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Realtor® Code of Ethics - Exaggeration and Misrepresentation are Not Allowed

By
Real Estate Agent with The Buyers' Counsel

Gavel with bookAs a home buyer or seller you should know that all Realtors® are bound by a strict Code of Ethics that was designed to protect you as a consumer.  In your dealings with any Realtor®, you should feel confident that you are being dealt with fairly and honestly. Every agent must make a commitment to adhere to a set of rules which are guidelines for dealing with the public as well as with each other. 

The Code of Ethics contains 17 Articles and is quite in-depth.  As a primer for these tenets, here are some basic guidelines: 

Article 1 states that 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." 

The agent's first and foremost obligation is to their contractual client; however, this does not relieve their responsibility to treat all parties fairly. 

Article 2 - "Realtors® shall avoid exaggeration, misrepresentation, or concealment of pertinent facts relating the property or to a transaction." 

Article 3 covers the fact that "Realtors® must cooperate with other brokers with the exception of cases in which it may not be in the client's best interest." 

This rule does not make it mandatory that they compensate other brokers but cooperation involves allowing other agents to show properties that are on the market and show basic cooperation with other real estate agents. 

Article 12 states that "Realtors® shall be honest and truthful in their real estate communications and shall present a true picture of themselves in their advertising, marketing, and other representations."  

Smart consumers realize that exaggeration and unrealistic claims should be looked upon with a discerning eye. 

Article 15 spells out that "Realtors® shall refrain from making false or misleading statements about competitors, competitors' businesses and competitors' business practices." 

In today's world of electronic media, it is also the duty of such an agent to publish a clarification or remove any such statements made at once.  

In 2013, the NAR Code of Ethics will turn 100 but the relevancy of the issues that it covers has remained constant throughout the years.  With periodic updates, the code is there to assure you, the consumer, that when you are working with a professional Realtor® you can rest assured that there are important guidelines that are being followed to be make certain that agents are acting in your best interest and in the best interest of the industry as a whole. 

Copyright 2009 - Claudette Millette, Broker, Owner, The Buyers' Counsel - (508) 881-6230

Your Buyer Broker for Massachusetts Since 1992 

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Comments(100)

Claudette Millette
The Buyers' Counsel - Ashland, MA
Buyer, Broker - Metrowest Mass

Thank you, everyone, for all of your comments.  I apologize for not being able to answer each one individually. 

One of the recurring sentiments that has run throughout some of the comments here has been the fact that we are forced to belong to NAR in order to be part of our local MLS.  That is, actually, not the case here in Massachusetts.  I just spoke with them (MLSPIN in Worcester) and they told me that non-Realtors can join the MLS.  The only difference is that their quarterly fees are higher than Realtors. 

The quarterly fee for Realtors is $81 and for non-Realtors it is $120.  So, that would be a $156 difference against the annual $660 that NAR charges for our dues.  If that makes a difference to anyone, you may want to check with your local MLS.

Personally, I appreciate the fact that we have a code of ethics that is intended to protect us and also the public.  Does it work perfectly all of time?  Of course not.  But, I still find it preferable to be part of a trade that has a code and a set of rules to follow because I think it, for the most part, it is quite effective.    

 

Jan 02, 2010 02:52 AM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

Claudette:  I know that buyers love the search with no sign in feature.  Good post.

Jan 02, 2010 04:40 AM
Kristen Wahl
Re/Max Plus - Rochester, NY
CBR

Claudette, this is a very informative post for consumers. The Code of Ethics is really what sets Realtors apart from other licensed agents, and it's good to get that word out! I'm reblogging this great post.

Jan 02, 2010 04:59 AM
Margaret Woda
Long & Foster Real Estate, Inc. - Crofton, MD
Maryland Real Estate & Military Relocation

The Code of Ethics is honored by 99% of the agents I know and work with in my market.  The other 1% are most often new agents who are still learning that there's more to being a real estate professional than having a state license.  While NAR doesn't always represent my views in their marketing, I believe they do provide (through the Code of Ethics) a framework that sets the expectations of agents and consumers alike.

Jan 02, 2010 05:05 AM
Beverly Femia
BlueCoast Realty Corporation - Hampstead, NC
Broker Realtor Stager - Greater Wilmington, NC Are

I'm a Realtors® and proud of it but there are agents who pay their dues and use our symbol to the detriment of us all.  Ethics cannot be bought. 

Jan 02, 2010 01:01 PM
Dave Humphrey, Broker
RE/MAX Marketplace - Celebration, FL
Real Estate Advice You Can TRUST!

Almost daily I have difficulty not blasting a "competitor" for their work. It is very embarassing in my market what passes for a real estate professional. I frequently cringe when I see what some Realtors are doing to their selling clients. I have been in the business slightly less than one year, and trust me, my eyes have really been opened in terms of competency levels.

Jan 02, 2010 10:53 PM
Catherine Kierzek
ReMax Lakeside - Muskego, WI
CDPE

Thanks for the blog.  I wish all Realtors here would abide by it but unfortunately there are always some that live in their own world.  It's great to let the public know that the majority of Realtors honor the Code with lots of integrity and professionalism.

Jan 03, 2010 01:03 AM
Yuno Marioni
Bothell, WA
- Your Home, My Goal -

Claudette:  Thanks for the great reminder. The Code of Ethics is really what sets Realtors apart from other licensed real estate agents and this is a great information to let our clients know.  I don't think our clients know the difference between Realtor and a lincenced real estate agent.  Thanks... Happy New Year. 

Jan 03, 2010 06:49 AM
Mary Douglas
United Country Ponderosa Realty, Red Feather Lakes, Colorado - Red Feather Lakes, CO
REALTOR, Red Feather Lakes, Colorado

Most buyers and sellers probably do not know this Claudette, thanks for posting this, it's good information to get out there.

Jan 03, 2010 10:53 AM
Mike Henderson
Your complete source for buying HUD homes - Littleton, CO
HUD Home Hub - 303-949-5848

Good points, but a brief rebuttal.  There are a lot of issues that I have with the COE.  I think my personal ethics are a much higher standard.   I'd say more, but my New Years Resolution is to be nice on all blogs.

Jan 03, 2010 12:32 PM
Mike Warfel
Mike & Rita Warfel Real Estate LLC - Avoca, MI
Associate Broker

Yes I am proud to be a Realtor, we have a code and try to maintain a standard. The public should be reminded often.

Thank you

Jan 03, 2010 08:55 PM
Mike Warfel
Mike & Rita Warfel Real Estate LLC - Avoca, MI
Associate Broker

Yes I am proud to be a Realtor, we have a code and try to maintain a standard. The public should be reminded often.

Thank you

Jan 03, 2010 08:55 PM
Kathy Knight
Intracoastal Realty Corp - Wilmington, NC
BROKER, ABR, CRS, GRI, SFR, SRES

Claudette:  very good blog to remind us of our duty as Realtors to follow that Code of Ethics. It is important to us and the public...

Jan 03, 2010 11:56 PM
Beverly of Bev & Bob Meaux
Keller Williams Suburban Realty - West Orange, NJ
Where Buying & Selling Works

Claudette, it's important that consumers know they don't have to settle for poor representation. Unfortunately some people haven't experienced a great agent and don't know how good it can be.

Jan 06, 2010 11:31 AM
Joy Caldwell
Coventry Glen Realty - College Station, TX

Great Post-It's to bad we rely on other REALTORS to enforce. REALTORS in our area don't want the hassle of hearings and stepping on toes.

Jan 07, 2010 06:30 AM
Jeff Stone
Douglas Elliman - Port Washington, NY
Seniors Real Estate Specialist

Always act with professionalism and courtesy whether you're dealing with the public or with each other. This gains respect in the field not all those initials after your name. Good post!

Jan 07, 2010 08:48 AM
Toula Rosebrock
Diane Turton, Realtors, Forked River, NJ - Lacey Township, NJ
Broker/Sales Associate, Realtor, Lacey Township,

ToulaRosebrock,com

Hi Claudette:

Just want to let you know that I just re-blogged this post.

Great job!

Jan 16, 2010 03:28 PM
Melissa Brown
Helen Adams Realty - Charlotte, NC
Realtor - South Charlotte NC Homes for Sale

Claudette,

I just came across this blog post as I was surfing through your blog (I've subscribed to your blog!)  This is a great post, and I feel so strongly about it that I re-blogged it!  All the best, Melissa

Jan 24, 2010 12:28 PM
Anonymous
Lincoln D. Nehrkorn

Interesting post. I wonder, though does the Code of Ethics make it illegal for a Realtor to lie directly and provably in the course of business? The reason for my inquery is that today, April 15, 2011 I was lied to by two Realtors in the same agency. I am in a bad situation where in the home I have been renting for six years has been foreclosed on. The Realtore in question lied to me regarding their knowlege of tenant rights, lied to me about the mortgage company who now holds the deed to the property, and lied to me in regards to who and how I am to pay rent as to avoid an eviction. I know their behavior is wrong and unethical, but is it illegal?

Apr 15, 2011 01:21 PM
#101
Claudette Millette
The Buyers' Counsel - Ashland, MA
Buyer, Broker - Metrowest Mass

Lincoln:

I am sorry about your situation. As a Realtor, lying is unethical but probably not illegal.  I do not know all of the details about your circumstances.  My only suggestion would be, if you think the Realtors lied to you, you can call their agency and speak with their Broker about what has transpired.

I wish you well.

 

Apr 17, 2011 03:56 PM