Code of Ethics and Standards of
Practice
of the National Association of REALTORS®
Effective January 1, 1997
Where the word REALTORS® is used in this Code and Preamble, it
shall be deemed to include
REALTOR-ASSOCIATE®S.
While the Code of Ethics establishes obligations that may be
higher than those mandated by law, in any instance where the
Code of Ethics and the law conflict, the obligations of the law
must take precedence.
Preamble...
Under all is the land. Upon its wise utilization and widely
allocated ownership depend the survival and growth of free
institutions and of our civilization. REALTORS® should recognize
that the interests of the nation and its citizens require the
highest and best use of the land and the widest distribution of
land ownership. They require the creation of adequate housing,
the building of functioning cities, the development of productive
industries and farms, and the preservation of a healthful
environment.
Such interests impose obligations beyond those of ordinary
commerce. They impose grave social responsibility and a patriotic
duty to which REALTORS® should dedicate themselves, and for
which they should be diligent in preparing themselves.
REALTORS®, therefore, are zealous to maintain and improve the
standards of their calling and share with their fellow
REALTORS® a common responsibility for its integrity and honor.
In recognition and appreciation of their obligations to clients,
customers, the public, and each other, REALTORS®
continuously strive to become and remain informed on issues
affecting real estate and, as knowledgeable professionals, they
willingly share the fruit of their experience and study with
others. They identify and take steps, through enforcement of this
Code of Ethics and by assisting appropriate regulatory bodies, to
eliminate practices which may damage the public or which
might discredit or bring dishonor to the real estate profession.
Realizing that cooperation with other real estate professionals
promotes the best interests of those who utilize their services,
REALTORS® urge exclusive representation of clients; do not
attempt to gain any unfair advantage over their competitors; and
they refrain from making unsolicited comments about other
practitioners. In instances where their opinion is sought, or
where
REALTORS® believe that comment is necessary, their opinion is
offered in an objective, professional manner, uninfluenced by
any personal motivation or potential advantage or gain.
The term REALTORS® has come to connote competency, fairness, and
high integrity resulting from adherence to a lofty ideal
of moral conduct in business relations. No inducement of profit
and no instruction from clients ever can justify departure from
this ideal.
In the interpretation of this obligation, REALTORS® can take no
safer guide than that which has been handed down through
the centuries, embodied in the Golden Rule, "Whatsoever ye
would that others should do to you, do ye even so to them."
Accepting this standard as their own, REALTORS® pledge to
observe its spirit in all of their activities and to conduct
their
business in accordance with the tenets set forth below.
Duties to Clients and Customers
Article 1
When representing a buyer, seller, landlord, tenant, or other
client as an agent, REALTORS® pledge themselves to protect
and promote the interests of their client. This obligation of
absolute fidelity to the client's interests is primary, but it
does not
relieve REALTORS® of their obligation to treat all parties
honestly. When serving a buyer, seller, landlord, tenant or other
party in a non-agency capacity, REALTORS® remain obligated to
treat all parties honestly. (Amended 1/93)
Standard of Practice 1-1
REALTORS®, when acting as principals in a real estate
transaction, remain obligated by the duties imposed by the Code
of
Ethics. (Amended 1/93)
Standard of Practice 1-2
The duties the Code of Ethics imposes on agents/representatives
are applicable to REALTORS® acting as agents, transaction
brokers, facilitators, or in any other recognized capacity except
for any duty specifically exempted by law or regulation.
(Adopted 1/95)
Standard of Practice 1-3
REALTORS®, in attempting to secure a listing, shall not
deliberately mislead the owner as to market value.
Standard of Practice 1-4
REALTORS®, when seeking to become a buyer/tenant representative,
shall not mislead buyers or tenants as to savings or
other benefits that might be realized through use of the
Realtor's services. (Amended 1/93)
Standard of Practice 1-5
REALTORS® may represent the seller/landlord and buyer/tenant in
the same transaction only after full disclosure to and with
informed consent of both parties. (Adopted 1/93)
Standard of Practice 1-6
REALTORS® shall submit offers and counter-offers objectively and
as quickly as possible. (Adopted 1/93, Amended 1/95)
Standard of Practice 1-7
When acting as listing brokers, REALTORS® shall continue to
submit to the seller/landlord all offers and counter-offers until
closing or execution of a lease unless the seller/landlord has
waived this obligation in writing. REALTORS® shall not be
obligated to continue to market the property after an offer has
been accepted by the seller/landlord. REALTORS® shall
recommend that sellers/landlords obtain the advice of legal
counsel prior to acceptance of a subsequent offer except where
the
acceptance is contingent on the termination of the pre-existing
purchase contract or lease. (Amended 1/93)
Standard of Practice 1-8
REALTORS® acting as agents of buyers/tenants shall submit to
buyers/tenants all offers and counter-offers until acceptance
but have no obligation to continue to show properties to their
clients after an offer has been accepted unless otherwise agreed
in writing. REALTORS® acting as agents of buyers/tenants shall
recommend that buyers/tenants obtain the advice of legal
counsel if there is a question as to whether a pre-existing
contract has been terminated. (Adopted 1/93)
Standard of Practice 1-9
The obligation of REALTORS® to preserve confidential information
provided by their clients continues after the termination of
the agency relationship. REALTORS® shall not knowingly, during
or following the termination of a professional relationship
with their client: 1) reveal confidential information of the
client; or
2) use confidential information of the client to the disadvantage
of the client; or
3) use confidential information of the client for the Realtor's
advantage or the advantage of a third party unless:
a) the client consents after full disclosure; or
b) the REALTORS® is required by court order; or
c) it is the intention of the client to commit a crime and the
information is necessary to prevent the crime; or
d) it is necessary to defend the REALTORS® or the Realtor's
employees or associates against an accusation of wrongful
conduct. (Adopted 1/93, Amended 1/97)
Standard of Practice 1-10
REALTORS® shall, consistent with the terms and conditions of
their property management agreement, competently manage
the property of clients with due regard for the rights,
responsibilities, benefits, safety and health of tenants and
others lawfully
on the premises. (Adopted 1/95)
Standard of Practice 1-11
REALTORS® who are employed to maintain or manage a client's
property shall exercise due diligence and make reasonable
efforts to protect it against reasonably foreseeable
contingencies and losses. (Adopted 1/95)
Article 2
REALTORS® shall avoid exaggeration, misrepresentation, or
concealment of pertinent facts relating to the property or the
transaction. REALTORS® shall not, however, be obligated to
discover latent defects in the property, to advise on matters
outside the scope of their real estate license, or to disclose
facts which are confidential under the scope of agency duties
owed
to their clients. (Amended 1/93)
Standard of Practice 2-1
REALTORS® shall only be obligated to discover and disclose
adverse factors reasonably apparent to someone with expertise
in those areas required by their real estate licensing authority.
Article 2 does not impose upon the REALTORS® the obligation
of expertise in other professional or technical disciplines.
(Amended 1/96)
Standard of Practice 2-2
When entering into listing contracts, REALTORS® must advise
sellers/landlords of: 1) the Realtor's general company policies
regarding cooperation with subagents, buyer/tenant agents, or
both;
2) the fact that buyer/tenant agents, even if compensated by the
listing broker, or by the seller/landlord will represent the
interests of buyers/tenants; and
3) any potential for the listing broker to act as a disclosed
dual agent, e.g. buyer/tenant agent. (Adopted 1/93)
Standard of Practice 2-3
When entering into contracts to represent buyers/tenants,
REALTORS® must advise potential clients of: 1) the Realtor's
general company policies regarding cooperation with other firms;
and
2) any potential for the buyer/tenant representative to act as a
disclosed dual agent, e.g. listing broker, subagent, landlord's
agent, etc. (Adopted 1/93)
Standard of Practice 2-4
REALTORS® shall not be parties to the naming of a false
consideration in any document, unless it be the naming of an
obviously nominal consideration.
Standard of Practice 2-5
Factors defined as "non-material" by law or regulation
or which are expressly referenced in law or regulation as not
being
subject to disclosure are considered not "pertinent"
for purposes of Article 2. (Adopted 1/93)
Article 3
REALTORS® shall cooperate with other brokers except when
cooperation is not in the client's best interest. The obligation
to
cooperate does not include the obligation to share commissions,
fees, or to otherwise compensate another broker. (Amended
1/95)
Standard of Practice 3-1
REALTORS®, acting as exclusive agents of sellers/landlords,
establish the terms and conditions of offers to cooperate. Unless
expressly indicated in offers to cooperate, cooperating brokers
may not assume that the offer of cooperation includes an offer
of compensation. Terms of compensation, if any, shall be
ascertained by cooperating brokers before beginning efforts to
accept the offer of cooperation. (Amended 1/94)
Standard of Practice 3-2
REALTORS® shall, with respect to offers of compensation to
another REALTORS®, timely communicate any change of
compensation for cooperative services to the other REALTORS®
prior to the time such REALTORS® produces an offer to
purchase/lease the property. (Amended 1/94)
Standard of Practice 3-3
Standard of Practice 3-2 does not preclude the listing broker and
cooperating broker from entering into an agreement to
change cooperative compensation. (Adopted 1/94)
Standard of Practice 3-4
REALTORS®, acting as listing brokers, have an affirmative
obligation to disclose the existence of dual or variable rate
commission arrangements (i.e., listings where one amount of
commission is payable if the listing broker's firm is the
procuring
cause of sale/lease and a different amount of commission is
payable if the sale/lease results through the efforts of the
seller/landlord or a cooperating broker). The listing broker
shall, as soon as practical, disclose the existence of such
arrangements to potential cooperating brokers and shall, in
response to inquiries from cooperating brokers, disclose the
differential that would result in a cooperative transaction or in
a sale/lease that results through the efforts of the
seller/landlord.
If the cooperating broker is a buyer/tenant representative, the
buyer/tenant representative must disclose such information to
their client. (Amended 1/94)
Standard of Practice 3-5
It is the obligation of subagents to promptly disclose all
pertinent facts to the principal's agent prior to as well as
after a
purchase or lease agreement is executed. (Amended 1/93)
Standard of Practice 3-6
REALTORS® shall disclose the existence of an accepted offer to
any broker seeking cooperation. (Adopted 5/86)
Standard of Practice 3-7
When seeking information from another REALTORS® concerning
property under a management or listing agreement,
REALTORS® shall disclose their REALTORS® status and whether
their interest is personal or on behalf of a client and, if on
behalf of a client, their representational status. (Amended 1/95)
Standard of Practice 3-8
REALTORS® shall not misrepresent the availability of access to
show or inspect a listed property. (Amended 11/87)
Article 4
REALTORS® shall not acquire an interest in or buy or present
offers from themselves, any member of their immediate
families, their firms or any member thereof, or any entities in
which they have any ownership interest, any real property without
making their true position known to the owner or the owner's
agent. In selling property they own, or in which they have any
interest, REALTORS® shall reveal their ownership or interest in
writing to the purchaser or the purchaser's representative.
(Amended 1/91)
Standard of Practice 4-1
For the protection of all parties, the disclosures required by
Article 4 shall be in writing and provided by REALTORS® prior
to the signing of any contract. (Adopted 2/86)
Article 5
REALTORS® shall not undertake to provide professional services
concerning a property or its value where they have a
present or contemplated interest unless such interest is
specifically disclosed to all affected parties.
Article 6
When acting as agents, REALTORS® shall not accept any
commission, rebate, or profit on expenditures made for their
principal, without the principal's knowledge and consent.
(Amended 1/92)
Standard of Practice 6-1
REALTORS® shall not recommend or suggest to a client or a
customer the use of services of another organization or business
entity in which they have a direct interest without disclosing
such interest at the time of the recommendation or suggestion.
(Amended 5/88)
Standard of Practice 6-2
When acting as agents or subagents, REALTORS® shall disclose to
a client or customer if there is any financial benefit or fee
the REALTORS® or the Realtor's firm may receive as a direct
result of having recommended real estate products or services
(e.g., homeowner's insurance, warranty programs, mortgage
financing, title insurance, etc.) other than real estate referral
fees.
(Adopted 5/88)
Article 7
In a transaction, REALTORS® shall not accept compensation from
more than one party, even if permitted by law, without
disclosure to all parties and the informed consent of the
Realtor's client or clients. (Amended 1/93)
Article 8
REALTORS® shall keep in a special account in an appropriate
financial institution, separated from their own funds, monies
coming into their possession in trust for other persons, such as
escrows, trust funds, clients' monies, and other like items.
Article 9
REALTORS®, for the protection of all parties, shall assure
whenever possible that agreements shall be in writing, and shall
be
in clear and understandable language expressing the specific
terms, conditions, obligations and commitments of the parties. A
copy of each agreement shall be furnished to each party upon
their signing or initialing. (Amended 1/95)
Standard of Practice 9-1
For the protection of all parties, REALTORS® shall use
reasonable care to ensure that documents pertaining to the
purchase,
sale, or lease of real estate are kept current through the use of
written extensions or amendments. (Amended 1/93)
Duties to the Public
Article 10
REALTORS® shall not deny equal professional services to any
person for reasons of race, color, religion, sex, handicap,
familial status, or national origin. REALTORS® shall not be
parties to any plan or agreement to discriminate against a person
or persons on the basis of race, color, religion, sex, handicap,
familial status, or national origin. (Amended 1/90)
Standard of Practice 10-1
REALTORS® shall not volunteer information regarding the racial,
religious or ethnic composition of any neighborhood and
shall not engage in any activity which may result in panic
selling. REALTORS® shall not print, display or circulate any
statement or advertisement with respect to the selling or renting
of a property that indicates any preference, limitations or
discrimination based on race, color, religion, sex, handicap,
familial status or national origin. (Adopted 1/94)
Article 11
The services which REALTORS® provide to their clients and
customers shall conform to the standards of practice and
competence which are reasonably expected in the specific real
estate disciplines in which they engage; specifically,
residential
real estate brokerage, real property management, commercial and
industrial real estate brokerage, real estate appraisal, real
estate counseling, real estate syndication, real estate auction,
and international real estate.
REALTORS® shall not undertake to provide specialized
professional services concerning a type of property or service
that is
outside their field of competence unless they engage the
assistance of one who is competent on such types of property or
service, or unless the facts are fully disclosed to the client.
Any persons engaged to provide such assistance shall be so
identified to the client and their contribution to the assignment
should be set forth. (Amended 1/95)
Standard of Practice 11-1
The obligations of the Code of Ethics shall be supplemented by
and construed in a manner consistent with the Uniform
Standards of Professional Appraisal Practice (USPAP) promulgated
by the Appraisal Standards Board of the Appraisal
Foundation.
The obligations of the Code of Ethics shall not be supplemented
by the USPAP where an opinion or recommendation of price
or pricing is provided in pursuit of a listing, to assist a
potential purchaser in formulating a purchase offer, or to
provide a
broker's price opinion, whether for a fee or not. (Amended 1/96)
Standard of Practice 11-2
The obligations of the Code of Ethics in respect of real estate
disciplines other than appraisal shall be interpreted and applied
in
accordance with the standards of competence and practice which
clients and the public reasonably require to protect their
rights and interests considering the complexity of the
transaction, the availability of expert assistance, and, where
the
REALTORS® is an agent or subagent, the obligations of a
fiduciary. (Adopted 1/95)
Standard of Practice 11-3
When REALTORS® provide consultive services to clients which
involve advice or counsel for a fee (not a commission), such
advice shall be rendered in an objective manner and the fee shall
not be contingent on the substance of the advice or counsel
given. If brokerage or transaction services are to be provided in
addition to consultive services, a separate compensation may
be paid with prior agreement between the client and REALTORS®.
(Adopted 1/96)
Article 12
REALTORS® shall be careful at all times to present a true
picture in their advertising and representations to the public.
REALTORS® shall also ensure that their professional status
(e.g., broker, appraiser, property manager, etc.) or status as
REALTORS® is clearly identifiable in any such advertising.
(Amended 1/93)
Standard of Practice 12-1
REALTORS® may use the term "free" and similar terms in
their advertising and in other representations provided that all
terms
governing availability of the offered product or service are
clearly disclosed at the same time. (Amended 1/97)
Standard of Practice 12-2
REALTORS® may represent their services as "free" or
without cost even if they expect to receive compensation from a
source other than their client provided that the potential for
the REALTORS® to obtain a benefit from a third party is clearly
disclosed at the same time. (Amended 1/97)
Standard of Practice 12-3
The offering of premiums, prizes, merchandise discounts or other
inducements to list, sell, purchase, or lease is not, in itself,
unethical even if receipt of the benefit is contingent on
listing, selling, purchasing, or leasing through the REALTORS®
making
the offer. However, REALTORS® must exercise care and candor in
any such advertising or other public or private
representations so that any party interested in receiving or
otherwise benefiting from the Realtor's offer will have clear,
thorough, advance understanding of all the terms and conditions
of the offer. The offering of any inducements to do business is
subject to the limitations and restrictions of state law and the
ethical obligations established by any applicable Standard of
Practice. (Amended 1/95)
Standard of Practice 12-4
REALTORS® shall not offer for sale/lease or advertise property
without authority. When acting as listing brokers or as
subagents, REALTORS® shall not quote a price different from that
agreed upon with the seller/landlord. (Amended 1/93)
Standard of Practice 12-5
REALTORS® shall not advertise nor permit any person employed by
or affiliated with them to advertise listed property
without disclosing the name of the firm. (Adopted 11/86)
Standard of Practice 12-6
REALTORS®, when advertising unlisted real property for
sale/lease in which they have an ownership interest, shall
disclose
their status as both owners/landlords and as REALTORS® or real
estate licensees. (Amended 1/93)
Standard of Practice 12-7
Only REALTORS® who participated in the transaction as the
listing broker or cooperating broker (selling broker) may claim
to have "sold" the property. Prior to closing, a
cooperating broker may post a "sold" sign only with the
consent of the listing
broker. (Amended 1/96)
Article 13
REALTORS® shall not engage in activities that constitute the
unauthorized practice of law and shall recommend that legal
counsel be obtained when the interest of any party to the
transaction requires it.
Article 14
If charged with unethical practice or asked to present evidence
or to cooperate in any other way, in any disciplinary
proceeding or investigation, REALTORS® shall place all pertinent
facts before the proper tribunals of the Member Board or
affiliated institute, society, or council in which membership is
held and shall take no action to disrupt or obstruct such
processes. (Amended 1/90)
Standard of Practice 14-1
REALTORS® shall not be subject to disciplinary proceedings in
more than one Board of REALTORS® or affiliated institute,
society or council in which they hold membership with respect to
alleged violations of the Code of Ethics relating to the same
transaction or event. (Amended 1/95)
Standard of Practice 14-2
REALTORS® shall not make any unauthorized disclosure or
dissemination of the allegations, findings, or decision developed
in connection with an ethics hearing or appeal or in connection
with an arbitration hearing or procedural review. (Amended
1/92)
Standard of Practice 14-3
REALTORS® shall not obstruct the Board's investigative or
disciplinary proceedings by instituting or threatening to
institute
actions for libel, slander or defamation against any party to a
professional standards proceeding or their witnesses. (Adopted
11/87)
Standard of Practice 14-4
REALTORS® shall not intentionally impede the Board's
investigative or disciplinary proceedings by filing multiple
ethics
complaints based on the same event or transaction. (Adopted
11/88)
Duties to REALTORS®
Article 15
REALTORS® shall not knowingly or recklessly make false or
misleading statements about competitors, their businesses, or
their business practices. (Amended 1/92)
Article 16
REALTORS® shall not engage in any practice or take any action
inconsistent with the agency of other REALTORS®.
Standard of Practice 16-1
Article 16 is not intended to prohibit aggressive or innovative
business practices which are otherwise ethical and does not
prohibit disagreements with other REALTORS® involving
commission, fees, compensation or other forms of payment or
expenses. (Adopted 1/93, Amended 1/95)
Standard of Practice 16-2
Article 16 does not preclude REALTORS® from making general
announcements to prospective clients describing their
services and the terms of their availability even though some
recipients may have entered into agency agreements with another
REALTORS®. A general telephone canvass, general mailing or
distribution addressed to all prospective clients in a given
geographical area or in a given profession, business, club, or
organization, or other classification or group is deemed
"general"
for purposes of this standard.
Article 16 is intended to recognize as unethical two basic types
of solicitations:
First, telephone or personal solicitations of property owners who
have been identified by a real estate sign, multiple listing
compilation, or other information service as having exclusively
listed their property with another REALTORS®; and
Second, mail or other forms of written solicitations of
prospective clients whose properties are exclusively listed with
another
REALTORS® when such solicitations are not part of a general
mailing but are directed specifically to property owners
identified through compilations of current listings, "for
sale" or "for rent" signs, or other sources of
information required by
Article 3 and Multiple Listing Service rules to be made available
to other REALTORS® under offers of subagency or
cooperation.
(Amended 1/93)
Standard of Practice 16-3
Article 16 does not preclude REALTORS® from contacting the
client of another broker for the purpose of offering to
provide, or entering into a contract to provide, a different type
of real estate service unrelated to the type of service currently
being provided (e.g., property management as opposed to
brokerage). However, information received through a Multiple
Listing Service or any other offer of cooperation may not be used
to target clients of other REALTORS® to whom such offers
to provide services may be made. (Amended 1/93)
Standard of Practice 16-4
REALTORS® shall not solicit a listing which is currently listed
exclusively with another broker. However, if the listing broker,
when asked by the REALTORS®, refuses to disclose the expiration
date and nature of such listing; i.e., an exclusive right to
sell, an exclusive agency, open listing, or other form of
contractual agreement between the listing broker and the client,
the
REALTORS® may contact the owner to secure such information and
may discuss the terms upon which the REALTORS®
might take a future listing or, alternatively, may take a listing
to become effective upon expiration of any existing exclusive
listing. (Amended 1/94)
Standard of Practice 16-5
REALTORS® shall not solicit buyer/tenant agency agreements from
buyers/tenants who are subject to exclusive buyer/tenant
agency agreements. However, if a buyer/tenant agent, when asked
by a REALTORS®, refuses to disclose the expiration date
of the exclusive buyer/tenant agency agreement, the REALTORS®
may contact the buyer/tenant to secure such information
and may discuss the terms upon which the REALTORS® might enter
into a future buyer/tenant agency agreement or,
alternatively, may enter into a buyer/tenant agency agreement to
become effective upon the expiration of any existing exclusive
buyer/tenant agency agreement. (Adopted 1/94)
Standard of Practice 16-6
When REALTORS® are contacted by the client of another REALTORS®
regarding the creation of an agency relationship to
provide the same type of service, and REALTORS® have not
directly or indirectly initiated such discussions, they may
discuss
the terms upon which they might enter into a future agency
agreement or, alternatively, may enter into an agency agreement
which becomes effective upon expiration of any existing exclusive
agreement. (Amended 1/93)
Standard of Practice 16-7
The fact that a client has retained a REALTORS® as an agent in
one or more past transactions does not preclude other
REALTORS® from seeking such former client's future business.
(Amended 1/93)
Standard of Practice 16-8
The fact that an agency agreement has been entered into with a
REALTORS® shall not preclude or inhibit any other
REALTORS® from entering into a similar agreement after the
expiration of the prior agreement. (Amended 1/93)
Standard of Practice 16-9
REALTORS®, prior to entering into an agency agreement, have an
affirmative obligation to make reasonable efforts to
determine whether the client is subject to a current, valid
exclusive agreement to provide the same type of real estate
service.
(Amended 1/93)
Standard of Practice 16-10
REALTORS®, acting as agents of buyers or tenants, shall disclose
that relationship to the seller/landlord's agent at first contact
and shall provide written confirmation of that disclosure to the
seller/landlord's agent not later than execution of a purchase
agreement or lease. (Amended 1/93)
Standard of Practice 16-11
On unlisted property, REALTORS® acting as buyer/tenant agents
shall disclose that relationship to the seller/landlord at first
contact for that client and shall provide written confirmation of
such disclosure to the seller/landlord not later than execution
of
any purchase or lease agreement.
REALTORS® shall make any request for anticipated compensation
from the seller/landlord at first contact. (Amended 1/93)
Standard of Practice 16-12
REALTORS®, acting as agents of sellers/landlords or as subagents
of listing brokers, shall disclose that relationship to
buyers/tenants as soon as practicable and shall provide written
confirmation of such disclosure to buyers/tenants not later than
execution of any purchase or lease agreement. (Amended 1/93)
Standard of Practice 16-13
All dealings concerning property exclusively listed, or with
buyer/tenants who are exclusively represented shall be carried on
with the client's agent, and not with the client, except with the
consent of the client's agent or except where such dealings are
initiated by the client. (Adopted 1/93, Amended 1/97)
Standard of Practice 16-14
REALTORS® are free to enter into contractual relationships or to
negotiate with sellers/landlords, buyers/tenants or others
who are not represented by an exclusive agent but shall not
knowingly obligate them to pay more than one commission except
with their informed consent. (Amended 1/94)
Standard of Practice 16-15
In cooperative transactions REALTORS® shall compensate
cooperating REALTORS® (principal brokers) and shall not
compensate nor offer to compensate, directly or indirectly, any
of the sales licensees employed by or affiliated with other
REALTORS® without the prior express knowledge and consent of the
cooperating broker.
Standard of Practice 16-16
REALTORS®, acting as subagents or buyer/tenant agents, shall not
use the terms of an offer to purchase/lease to attempt to
modify the listing broker's offer of compensation to subagents or
buyer's agents nor make the submission of an executed offer
to purchase/lease contingent on the listing broker's agreement to
modify the offer of compensation. (Amended 1/93)
Standard of Practice 16-17
REALTORS® acting as subagents or as buyer/tenant agents, shall
not attempt to extend a listing broker's offer of cooperation
and/or compensation to other brokers without the consent of the
listing broker. (Amended 1/93)
Standard of Practice 16-18
REALTORS® shall not use information obtained by them from the
listing broker, through offers to cooperate received through
Multiple Listing Services or other sources authorized by the
listing broker, for the purpose of creating a referral prospect
to a
third broker, or for creating a buyer/tenant prospect unless such
use is authorized by the listing broker. (Amended 1/93)
Standard of Practice 16-19
Signs giving notice of property for sale, rent, lease, or
exchange shall not be placed on property without consent of the
seller/landlord. (Amended 1/93)
Article 17
In the event of contractual disputes or specific non-contractual
disputes as defined in Standard of Practice 17-4 between
REALTORS® associated with different firms, arising out of their
relationship as REALTORS®, the REALTORS® shall
submit the dispute to arbitration in accordance with the
regulations of their Board or Boards rather than litigate the
matter.
In the event clients of REALTORS® wish to arbitrate contractual
disputes arising out of real estate transactions,
REALTORS® shall arbitrate those disputes in accordance with the
regulations of their Board, provided the clients agree to be
bound by the decision.
(Amended 1/97)
Standard of Practice 17-1
The filing of litigation and refusal to withdraw from it by
REALTORS® in an arbitrable matter constitutes a refusal to
arbitrate.
(Adopted 2/86)
Standard of Practice 17-2
Article 17 does not require REALTORS® to arbitrate in those
circumstances when all parties to the dispute advise the Board
in writing that they choose not to arbitrate before the Board.
(Amended 1/93)
Standard of Practice 17-3
REALTORS®, when acting solely as principals in a real estate
transaction, are not obligated to arbitrate disputes with other
REALTORS® absent a specific written agreement to the contrary.
(Adopted 1/96)
Standard of Practice 17-4
Specific non-contractual disputes that are subject to arbitration
pursuant to Article 17 are:
Where a listing broker has compensated a cooperating broker and
another cooperating broker subsequently claims to be
the procuring cause of the sale or lease. In such cases the
complainant may name the first cooperating broker as respondent
and arbitration may proceed without the listing broker being
named as a respondent. Alternatively, if the complaint is brought
against the listing broker, the listing broker may name the first
cooperating broker as a third-party respondent. In either
instance the decision of the hearing panel as to procuring cause
shall be conclusive with respect to all current or subsequent
claims of the parties for compensation arising out of the
underlying cooperative transaction. (Adopted 1/97)
Where a buyer or tenant representative is compensated by the
seller or landlord, and not by the listing broker, and the
listing broker, as a result, reduces the commission owed by the
seller or landlord and, subsequent to such actions, another
cooperating broker claims to be the procuring cause of sale or
lease. In such cases the complainant may name the first
cooperating broker as respondent and arbitration may proceed
without the listing broker being named as a respondent.
Alternatively, if the complaint is brought against the listing
broker, the listing broker may name the first cooperating broker
as a
third-party respondent. In either instance the decision of the
hearing panel as to procuring cause shall be conclusive with
respect to all current or subsequent claims of the parties for
compensation arising out of the underlying cooperative
transaction.
(Adopted 1/97)
Where a buyer or tenant representative is compensated by the
buyer or tenant and, as a result, the listing broker reduces
the commission owed by the seller or landlord and, subsequent to
such actions, another cooperating broker claims to be the
procuring cause of sale or lease. In such cases the complainant
may name the first cooperating broker as respondent and
arbitration may proceed without the listing broker being named as
a respondent. Alternatively, if the complaint is brought
against the listing broker, the listing broker may name the first
cooperating broker as a third-party respondent. In either
instance the decision of the hearing panel as to procuring cause
shall be conclusive with respect to all current or subsequent
claims of the parties for compensation arising out of the
underlying cooperative transaction. (Adopted 1/97)
Where two or more listing brokers claim entitlement to
compensation pursuant to open listings with a seller or landlord
who
agrees to participate in arbitration (or who requests
arbitration) and who agrees to be bound by the decision. In cases
where
one of the listing brokers has been compensated by the seller or
landlord, the other listing broker, as complainant, may name
the first listing broker as respondent and arbitration may
proceed between the brokers. (Adopted 1/97)
The Code of Ethics was adopted in 1913. Amended at the Annual
Convention in 1924, 1928, 1950, 1951, 1952,
1955, 1956, 1961, 1962, 1974, 1982, 1986, 1987, 1989, 1990, 1991,
1992, 1993, 1994, 1995 and 1996.
Explanatory Notes
The reader should be aware of the following policies which have
been approved by the Board of Directors of the National
Association:
In filing a charge of an alleged violation of the Code of Ethics
by a REALTORS®, the charge must read as an alleged violation
of one or more Articles of the Code. Standards of Practice may be
cited in support of the charge.
The Standards of Practice serve to clarify the ethical
obligations imposed by the various Articles and supplement, and
do not
substitute for, the Case Interpretations in Interpretations of
the Code of Ethics.
Modifications to existing Standards of Practice and additional
new Standards of Practice are approved from time to time.
Readers are cautioned to ensure that the most recent publications
are utilized.