Duties to Clients and Customers - (Articles 1-9)

Article 1
When representing a buyer, seller, landlord, tenant, or other client as an agent, RealtorsŪ 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 RealtorsŪ of their obligation to treat all parties honestly. When serving a buyer, seller, landlord, tenant or other party in a non-agency capacity, RealtorsŪ remain obligated to treat all parties honestly. (Amended 1/93)

Standard of Practice 1-1
RealtorsŪ, when acting as principals in a real estate transaction, remain obligated by the duties imposed by the Code of Ethics. (Amended 1/93)

Standard of Practice 1-2
The duties the Code of Ethics imposes are applicable whether RealtorsŪ are acting as agents or in legally recognized non-agency capacities except that any duty imposed exclusively on agents by law or regulation shall not be imposed by this Code of Ethics on RealtorsŪ acting in non-agency capacities.

As used in this Code of Ethics, "client" means the person(s) or entity(ies) with whom a REALTORŪ or a REALTORŪ’s firm has an agency or legally recognized non-agency relationship; "customer" means a party to a real estate transaction who receives information, services, or benefits but has no contractual relationship with the RealtorŪ or the REALTORŪ’s firm; "agent" means a real estate licensee (including brokers and sales associates) acting in an agency relationship as defined by state law or regulation; and "broker" means a real estate licensee (including brokers and sales associates) acting as an agent or in a legally recognized non-agency capacity. (Adopted 1/95, Amended 1/99)

Standard of Practice 1-3
RealtorsŪ, in attempting to secure a listing, shall not deliberately mislead the owner as to market value.

Standard of Practice 1-4
RealtorsŪ, 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 REALTORŪ’s services. (Amended 1/93)

Standard of Practice 1-5
RealtorsŪ 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
RealtorsŪ 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, RealtorsŪ 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. RealtorsŪ shall not be obligated to continue to market the property after an offer has been accepted by the seller/landlord. RealtorsŪ 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
RealtorsŪ acting as agents or brokers of buyers/tenants shall submit to buyers/tenants all offers and counter-offers until acceptance but have no obligation to continue to show properties to their clients after an offer has been accepted unless otherwise agreed in writing. RealtorsŪ acting as agents or brokers of buyers/tenants shall recommend that buyers/tenants obtain the advice of legal counsel if there is a question as to whether a pre-existing contract has been terminated. (Adopted 1/93, Amended 1/99)

Standard of Practice 1-9
The obligation of RealtorsŪ to preserve confidential information (as defined by state law) provided by their clients in the course of any agency relationship or non-agency relationship recognized by law continues after termination of agency relationships or any non-agency relationships recognized by law. RealtorsŪ shall not knowingly, during or following the termination of professional relationships with their clients:
1) reveal confidential information of clients; or

2) use confidential information of clients to the disadvantage of clients; or

3) use confidential information of clients for the REALTORŪ’s advantage or the advantage of third parties unless:

a) clients consent after full disclosure; or

b) RealtorsŪ are required by court order; or

c) it is the intention of a client to commit a crime and the information is necessary to prevent the crime; or

d) it is necessary to defend a REALTORŪ or the REALTORŪ’s employees or associates against an accusation of wrongful conduct. (Adopted 1/93, Amended 1/99)

Standard of Practice 1-10
RealtorsŪ shall, consistent with the terms and conditions of their real estate licensure and their property management agreement, competently manage the property of clients with due regard for the rights, safety and health of tenants and others lawfully on the premises. (Adopted 1/95, Amended 1/00)

Standard of Practice 1-11
RealtorsŪ who are employed to maintain or manage a client's property shall exercise due diligence and make reasonable efforts to protect it against reasonably foreseeable contingencies and losses. (Adopted 1/95)

Standard of Practice 1-12
When entering into listing contracts, RealtorsŪ must advise sellers/landlords of:

1) the REALTORŪ’s general company policies regarding cooperation with and compensation to subagents, buyer/tenant agents and/or brokers acting in legally recognized non-agency capacities;

2) the fact that buyer/tenant agents or brokers, even if compensated by listing brokers, or by sellers/landlords may represent the interests of buyers/tenants; and

3) any potential for listing brokers to act as disclosed dual agents, e.g. buyer/tenant agents. (Adopted 1/93, Renumbered 1/98, Amended 1/99)

Standard of Practice 1-13
When entering into buyer/tenant agreements, RealtorsŪ must advise potential clients of:
1) the REALTORŪ’s general company policies regarding cooperation and compensation; 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, Renumbered 1/98, Amended 1/99)

Article 2
RealtorsŪ shall avoid exaggeration, misrepresentation, or concealment of pertinent facts relating to the property or the transaction. RealtorsŪ shall not, however, be obligated to discover latent defects in the property, to advise on matters outside the scope of their real estate license, or to disclose facts which are confidential under the scope of agency or non-agency relationships as defined by state law. (Amended 1/00)

Standard of Practice 2-1
RealtorsŪ 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 RealtorŪ the obligation of expertise in other professional or technical disciplines. (Amended 1/96)

Standard of Practice 2-2
(Renumbered as Standard of Practice 1-12 1/98)
 

Standard of Practice 2-3
(Renumbered as Standard of Practice 1-13 1/98)
 

Standard of Practice 2-4
RealtorsŪ 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
RealtorsŪ 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
RealtorsŪ, acting as exclusive agents or brokers of sellers/landlords, establish the terms and conditions of offers to cooperate. Unless expressly indicated in offers to cooperate, cooperating brokers may not assume that the offer of cooperation includes an offer of compensation. Terms of compensation, if any, shall be ascertained by cooperating brokers before beginning efforts to accept the offer of cooperation. (Amended 1/99)

Standard of Practice 3-2
RealtorsŪ shall, with respect to offers of compensation to another RealtorŪ, timely communicate any change of compensation for cooperative services to the other RealtorŪ prior to the time such RealtorŪ 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
RealtorsŪ, 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
RealtorsŪ 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 RealtorŪ concerning property under a management or listing agreement, RealtorsŪ shall disclose their RealtorŪ 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
RealtorsŪ shall not misrepresent the availability of access to show or inspect a listed property. (Amended 11/87)

Article 4
RealtorsŪ shall not acquire an interest in or buy or present offers from themselves, any member of their immediate families, their firms or any member thereof, or any entities in which they have any ownership interest, any real property without making their true position known to the owner or the owner's agent or broker. In selling property they own, or in which they have any interest, RealtorsŪ shall reveal their ownership or interest in writing to the purchaser or the purchaser's representative. (Amended 1/00)

Standard of Practice 4-1
For the protection of all parties, the disclosures required by Article 4 shall be in writing and provided by RealtorsŪ prior to the signing of any contract. (Adopted 2/86)

Article 5
RealtorsŪ 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
RealtorsŪ shall not accept any commission, rebate, or profit on expenditures made for their client, without the client's knowledge and consent.

When recommending real estate products or services (e.g., homeowner's insurance, warranty programs, mortgage financing, title insurance, etc.), RealtorsŪ shall disclose to the client or customer to whom the recommendation is made any financial benefits or fees, other than real estate referral fees, the RealtorŪ or REALTORŪ’s firm may receive as a direct result of such recommendation. (Amended 1/99)

Standard of Practice 6-1
RealtorsŪ shall not recommend or suggest to a client or a customer the use of services of another organization or business entity in which they have a direct interest without disclosing such interest at the time of the recommendation or suggestion. (Amended 5/88)

Article 7
In a transaction, RealtorsŪ 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 REALTORŪ’s client or clients. (Amended 1/93)

Article 8
RealtorsŪ 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
RealtorsŪ, 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, RealtorsŪ 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)

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