The document discusses different types of listing agreements that can be used between real estate brokers and property owners. It provides details on open listings, net listings, exclusive agency listings, and exclusive right to sell listings. The most commonly used type is the exclusive right to sell listing, as it guarantees the listing broker will receive a commission no matter who sells the property. The document also outlines the typical steps and components involved in completing a listing agreement and presentation for a property.
This document provides an overview of a commercial real estate ethics training presentation. It discusses:
1) Part 1 defines ethics and discusses how ethics come from one's environment and learned behavior. It also addresses varying degrees of oversight and regulations related to ethics.
2) Part 2 reviews regulations from the Department of Labor Licensing and Regulations (DLLR) and the National Association of Realtors Code of Ethics. It discusses how to file an ethics complaint.
3) Part 3 defines predatory lending and flipping, and discusses understanding mortgage fraud through included video links.
This document discusses the delays that often occur when dealing with foreclosures and short sales in real estate. It notes that "time is of the essence" contracts do not always apply in this context due to overwhelmed lenders. The document outlines one agent's experience over several months submitting multiple offers for a client that were declined or resulted in long waits for responses from lenders. It recommends setting realistic timelines upfront and discussing commissions carefully given the unpredictability of short sale and foreclosure timelines.
This document discusses representing clients in short sales and the obstacles that may arise. It provides information on:
1) Common reasons homeowners face financial hardship and need to pursue a short sale, such as job loss, interest rate adjustments, or overstating income.
2) The role of real estate agents in counseling clients, communicating with lenders, creating net sheets and short sale packages to secure lender approval.
3) Contents of a short sale package including hardship letters, CMAs, income documentation, and the disclosure process.
4) Contract procedures and addendums when making an offer on a short sale contingent on lender approval.
This document discusses various aspects of real estate agency relationships and duties. It covers topics like dual agency, limited representation, disclosure requirements, and termination of agency. It also warns of potential issues with dual agency like conflicts of interest that could lead to legal claims from clients. Overall, the document provides an overview of important legal and ethical considerations regarding agency in real estate transactions.
The document discusses different types of listing agreements that can be used between real estate brokers and property owners. It provides details on open listings, net listings, exclusive agency listings, and exclusive right to sell listings. The most commonly used type is the exclusive right to sell listing, as it guarantees the listing broker will receive a commission no matter who sells the property. The document also outlines the typical steps and components involved in completing a listing agreement and presentation for a property.
This document provides an overview of a commercial real estate ethics training presentation. It discusses:
1) Part 1 defines ethics and discusses how ethics come from one's environment and learned behavior. It also addresses varying degrees of oversight and regulations related to ethics.
2) Part 2 reviews regulations from the Department of Labor Licensing and Regulations (DLLR) and the National Association of Realtors Code of Ethics. It discusses how to file an ethics complaint.
3) Part 3 defines predatory lending and flipping, and discusses understanding mortgage fraud through included video links.
This document discusses the delays that often occur when dealing with foreclosures and short sales in real estate. It notes that "time is of the essence" contracts do not always apply in this context due to overwhelmed lenders. The document outlines one agent's experience over several months submitting multiple offers for a client that were declined or resulted in long waits for responses from lenders. It recommends setting realistic timelines upfront and discussing commissions carefully given the unpredictability of short sale and foreclosure timelines.
This document discusses representing clients in short sales and the obstacles that may arise. It provides information on:
1) Common reasons homeowners face financial hardship and need to pursue a short sale, such as job loss, interest rate adjustments, or overstating income.
2) The role of real estate agents in counseling clients, communicating with lenders, creating net sheets and short sale packages to secure lender approval.
3) Contents of a short sale package including hardship letters, CMAs, income documentation, and the disclosure process.
4) Contract procedures and addendums when making an offer on a short sale contingent on lender approval.
This document discusses various aspects of real estate agency relationships and duties. It covers topics like dual agency, limited representation, disclosure requirements, and termination of agency. It also warns of potential issues with dual agency like conflicts of interest that could lead to legal claims from clients. Overall, the document provides an overview of important legal and ethical considerations regarding agency in real estate transactions.
Ethics for real estate agents (Oregon) 2021 Class OutlineBen Matson
This document outlines an ethics course for real estate agents in Oregon. It covers the foundation of ethics including relevant laws, standards, and oversight bodies. Major topics of the course include ethical conduct regarding clients and customers, prohibited misrepresentations and conflicts of interest. The duties of real estate agents to the public and other agents are also examined, including fair housing, competent services, advertising and cooperation in professional standards hearings. The appendix reprints the National Association of Realtors' Code of Ethics which establishes duties to clients, the public, and other real estate professionals.
This document summarizes an industry conference presentation about escrow and foreclosing properties. It discusses facts and figures about foreclosures in 2008 and 2009 nationally and in Arizona. It covers topics like pre-foreclosure options for homeowners, short sales, and details about working with foreclosed and REO properties. The presentation includes a question and answer session about these topics.
This document provides guidance on successful real estate settlements. It discusses utilizing checklists and timelines to track transactions. It emphasizes providing service beyond basic requirements. Sections cover listing properties, evaluating sellers' positions, contract reviews, buyer and seller services, home inspections, working with appraisers, troubleshooting issues, and conducting settlements. The document stresses proper contract writing, clear communication between all parties, and addressing potential challenges that may arise.
My Home Buyers Guide is a valuable tool prepared to help you understand the complex process of buying a home in today’s market. My commitment is to put my extensive professional, technological and networking resources to work, in your best interest, to help you purchase the right home.
The document discusses the benefits of obtaining a "Key-Card" from L&G Mortgagebanc, which verifies a buyer's approval for a mortgage loan before showing them homes. It notes that 16% of real estate deals fail due to mortgage issues and 26% of conditional approvals are invalid. The Key-Card gives buyers a stronger offer, saving money and reducing stress. Real estate agents who provide the Key-Card are seen as more valuable and will retain loyal clients.
On June 12, 2012, VAR hosted a live webinar to walk members through the 2012 changes to VA real estate agency law. This is the presentation we used. For the full story on the 2012 changes, check out http://www.VARealtor.com/Agency to access articles, videos, and more.
This document outlines the four step process for listing a property for sale. It details the necessary forms and documents, including:
1. Listing agreement, agency disclosure, and seller's advisory that must be signed by the seller and agent.
2. Additional forms filled out by the agent like an MLS sheet and sign order.
3. Disclosure forms that must be signed by the seller before receiving offers, including transfer disclosure, lead paint, and natural hazards documents.
4. Documents received with an offer like the purchase agreement, buyer's inspection advisory, and agency disclosures that must be signed by both parties.
This document provides information and standard terms for a Contract of Purchase and Sale for real estate. It begins with copyright information for the form.
Section 1 provides 3 sentences on recommended procedures for completing the sale to ensure the seller receives funds on the agreed upon completion date. It advises the buyer to pay funds and sign documents at least 2 days before completion, and the seller to return signed documents by the morning before completion.
Section 2 notes the real estate brokerage must hold deposits from the transaction as a stakeholder according to the Real Estate Services Act, and cannot release the funds without written agreement from both parties.
This document provides an outline for a training course on real estate agency law in Maryland. It covers topics like the common law of agency, the duties of agents to principals including loyalty and disclosure, different types of agency relationships like subagency and dual agency, remedies for breaches of fiduciary duties, and obligations of agents to non-principals. The training will be held at the MREC Agency-Commercial office in Wheaton, Maryland and participants are expected to sign in, be on time, ask questions politely, and not use electronics during the session.
This document provides an overview of Matthew Rathbun's real estate services and qualifications. It includes sections on checklists and timelines for buyers and sellers, preparing homes for sale, common property issues like mold and lead paint, and the importance of thorough inspections. The document emphasizes utilizing checklists to stay organized and providing full disclosure to help guide clients through every step of the real estate transaction.
The best way to prepare for the contract phase of the transaction as a buyer is to review a blank copy of the purchase contract. Reading the contract prior to making an offer will make you much more comfortable during the negotiation phase.
This document provides consumers with information about real estate licensee relationships and responsibilities. It explains that licensees can act as seller agents, buyer agents, dual agents, or transaction licensees. Regardless of the relationship, all licensees must act with reasonable care, deal honestly, present all offers/communications, and disclose conflicts of interest. Consumers should acknowledge receiving this form, and licensees should provide it during the initial interview.
Buying Your Home Selttlement Costs and Helpful InformationMadonna Hartley
From The US Department of Housing and Urban Development-HUD.Obtaining a mortgage,settlement costs,defination of terms and other need to know information for the informed consumer.
Do You Need Help Getting Out of a Timeshare?
Timeshare contracts don't have to burden you forever. During our free event, real estate lawyers will show you how timeshare owners have gotten out of their sales contracts.
Timeshare Cancellation, Termination & Modification
Learn how it's possible to cancel, terminate or modify your sales contract. Regardless of what resort developers tell you, they do let timeshare owners out of their contracts. Developers frequently breach their own contracts and engage in fraudulent activities. Learn how a developer's actions can give you a way out.
Deception
Has the resort told you that you can't make a reservation? Have they told you that you can't rent your week? Are you paying hidden costs or higher fees? Timeshare owners face many surprises after the sales presentation. We'll explain your options.
Sales
The timeshare resale industry is rife with unscrupulous businesses. Resale scams require sellers to pay expensive upfront junk fees. Learn how not to become a victim of these fraudsters.
Dealing with Runaway Maintenance Fees
On average, timeshare maintenance fees increase 8% per year. You might even get stuck paying other costs and assessments as time goes on. The sales team probably didn't tell you about these hidden expenses and fee increases. We'll explain how you can seek relief from this costly headache.
Estate Plan
If you've decided to keep your timeshare, then the next step is creating an estate plan. Timeshare contracts are "in perpetuity," and your heirs will have to continue paying maintenances fees and other costs. Learn how to dispose of your timeshare to prevent your heirs from inheriting the extra expenses.
This document is an advisory for properties being sold by lenders after foreclosure. It summarizes exemptions and requirements for the seller. The seller is exempt from providing certain disclosures but is still required to disclose known material facts affecting the property's value. The seller must also disclose information about earthquake zones, smoke detectors, water heaters, and lead paint. The sale is not exempt from state requirements for carbon monoxide devices or tax withholding obligations. Brokers still have obligations to conduct inspections and provide agency disclosures.
This document discusses home inspections from the perspective of both buyers and sellers. It outlines the various types of inspections, including pre-purchase inspections for buyers, pre-listing inspections for sellers, new construction inspections, and commercial property inspections. Benefits of inspections include identifying issues, setting realistic prices, and making informed decisions. The document also provides tips for choosing a qualified home inspector, such as checking for licenses and insurance.
Ethics for real estate agents (Oregon) 2021 Class OutlineBen Matson
This document outlines an ethics course for real estate agents in Oregon. It covers the foundation of ethics including relevant laws, standards, and oversight bodies. Major topics of the course include ethical conduct regarding clients and customers, prohibited misrepresentations and conflicts of interest. The duties of real estate agents to the public and other agents are also examined, including fair housing, competent services, advertising and cooperation in professional standards hearings. The appendix reprints the National Association of Realtors' Code of Ethics which establishes duties to clients, the public, and other real estate professionals.
This document summarizes an industry conference presentation about escrow and foreclosing properties. It discusses facts and figures about foreclosures in 2008 and 2009 nationally and in Arizona. It covers topics like pre-foreclosure options for homeowners, short sales, and details about working with foreclosed and REO properties. The presentation includes a question and answer session about these topics.
This document provides guidance on successful real estate settlements. It discusses utilizing checklists and timelines to track transactions. It emphasizes providing service beyond basic requirements. Sections cover listing properties, evaluating sellers' positions, contract reviews, buyer and seller services, home inspections, working with appraisers, troubleshooting issues, and conducting settlements. The document stresses proper contract writing, clear communication between all parties, and addressing potential challenges that may arise.
My Home Buyers Guide is a valuable tool prepared to help you understand the complex process of buying a home in today’s market. My commitment is to put my extensive professional, technological and networking resources to work, in your best interest, to help you purchase the right home.
The document discusses the benefits of obtaining a "Key-Card" from L&G Mortgagebanc, which verifies a buyer's approval for a mortgage loan before showing them homes. It notes that 16% of real estate deals fail due to mortgage issues and 26% of conditional approvals are invalid. The Key-Card gives buyers a stronger offer, saving money and reducing stress. Real estate agents who provide the Key-Card are seen as more valuable and will retain loyal clients.
On June 12, 2012, VAR hosted a live webinar to walk members through the 2012 changes to VA real estate agency law. This is the presentation we used. For the full story on the 2012 changes, check out http://www.VARealtor.com/Agency to access articles, videos, and more.
This document outlines the four step process for listing a property for sale. It details the necessary forms and documents, including:
1. Listing agreement, agency disclosure, and seller's advisory that must be signed by the seller and agent.
2. Additional forms filled out by the agent like an MLS sheet and sign order.
3. Disclosure forms that must be signed by the seller before receiving offers, including transfer disclosure, lead paint, and natural hazards documents.
4. Documents received with an offer like the purchase agreement, buyer's inspection advisory, and agency disclosures that must be signed by both parties.
This document provides information and standard terms for a Contract of Purchase and Sale for real estate. It begins with copyright information for the form.
Section 1 provides 3 sentences on recommended procedures for completing the sale to ensure the seller receives funds on the agreed upon completion date. It advises the buyer to pay funds and sign documents at least 2 days before completion, and the seller to return signed documents by the morning before completion.
Section 2 notes the real estate brokerage must hold deposits from the transaction as a stakeholder according to the Real Estate Services Act, and cannot release the funds without written agreement from both parties.
This document provides an outline for a training course on real estate agency law in Maryland. It covers topics like the common law of agency, the duties of agents to principals including loyalty and disclosure, different types of agency relationships like subagency and dual agency, remedies for breaches of fiduciary duties, and obligations of agents to non-principals. The training will be held at the MREC Agency-Commercial office in Wheaton, Maryland and participants are expected to sign in, be on time, ask questions politely, and not use electronics during the session.
This document provides an overview of Matthew Rathbun's real estate services and qualifications. It includes sections on checklists and timelines for buyers and sellers, preparing homes for sale, common property issues like mold and lead paint, and the importance of thorough inspections. The document emphasizes utilizing checklists to stay organized and providing full disclosure to help guide clients through every step of the real estate transaction.
The best way to prepare for the contract phase of the transaction as a buyer is to review a blank copy of the purchase contract. Reading the contract prior to making an offer will make you much more comfortable during the negotiation phase.
This document provides consumers with information about real estate licensee relationships and responsibilities. It explains that licensees can act as seller agents, buyer agents, dual agents, or transaction licensees. Regardless of the relationship, all licensees must act with reasonable care, deal honestly, present all offers/communications, and disclose conflicts of interest. Consumers should acknowledge receiving this form, and licensees should provide it during the initial interview.
Buying Your Home Selttlement Costs and Helpful InformationMadonna Hartley
From The US Department of Housing and Urban Development-HUD.Obtaining a mortgage,settlement costs,defination of terms and other need to know information for the informed consumer.
Do You Need Help Getting Out of a Timeshare?
Timeshare contracts don't have to burden you forever. During our free event, real estate lawyers will show you how timeshare owners have gotten out of their sales contracts.
Timeshare Cancellation, Termination & Modification
Learn how it's possible to cancel, terminate or modify your sales contract. Regardless of what resort developers tell you, they do let timeshare owners out of their contracts. Developers frequently breach their own contracts and engage in fraudulent activities. Learn how a developer's actions can give you a way out.
Deception
Has the resort told you that you can't make a reservation? Have they told you that you can't rent your week? Are you paying hidden costs or higher fees? Timeshare owners face many surprises after the sales presentation. We'll explain your options.
Sales
The timeshare resale industry is rife with unscrupulous businesses. Resale scams require sellers to pay expensive upfront junk fees. Learn how not to become a victim of these fraudsters.
Dealing with Runaway Maintenance Fees
On average, timeshare maintenance fees increase 8% per year. You might even get stuck paying other costs and assessments as time goes on. The sales team probably didn't tell you about these hidden expenses and fee increases. We'll explain how you can seek relief from this costly headache.
Estate Plan
If you've decided to keep your timeshare, then the next step is creating an estate plan. Timeshare contracts are "in perpetuity," and your heirs will have to continue paying maintenances fees and other costs. Learn how to dispose of your timeshare to prevent your heirs from inheriting the extra expenses.
This document is an advisory for properties being sold by lenders after foreclosure. It summarizes exemptions and requirements for the seller. The seller is exempt from providing certain disclosures but is still required to disclose known material facts affecting the property's value. The seller must also disclose information about earthquake zones, smoke detectors, water heaters, and lead paint. The sale is not exempt from state requirements for carbon monoxide devices or tax withholding obligations. Brokers still have obligations to conduct inspections and provide agency disclosures.
This document discusses home inspections from the perspective of both buyers and sellers. It outlines the various types of inspections, including pre-purchase inspections for buyers, pre-listing inspections for sellers, new construction inspections, and commercial property inspections. Benefits of inspections include identifying issues, setting realistic prices, and making informed decisions. The document also provides tips for choosing a qualified home inspector, such as checking for licenses and insurance.
Similar to Ethics - The 3 R's.pptxEthics - The 3 R's.pptx (20)
The document discusses methods of determining property value, including the market data approach using comparable sales, the cost approach involving replacement cost and depreciation, and the income approach using net operating income and capitalization rates. It provides details on key valuation concepts like highest and best use, supply and demand, and methods like paired sales analysis. Appraisers consider factors like demand, utility, scarcity, and transferability when assessing a property's value.
The document discusses various topics related to real estate ownership and leasing, including:
- Forms of ownership such as sole ownership, joint tenancy, tenancy by the entirety, and ownership by corporations or partnerships.
- Freehold estates like fee simple and life estates.
- Types of leases for real estate like estates for years, periodic tenancies, and estates at will or sufferance.
- Issues addressed in lease agreements and different payment structures for commercial leases.
- Rights and responsibilities regarding leasehold improvements, trade fixtures, and lease options.
- The document outlines various policies regarding registering for and attending real estate classes, including a 10 minute grace period for entering late, a 10 minute cancellation window, and dress code requirements. It notes that registering for both morning and evening classes on the same day is not allowed and both seats will be canceled if no contact is made. It also states that missing more than 2 days of class will result in the rest of your seats being canceled.
This presentation was provided by Steph Pollock of The American Psychological Association’s Journals Program, and Damita Snow, of The American Society of Civil Engineers (ASCE), for the initial session of NISO's 2024 Training Series "DEIA in the Scholarly Landscape." Session One: 'Setting Expectations: a DEIA Primer,' was held June 6, 2024.
How to Fix the Import Error in the Odoo 17Celine George
An import error occurs when a program fails to import a module or library, disrupting its execution. In languages like Python, this issue arises when the specified module cannot be found or accessed, hindering the program's functionality. Resolving import errors is crucial for maintaining smooth software operation and uninterrupted development processes.
Reimagining Your Library Space: How to Increase the Vibes in Your Library No ...Diana Rendina
Librarians are leading the way in creating future-ready citizens – now we need to update our spaces to match. In this session, attendees will get inspiration for transforming their library spaces. You’ll learn how to survey students and patrons, create a focus group, and use design thinking to brainstorm ideas for your space. We’ll discuss budget friendly ways to change your space as well as how to find funding. No matter where you’re at, you’ll find ideas for reimagining your space in this session.
How to Make a Field Mandatory in Odoo 17Celine George
In Odoo, making a field required can be done through both Python code and XML views. When you set the required attribute to True in Python code, it makes the field required across all views where it's used. Conversely, when you set the required attribute in XML views, it makes the field required only in the context of that particular view.
How to Add Chatter in the odoo 17 ERP ModuleCeline George
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A workshop hosted by the South African Journal of Science aimed at postgraduate students and early career researchers with little or no experience in writing and publishing journal articles.
A review of the growth of the Israel Genealogy Research Association Database Collection for the last 12 months. Our collection is now passed the 3 million mark and still growing. See which archives have contributed the most. See the different types of records we have, and which years have had records added. You can also see what we have for the future.
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Odoo provides an option for creating a module by using a single line command. By using this command the user can make a whole structure of a module. It is very easy for a beginner to make a module. There is no need to make each file manually. This slide will show how to create a module using the scaffold method.
How to Build a Module in Odoo 17 Using the Scaffold Method
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
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.”
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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.
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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.
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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.
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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
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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.
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44. End-of-course Quiz
You are now ready to take the end-of-course quiz.
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45. End-of-course Quiz
1. There are 17 articles and 4 sections in the Code of
Ethics.
A. True
B. False
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46. End-of-course Quiz
2. Only the public can file a complaint against a
REALTOR®.
A. True
B. False
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47. End-of-course Quiz
3. The Code of Ethics was adopted to establish standards
of conduct in the Industry.
A. True
B. False
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48. End-of-course Quiz
4. The licensee may use the REALTOR® trademark
whether a member of NAR or not.
A. True
B. False
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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
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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
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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
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52. End-of-course Quiz
8. The Golden Rule is part of the Preamble of the Code
of Ethics.
A. True
B. False
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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
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54. End-of-course Quiz
10. Understanding the Fair Housing laws is an
important part of being a competent REALTOR®.
A. True
B. False
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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
Read and tell licensees the objectives of this class. 5 minutes
See slides
Review the Handout, Realtors code of ethics, a gift of Vision
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.
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 UseUptown 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 UseUptown REALTORS®, Inc.Smith REALTORS®, Ltd.Sunshine REALTORS® HomesJohnson Realty REALTORS®
The full code of ethics is located on Realtor.com, Realtor.org web sites and in the handout provided.
Review and discuss the Duties owed and how agency relates to the code of ethics
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
Discuss the importance of knowing the market, your capabilities and what must be disclosed (or not) when working with the public
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.
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.
Review and discuss the importance of compensation going to the broker only
Discuss comingling and the problems with this.
Review Fair Housing and the legal ramifications.
Review and discuss “outside our area of expertise” and show examples
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)
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.
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.
Review case study on next slide
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)
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.
Draw conclusions of this slide, ask for questions and discussion
Draw conclusions of this slide, ask for questions and discussion
Draw conclusions of this slide, ask for questions and discussion
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Draw conclusions of this slide, ask for questions and discussion
Draw conclusions of this slide, ask for questions and discussion
Draw conclusions of this slide, ask for questions and discussion
Draw conclusions of this slide, ask for questions and discussion
Draw conclusions of this slide, ask for questions and discussion
Draw conclusions of this slide, ask for questions and discussion
Draw conclusions of this slide, ask for questions and discussion