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REALTOR® CODE OF ETHICS



        A C E N T U RY OF C OM M I T M E N T TO
  E X C E L L E N C E I N R E A L E S TAT E P R A C T I C E
In 2008, the National Association of
                  REALTORS® celebrated 100 years of
A Century of      consumer protection and education of
Pride and         REALTOR® members.
Professionalism
                  In 1913, the REALTOR®
                  Code of Ethics was adopted in
                  Winnipeg, Canada
 a primary reason for NAR’s formation
Why                 was the establishment of ethical
the Code Exists     standards
                   no license laws or regulations for real
                    estate professionals existed 100
                    years ago
                   buyers and sellers had to be careful of
                    unethical and self-serving real estate
                    dealers
 NAR’s founders believed that
Why
                   brokerage must:
the Code Exists
                      be organized
                      be regulated
                      hold its members to high standards
                   NAR’s founders wanted these high
                   standards enforced to protect buyers
                   and sellers
The First Code    contained 23 Articles
of Ethics 1913    set forth duties to other brokers and
                   clients
                  many of the original Articles remain
                   essentially unchanged, e.g., the
                   concept of cooperation and resolving
                   disputes through arbitration
The Code   The Code is a living, growing (and
Changes    sometimes shrinking) document.
            First Code: 23 Articles
            Current Code: 17 Articles
            Longest Code: 36 Articles (1915)
            Shortest Code: 17 Articles (currently,
             since 1994)
            Undergoes continuous review and
             scrutiny
            Code has been amended approx. 40
             times since 1913
Structure of the    Preamble (aspirational)
Code of Ethics      Three sections
                      Duties to clients and customers
                      Duties to the public

                      Duties to other REALTORS®

                    17 Articles (enforceable)
                    88 Standards of Practice
 Code represents a “gift of vision”
                            of professionalism
The Code’s
Preamble                   the “Golden Rule”
                           private ownership of land
“Under all is the land”
                            indispensable to a viable
                            democracy and prosperous
                            society
                           common responsibility for
                            integrity and honor
Structure of the   17 Articles
Code of Ethics      each section is comprised of
                     Articles – broad statements of
                     ethical principles
                    only Articles of the Code may be
                     alleged to have been violated. A
                     REALTOR® may only be
                     disciplined for violating an Article.
Structure of the   Standards of Practice
Code of Ethics      support, interpret, and amplify
                     each Article
                    may not be alleged to have been
                     violated, but may be cited in
                     support of an alleged violation of
                     an Article
Basic Principles   Article 1:
of the             Protect and promote your client’s
Code of Ethics
                   interests, but be honest with all
                   parties.
Basic Principles   Article 2:
of the             Avoid exaggeration,
Code of Ethics
                   misrepresentation, and
                   concealment of pertinent facts.
                   Do not reveal facts that are
                   confidential under the scope of your
                   agency relationship.
Basic Principles   Article 3:
of the             Cooperate with other real estate
Code of Ethics
                   professionals to advance your
                   client’s best interests.
Basic Principles   Article 4:
of the             When buying for yourself,
Code of Ethics
                   immediate family, your firm, or
                   any member thereof, make your
                   true position in the transaction
                   known to the owner or owner’s
                   broker.
Basic Principles   Article 4 (continued):
of the             When selling property you own,
Code of Ethics
                   or in which you have a legal
                   interest, reveal your ownership
                   or interest in writing to the
                   purchaser or purchaser’s
                   representative.
Basic Principles   Article 5:
of the             Disclose your present or
Code of Ethics
                   contemplated interest in any
                   property to all parties.
Basic Principles   Article 6:
of the             Avoid side deals without your
Code of Ethics
                   client’s informed consent.
                   When recommending real estate
                   products or services, disclose any
                   financial benefit or fee you will
                   receive as a result of the
                   recommendation.
Basic Principles   Article 7:
of the             Accept compensation from only one
Code of Ethics
                   party, except with full disclosure to
                   all parties and the informed consent
                   of your client(s).
Basic Principles   Article 8:
of the             Keep the funds of clients and
Code of Ethics
                   customers in a special account in
                   an appropriate financial institution,
                   separate from your own money.
Basic Principles   Article 9:
of the             Assure, whenever possible, that
Code of Ethics
                   transactional details are in
                   writing, in clear and
                   understandable language.
                   Provide a copy of each
                   agreement to each party upon
                   their signing or initialing.
Basic Principles   Article 10:
of the             Provide equal service to all clients
Code of Ethics
                   and customers.
                   Do not discriminate in your
                   employment practices against any
                   person on the basis of race, color,
                   religion, sex, handicap, familial
                   status, national origin, or sexual
                   orientation.
Basic Principles   Article 11:
of the             Be knowledgeable and competent
Code of Ethics
                   in the fields of practice in which you
                   ordinarily engage. Obtain
                   assistance or disclose lack of
                   experience, if necessary.
Basic Principles   Article 12:
of the             Communicate honestly in all of your
Code of Ethics
                   real estate communications.
                   Present a true picture in your
                   advertising, marketing and all
                   representations.
Basic Principles   Article 13:
of the             Do not engage in the unauthorized
Code of Ethics
                   practice of law. Recommend that
                   legal counsel be obtained when the
                   interest of any party to the
                   transaction requires it.
Basic Principles   Article 14:
of the             Place all pertinent facts before the
Code of Ethics
                   proper tribunal:
                    grievance committee functions
                     like a grand jury
                    hearing panel functions like a
                     judge and jury
                    board of directors functions like
                     an appellate body
Basic Principles   Article 14 (continued):
of the             Be a willing participant in Code
Code of Ethics
                   enforcement procedures.
                   Take no action to disrupt or
                   obstruct the Code enforcement
                   process.
Basic Principles   Article 15:
of the             Ensure that your comments
Code of Ethics
                   about other real estate
                   professionals are truthful, and
                   not misleading. Make no false
                   or misleading statements about
                   other real estate professionals,
                   their businesses or their
                   business practices.
Basic Principles   Article 16:
of the             Respect the exclusive
Code of Ethics
                   representation or exclusive
                   brokerage relationship agreements
                   that other REALTORS® have with
                   their clients.
Basic Principles   Article 17:
of the             Arbitrate and mediate contractual
Code of Ethics
                   and specific non-contractual
                   disputes (see Standard of Practice
                   17-4) with other REALTORS® and
                   with your clients.
 The “blueprint” for administering the

How the Code is        professional standards process to
Enforced:              enforce the Code and resolve
Code of Ethics and
Arbitration Manual     financial disputes between
                       REALTORS®
                      Features Case Interpretations – fact
                       situations to which each Article and/or
                       Standard of Practice are applied.
How the Code is Enforced:
               Professional Standards Process


  Ethics Complaint             Staff            Arbitration Request



  Dismiss or refer for                            Dismiss or refer for
                         Grievance Committee
  hearing (with or                                hearing on mandatory
  without amending)                               or voluntary basis

                           Hearing Panel



Affirm if no appeal;       Board of Directors     After hearing, award is
otherwise hear appeal.                            final, if no procedural
                                                  review requested
 Letter of Warning
                 Letter of Reprimand
How the Code
is Enforced:     Education
Authorized       Fine not to exceed $5,000
Hearing Panel
                 Probation for 1 year or less
Discipline
                 Suspension for not less than 30
                  days nor more than one year
                 Expulsion from membership for a
                  period of 1 to 3 years
                 Suspension or termination of MLS
                  privileges
REALTOR® Code of Ethics Centennial:
     A Century of Pride and
        Professionalism


                   For the last 100 years,
             t h e R E A LT O R ® C o d e o f E t h i c s
                  has held members of the
                  National Association to a
             higher criterion of excellence,
   reaffirming their commitment to encouraging and
           protecting property ownership and
      ensuring wise stewardship of our nation’s
                    land and resources.
REALTOR® Code of Ethics Centennial:
     A Century of Pride and
        Professionalism


  I n i t s s e c o n d c e n t u r y, t h e C o d e w i l l
  continue to adapt to the needs of a
        vibrant, professional, ethical
  real estate community and continue
      t o d i s t i n g u i s h R E A LTO R S ® a n d
       t h e i r c o m m i t m e n t t o i n t e g r i t y.
REALTOR® Code of Ethics Centennial:
     A Century of Pride and
        Professionalism


      For more information on how you can
    celebrate the Code of Ethics Centennial,
                               please visit
       h t t p : / / w w w . r e a l t o r. o r g / c o e c e n t e n n i a l
  Or contact the Member Policy Department at
   t h e N a t i o n a l A s s o c i a t i o n o f R E A LT O R S ® :
   Te l e p h o n e : 8 0 0 - 8 7 4 - 6 5 0 0 , e x t e n s i o n 8 3 9 9
        E m a i l : M e m b e r _ p o l i c y @ r e a l t o r. o r g

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REALTOR® Code of Ethics Centennial Overview

  • 1. REALTOR® CODE OF ETHICS A C E N T U RY OF C OM M I T M E N T TO E X C E L L E N C E I N R E A L E S TAT E P R A C T I C E
  • 2. In 2008, the National Association of REALTORS® celebrated 100 years of A Century of consumer protection and education of Pride and REALTOR® members. Professionalism In 1913, the REALTOR® Code of Ethics was adopted in Winnipeg, Canada
  • 3.  a primary reason for NAR’s formation Why was the establishment of ethical the Code Exists standards  no license laws or regulations for real estate professionals existed 100 years ago  buyers and sellers had to be careful of unethical and self-serving real estate dealers
  • 4.  NAR’s founders believed that Why brokerage must: the Code Exists  be organized  be regulated  hold its members to high standards  NAR’s founders wanted these high standards enforced to protect buyers and sellers
  • 5. The First Code  contained 23 Articles of Ethics 1913  set forth duties to other brokers and clients  many of the original Articles remain essentially unchanged, e.g., the concept of cooperation and resolving disputes through arbitration
  • 6. The Code The Code is a living, growing (and Changes sometimes shrinking) document.  First Code: 23 Articles  Current Code: 17 Articles  Longest Code: 36 Articles (1915)  Shortest Code: 17 Articles (currently, since 1994)  Undergoes continuous review and scrutiny  Code has been amended approx. 40 times since 1913
  • 7. Structure of the  Preamble (aspirational) Code of Ethics  Three sections  Duties to clients and customers  Duties to the public  Duties to other REALTORS®  17 Articles (enforceable)  88 Standards of Practice
  • 8.  Code represents a “gift of vision” of professionalism The Code’s Preamble  the “Golden Rule”  private ownership of land “Under all is the land” indispensable to a viable democracy and prosperous society  common responsibility for integrity and honor
  • 9. Structure of the 17 Articles Code of Ethics  each section is comprised of Articles – broad statements of ethical principles  only Articles of the Code may be alleged to have been violated. A REALTOR® may only be disciplined for violating an Article.
  • 10. Structure of the Standards of Practice Code of Ethics  support, interpret, and amplify each Article  may not be alleged to have been violated, but may be cited in support of an alleged violation of an Article
  • 11. Basic Principles Article 1: of the Protect and promote your client’s Code of Ethics interests, but be honest with all parties.
  • 12. Basic Principles Article 2: of the Avoid exaggeration, Code of Ethics misrepresentation, and concealment of pertinent facts. Do not reveal facts that are confidential under the scope of your agency relationship.
  • 13. Basic Principles Article 3: of the Cooperate with other real estate Code of Ethics professionals to advance your client’s best interests.
  • 14. Basic Principles Article 4: of the When buying for yourself, Code of Ethics immediate family, your firm, or any member thereof, make your true position in the transaction known to the owner or owner’s broker.
  • 15. Basic Principles Article 4 (continued): of the When selling property you own, Code of Ethics or in which you have a legal interest, reveal your ownership or interest in writing to the purchaser or purchaser’s representative.
  • 16. Basic Principles Article 5: of the Disclose your present or Code of Ethics contemplated interest in any property to all parties.
  • 17. Basic Principles Article 6: of the Avoid side deals without your Code of Ethics client’s informed consent. When recommending real estate products or services, disclose any financial benefit or fee you will receive as a result of the recommendation.
  • 18. Basic Principles Article 7: of the Accept compensation from only one Code of Ethics party, except with full disclosure to all parties and the informed consent of your client(s).
  • 19. Basic Principles Article 8: of the Keep the funds of clients and Code of Ethics customers in a special account in an appropriate financial institution, separate from your own money.
  • 20. Basic Principles Article 9: of the Assure, whenever possible, that Code of Ethics transactional details are in writing, in clear and understandable language. Provide a copy of each agreement to each party upon their signing or initialing.
  • 21. Basic Principles Article 10: of the Provide equal service to all clients Code of Ethics and customers. Do not discriminate in your employment practices against any person on the basis of race, color, religion, sex, handicap, familial status, national origin, or sexual orientation.
  • 22. Basic Principles Article 11: of the Be knowledgeable and competent Code of Ethics in the fields of practice in which you ordinarily engage. Obtain assistance or disclose lack of experience, if necessary.
  • 23. Basic Principles Article 12: of the Communicate honestly in all of your Code of Ethics real estate communications. Present a true picture in your advertising, marketing and all representations.
  • 24. Basic Principles Article 13: of the Do not engage in the unauthorized Code of Ethics practice of law. Recommend that legal counsel be obtained when the interest of any party to the transaction requires it.
  • 25. Basic Principles Article 14: of the Place all pertinent facts before the Code of Ethics proper tribunal:  grievance committee functions like a grand jury  hearing panel functions like a judge and jury  board of directors functions like an appellate body
  • 26. Basic Principles Article 14 (continued): of the Be a willing participant in Code Code of Ethics enforcement procedures. Take no action to disrupt or obstruct the Code enforcement process.
  • 27. Basic Principles Article 15: of the Ensure that your comments Code of Ethics about other real estate professionals are truthful, and not misleading. Make no false or misleading statements about other real estate professionals, their businesses or their business practices.
  • 28. Basic Principles Article 16: of the Respect the exclusive Code of Ethics representation or exclusive brokerage relationship agreements that other REALTORS® have with their clients.
  • 29. Basic Principles Article 17: of the Arbitrate and mediate contractual Code of Ethics and specific non-contractual disputes (see Standard of Practice 17-4) with other REALTORS® and with your clients.
  • 30.  The “blueprint” for administering the How the Code is professional standards process to Enforced: enforce the Code and resolve Code of Ethics and Arbitration Manual financial disputes between REALTORS®  Features Case Interpretations – fact situations to which each Article and/or Standard of Practice are applied.
  • 31. How the Code is Enforced: Professional Standards Process Ethics Complaint Staff Arbitration Request Dismiss or refer for Dismiss or refer for Grievance Committee hearing (with or hearing on mandatory without amending) or voluntary basis Hearing Panel Affirm if no appeal; Board of Directors After hearing, award is otherwise hear appeal. final, if no procedural review requested
  • 32.  Letter of Warning  Letter of Reprimand How the Code is Enforced:  Education Authorized  Fine not to exceed $5,000 Hearing Panel  Probation for 1 year or less Discipline  Suspension for not less than 30 days nor more than one year  Expulsion from membership for a period of 1 to 3 years  Suspension or termination of MLS privileges
  • 33. REALTOR® Code of Ethics Centennial: A Century of Pride and Professionalism For the last 100 years, t h e R E A LT O R ® C o d e o f E t h i c s has held members of the National Association to a higher criterion of excellence, reaffirming their commitment to encouraging and protecting property ownership and ensuring wise stewardship of our nation’s land and resources.
  • 34. REALTOR® Code of Ethics Centennial: A Century of Pride and Professionalism I n i t s s e c o n d c e n t u r y, t h e C o d e w i l l continue to adapt to the needs of a vibrant, professional, ethical real estate community and continue t o d i s t i n g u i s h R E A LTO R S ® a n d t h e i r c o m m i t m e n t t o i n t e g r i t y.
  • 35. REALTOR® Code of Ethics Centennial: A Century of Pride and Professionalism For more information on how you can celebrate the Code of Ethics Centennial, please visit h t t p : / / w w w . r e a l t o r. o r g / c o e c e n t e n n i a l Or contact the Member Policy Department at t h e N a t i o n a l A s s o c i a t i o n o f R E A LT O R S ® : Te l e p h o n e : 8 0 0 - 8 7 4 - 6 5 0 0 , e x t e n s i o n 8 3 9 9 E m a i l : M e m b e r _ p o l i c y @ r e a l t o r. o r g