of Nevada, Inc. All Rights Reserved. 55

Editor's Notes

  1. Read and tell licensees the objectives of this class. 5 minutes See slides
  2. Review the Handout, Realtors code of ethics, a gift of Vision
  3. Discuss Respect for the Public  Follow the “Golden Rule” – Do unto others as you would have them do unto you. Respond promptly to inquiries and requests for information.Schedule appointments and showings as far in advance as possible. Call if you are delayed or must cancel an appointment or showing. If a prospective buyer decides not to view an occupied home, promptly explain the situation to the listing broker or the occupant. Communicate with all parties in a timely fashion. When entering a property, ensure that unexpected situations, such as pets, are handled appropriately. Leave your business card if not prohibited by local rules. Never criticize property in the presence of the occupant. Inform occupants that you are leaving after showings. When showing an occupied home, always ring the doorbell or knock – and announce yourself loudly – before entering. Knock and announce yourself loudly before entering any closed room. Present a professional appearance at all times; dress appropriately and drive a clean car. If occupants are home during showings, ask their permission before using the telephone or bathroom. Encourage the clients of other brokers to direct questions to their agent or representative. Communicate clearly; don’t use jargon or slang that may not be readily understood. Be aware of and respect cultural differences. Show courtesy and respect to everyone. Be aware of – and meet – all deadlines. Promise only what you can deliver – and keep your promises. Identify your REALTOR® and your professional status in contacts with the public. Do not tell people what you think – tell them what you know. Respect for Property  Be responsible for everyone you allow to enter listed property. Never allow buyers to enter listed property unaccompanied. When showing property, keep all members of the group together. Never allow unaccompanied access to property without permission. Enter property only with permission even if you have a lockbox key or combination. When the occupant is absent, leave the property as you found it (lights, heating, cooling, drapes, etc). If you think something is amiss (e.g. vandalism) contact the listing broker immediately. Be considerate of the seller’s property. Do not allow anyone to eat, drink, smoke, dispose of trash, use bathing or sleeping facilities, or bring pets. Leave the house as you found it unless instructed otherwise. Use sidewalks; if weather is bad, take off shoes and boots inside property.
  4. Review who can and cannot use trademarks and logos Include designations here also.     NRS 645.633  Additional grounds for disciplinary action: Improper trade practices; violations of certain orders, agreements, laws and regulations; criminal offenses; other unprofessional and improper conduct; reciprocal discipline; violations relating to property management; log of complaints; reports.       1.  The Commission may take action pursuant to NRS 645.630 against any person subject to that section who is guilty of any of the following acts:      1. (a) Willfully using any trade name, service mark or insigne of membership in any real estate organization of which the licensee is not a member, without the legal right to do so Individuals who hold REALTOR® or REALTOR-ASSOCIATE® membership in a Member Board are licensed to use one or more of the MARKS in connection with their name and the name of their real estate business. REALTOR® members are licensed to use the “REALTOR®” and “REALTORS®” trademarks when identifying themselves as members of NAR and REALTOR-ASSOCIATE® members are licensed to use the “REALTOR-ASSOCIATE®” trademark when identifying themselves as members of NAR. Use of the term REALTORS® Is independent of your name and the name of your firm. The following examples show the proper use and placement of the MARKS in connection with a member’s firm name and are permitted: Proper Use Uptown Realty, Inc., REALTORS® Smith, Ltd., REALTORS® Sunshine Homes, REALTORS® Johnson Realty, REALTORS® The following examples show the improper use and placement of the MARKS in connection with a member’s firm name and are prohibited: Improper Use Uptown REALTORS®, Inc. Smith REALTORS®, Ltd. Sunshine REALTORS® Homes Johnson Realty REALTORS®
  5. The full code of ethics is located on Realtor.com, Realtor.org web sites and in the handout provided.
  6. Review and discuss the Duties owed and how agency relates to the code of ethics
  7. Agency NRS 645.254  Additional duties of licensee entering into brokerage agreement to represent client in real estate transaction.  A licensee who has entered into a brokerage agreement to represent a client in a real estate transaction:       1.  Shall exercise reasonable skill and care to carry out the terms of the brokerage agreement and to carry out his or her duties pursuant to the terms of the brokerage agreement;       2.  Shall not disclose confidential information relating to a client for 1 year after the revocation or termination of the brokerage agreement, unless he or she is required to do so pursuant to an order of a court of competent jurisdiction or is given written permission to do so by the client;       3.  Shall seek a sale, purchase, option, rental or lease of real property at the price and terms stated in the brokerage agreement or at a price acceptable to the client;       4.  Shall present all offers made to or by the client as soon as is practicable, unless the client chooses to waive the duty of the licensee to present all offers and signs a waiver of the duty on a form prescribed by the Division;       5.  Shall disclose to the client material facts of which the licensee has knowledge concerning the transaction;       6.  Shall advise the client to obtain advice from an expert relating to matters which are beyond the expertise of the licensee; and       7.  Shall account for all money and property the licensee receives in which the client may have an interest as soon as is practicable.       (Added to NRS by 1995, 2073; A 2007, 1788) review here
  8. Discuss the importance of knowing the market, your capabilities and what must be disclosed (or not) when working with the public
  9. Discuss pathways to professionalism Respect for Peers  Identify your REALTOR and professional status in all contacts with other REALTORS. Respond to other agents’ calls, faxes, and e-mails promptly and courteously. Be aware that large electronic files with attachments or lengthy faxes may be a burden on recipients. Notify the listing broker if there appears to be inaccurate information on the listing. Share important information about a property, including the presence of pets; security systems; and whether sellers will be present during the showing. Show courtesy, trust and respect to other real estate professionals. Avoid the inappropriate use of endearments or other denigrating language. Do not prospect at other REALTORS®’ open houses or similar events. Return keys promptly. Carefully replace keys in the lockbox after showings. To be successful in the business, mutual respect is essential. Real estate is a reputation business. What you do today may affect your reputation – and business – for years to come.
  10. Discuss how to conduct yourself as a REALTOR when dealing with these issues Give examples of bad behavior and good behavior   NRS 645.252  Duties of licensee acting as agent in real estate transaction.  A licensee who acts as an agent in a real estate transaction:       1.  Shall disclose to each party to the real estate transaction as soon as is practicable:       (a) Any material and relevant facts, data or information which the licensee knows, or which by the exercise of reasonable care and diligence should have known, relating to the property which is the subject of the transaction.       (b) Each source from which the licensee will receive compensation as a result of the transaction.       (c) That the licensee is a principal to the transaction or has an interest in a principal to the transaction.       (d) Except as otherwise provided in NRS 645.253, that the licensee is acting for more than one party to the transaction. If a licensee makes such a disclosure, he or she must obtain the written consent of each party to the transaction for whom the licensee is acting before he or she may continue to act in his or her capacity as an agent.
  11. Review and discuss the importance of compensation going to the broker only Discuss comingling and the problems with this.
  12. Review Fair Housing and the legal ramifications.
  13. Review and discuss “outside our area of expertise” and show examples
  14. Review and discuss the Advertising requirements Discuss puffing Painting a true picture Opinion vs fact See NRS 645.315 handout NRS 645.315  Conditions and limitations on certain advertisements; required disclosures; prohibited acts.       1.  In any advertisement through which a licensee offers to perform services for which a license is required pursuant to this chapter, the licensee shall:       (a) If the licensee is a real estate broker, disclose the name of any brokerage under which the licensee does business; or       (b) If the licensee is a real estate broker-salesperson or real estate salesperson, disclose the name of the brokerage with whom the licensee is associated.       2.  If a licensee is a real estate broker-salesperson or real estate salesperson, the licensee shall not advertise solely under the licensee’s own name when acting in the capacity as a broker-salesperson or salesperson. All such advertising must be done under the direct supervision of and in the name of the brokerage with whom the licensee is associated.       (Added to NRS by 1999, 92; A 2003, 932)
  15. Outside our area of expertiseNRS 645.315  Conditions and limitations on certain advertisements; required disclosures; prohibited acts.       1.  In any advertisement through which a licensee offers to perform services for which a license is required pursuant to this chapter, the licensee shall:       (a) If the licensee is a real estate broker, disclose the name of any brokerage under which the licensee does business; or       (b) If the licensee is a real estate broker-salesperson or real estate salesperson, disclose the name of the brokerage with whom the licensee is associated.       2.  If a licensee is a real estate broker-salesperson or real estate salesperson, the licensee shall not advertise solely under the licensee’s own name when acting in the capacity as a broker-salesperson or salesperson. All such advertising must be done under the direct supervision of and in the name of the brokerage with whom the licensee is associated.       (Added to NRS by 1999, 92; A 2003, 932) , when do we need to stop advising.
  16. discuss that this is another requirement when joining NAR and becoming a REALTOR. When becoming a member of the NAR – the agent takes an oath that they will participate in the enforcement procedures. If a local jurisdiction violation is determined to include a violation of the code of ethics, the committee or MLS board of directors may direct the imposition of sanction, provided that the recipient of such sanction may request a hearing before the professional standards committee of the association.
  17. Review case study on next slide
  18. NRS 645.635  Additional grounds for disciplinary action: Unprofessional and improper conduct relating to real estate transactions.  The Commission may take action pursuant to NRS 645.630 against any person subject to that section who is guilty of:       1.  Offering real estate for sale or lease without the knowledge and consent of the owner or the owner’s authorized agent or on terms other than those authorized by the owner or the owner’s authorized agent.       2.  Negotiating a sale, exchange or lease of real estate, or communicating after such negotiations but before closing, directly with a client if the person knows that the client has a brokerage agreement in force in connection with the property granting an exclusive agency, including, without limitation, an exclusive right to sell to another broker, unless permission in writing has been obtained from the other broker.       3.  Failure to deliver within a reasonable time a completed copy of any purchase agreement or offer to buy or sell real estate to the purchaser or to the seller, except as otherwise provided in subsection 4 of NRS 645.254.       4.  Failure to deliver to the seller in each real estate transaction, within 10 business days after the transaction is closed, a complete, detailed closing statement showing all of the receipts and disbursements handled by him or her for the seller, failure to deliver to the buyer a complete statement showing all money received in the transaction from the buyer and how and for what it was disbursed, or failure to retain true copies of those statements in his or her files. The furnishing of those statements by an escrow holder relieves the broker’s, broker-salesperson’s or salesperson’s responsibility and must be deemed to be in compliance with this provision.       5.  Representing to any lender, guaranteeing agency or any other interested party, verbally or through the preparation of false documents, an amount in excess of the actual sale price of the real estate or terms differing from those actually agreed upon.       6.  Failure to produce any document, book or record in his or her possession or under his or her control, concerning any real estate transaction under investigation by the Division.       7.  Failure to reduce a bona fide offer to writing where a proposed purchaser requests that it be submitted in writing, except as otherwise provided in subsection 4 of NRS 645.254.       8.  Failure to submit all written bona fide offers to a seller when the offers are received before the seller accepts an offer in writing and until the broker has knowledge of that acceptance, except as otherwise provided in subsection 4 of NRS 645.254.       9.  Refusing because of race, color, national origin, sex or ethnic group to show, sell or rent any real estate for sale or rent to qualified purchasers or renters.       10.  Knowingly submitting any false or fraudulent appraisal to any financial institution or other interested person.       11.  Any violation of NRS 645C.557.       (Added to NRS by 1979, 1533; A 1985, 1270; 1995, 2077; 2001, 2895; 2007, 1789; 2009, 1509)
  19.       NRS 645.635  Additional grounds for disciplinary action: Unprofessional and improper conduct relating to real estate transactions.  The Commission may take action pursuant to NRS 645.630 against any person subject to that section who is guilty of:       1.  Offering real estate for sale or lease without the knowledge and consent of the owner or the owner’s authorized agent or on terms other than those authorized by the owner or the owner’s authorized agent.       2.  Negotiating a sale, exchange or lease of real estate, or communicating after such negotiations but before closing, directly with a client if the person knows that the client has a brokerage agreement in force in connection with the property granting an exclusive agency, including, without limitation, an exclusive right to sell to another broker, unless permission in writing has been obtained from the other broker.
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