| back to code of ethics and standards Duties to the Public - (Articles 10-14)
Article 10
RealtorsŪ shall not deny equal professional services to any person for reasons of race,
color, religion, sex, handicap, familial status, or national origin. RealtorsŪ 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)
REALTORSŪ, in their real estate employment practices,
shall not discriminate against any person or persons on the basis of race, color,
religion, sex, handicap, familial status, or national origin. (Amended 1/00)
Standard of Practice 10-1
RealtorsŪ 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. RealtorsŪ 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)
Standard of Practice 10-2
As use in Article 10 "real estate employment practices" relates to employees and
independent contractors providing real-estate related services and the administrative and
clerical staff directly supporting those individuals. (Adopted 1/00)
Article 11
The services which RealtorsŪ 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.
RealtorsŪ 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 RealtorŪ is an agent or subagent, the obligations of a
fiduciary. (Adopted 1/95)
Standard of Practice 11-3
When RealtorsŪ provide consultative 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 consultative services, a
separate compensation may be paid with prior agreement between the client and RealtorŪ.
(Adopted 1/96)
Article 12
RealtorsŪ shall be careful at all times to present a true picture in their advertising
and representations to the public. RealtorsŪ shall also ensure that their professional
status (e.g., broker, appraiser, property manager, etc.) or status as RealtorsŪ is
clearly identifiable in any such advertising. (Amended 1/93)
Standard of Practice 12-1
RealtorsŪ 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
RealtorsŪ 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 RealtorŪ 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 RealtorŪ making the
offer. However, RealtorsŪ 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 RealtorŪ'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
RealtorsŪ shall not offer for sale/lease or advertise property without authority. When
acting as listing brokers or as subagents, RealtorsŪ shall not quote a price different
from that agreed upon with the seller/landlord. (Amended 1/93)
Standard of Practice 12-5
RealtorsŪ 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
RealtorsŪ, 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 RealtorsŪ
or real estate licensees. (Amended 1/93)
Standard of Practice 12-7
Only RealtorsŪ 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
RealtorsŪ 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 professional standards proceeding or investigation, RealtorsŪ 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 1/99)
Standard of Practice 14-1
RealtorsŪ shall not be subject to disciplinary proceedings in more than one Board of
RealtorsŪ 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
RealtorsŪ 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
RealtorsŪ shall not obstruct the Board's investigative or professional standards
proceedings by instituting or threatening to institute actions for libel, slander or
defamation against any party to a professional standards proceeding or their witnesses
based on the filing of an arbitration request, an ethics complaint, or testimony given
before any tribunal. (Adopted 11/87, Amended 1/99)
Standard of Practice 14-4
RealtorsŪ 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)
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