3D GlassesThis is fourth in a series of posts describing what the Code of Ethics are and what they mean to you - the buyer or seller. This post will go into Articles 4 and 5 of the National Association of Realtors® Code of Ethics.
These 2 Articles define the 3-D's of a Realtors® duties when they are looking to buy or sell a property that they have or will have ownership in. The 3-D's are:
1. Disclosure
2. Disclosure
3. Disclosure

Remember ... Not every real estate agent s a Realtor®.  A Realtor® is a member of the National Association of Realtors® (NAR) - the world's largest professional association, and who is bound by a strict Code of Ethics.

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 or broker. 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.

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.

Disclosure #1: (Article #4)
If a Realtor® is looking to purchase a property they must disclose, in writing, that they are a Realtor® before making an offer on the property. Further, if a Realtor® will have any ownership interest in a property, this must also be disclosed.
Example: Realtor® Rachael and her cousin, Jay, find a great 4-plex for sale. Realtor® Rachael must disclose, in writing, that she is a Realtor® to the owner, or the owners' agent.

Disclosure #2: (Article #4)
If a Realtor® is selling his or her own property (or any property that he or she has ownership interest in) they must disclose, in writing, that they are a Realtor®. Most MLS systems have a specific location where this fact can be disclosed.

Disclosure #3: (Article #5)
If a Realtor® is acting as the listing agent (or providing any professional services for the listing) on a property that they own, or have any ownership interest in, this must be disclosed in writing, to all people interested in the property. Furthermore, if a Realtor® is acting as an agent in the purchase of a property that they will or possibly will have any ownership interest in, this fact must be disclosed, in writing to all people involved. Basically, if a Realtor® is representing themselves in the sale or purchase of a property, this must be disclosed. How? ...in writing.

Realtor® logoWhy are these articles important?
Well, wouldn't you want to know who you were about to enter into a major transaction with?  You would want to know if you were about to play poker with a national poker champion, or Trivia Pursuit with a 5 time Jeopardy winner, right?
Realtors® are obligated to disclose their interest in the property that they are looking to buy or sell. It is only fair to the consumer.

Please take a moment to check out these other posts:
Let's All Understand the Realtor® Code of Ethics ... Article 1
Understanding the Code of Ethics -Article 2: Disclosure
Understanding the Realtor® Code of Ethics - Article 3: Cooperating & Compensation

 

20 Comments on Understanding the Realtor® Code of Ethics: Articles 4 and 5- Disclosure of Ownership Interest

DEC
24
2006
686,857 Points 145 Featured Posts Localism Sponsor Outside Blog Hit Router

 I have seen this violated a number of times, and at least one lawsuit that resulted, with judgment against the agent. Dumb!

Thanks for continuing this series, esp. during the holidays. It's been great reading.

Happy Holidays!

8:29pm • #1
317,288 Points 45 Featured Posts Outside Blog

Mariana - ANOTHER great post on what is, to many, a very dry subject!  I think you've been doing a terrific job with the Articles that you've written about, and I look forward to reading the rest of them as you write about them.  I've served as Grievance Chair on my local Board for many years, and can never get enough of the Code that we all stand for.  Great job!

Merry Christmas!!

Ann

8:49pm • #2
259,577 Points 38 Featured Posts Outside Blog
Hi Mariana, Great job explaining articles 4&5. I've sat on a few hearings that involved interesting violations of Article 5...some agents will never learn. Thanks and Have a Happy Holiday.
9:08pm • #3
143,950 Points 7 Featured Posts Outside Blog

Mariana,

Thanks for the post. Adherence to the code of ethics can never be overstated.

9:29pm • #4
4 Featured Posts

Something so simple!  The REALTOR Code of Ethics is what sets us apart from the rest of the pack!  I agree with Jeff.  If you ignore it that is just Dumb!

Great picture Jeff!  Merry Christmas!

9:57pm • #5
263,674 Points 67 Featured Posts Localism Sponsor Outside Blog

Thank you for your comments, this Christmas Eve... !

Jeff- (nice picture...) We have seen it, too. And it is SO SIMPLE to just do it right.
Ann- Thank you! Everytime I write these, I learn more and understand them better.
Monika- I really value your opinion on my Ethics posts, as you TEACH these! Please let me know if I need to add or change something, ok?
William- I wish that Ethics classes were mandatory EVERY YEAR!
Virginia- I guess I do not understand whysomeone would ignore them...

Merry Christmas to you all!

10:17pm • #6

In my blog I just added the following.  I'm curious about your opinion regarding this matter:

----------------------------------------------------------------------------------------------------------------------- 

My Association makes it very clear in our Code of Ethics, that giving away big screen TVs or a trip to Hawaii for those who list with us is not ethical.  The specific clause follows (italics added):

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 REALTOR® 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)

I was approached by a client who listed his home hoping to get a free screen TV.  The home didn't sell (it was overpriced) and he didn't get the TV.  He claims that the fine print (the TV gift was contingent upon the sale of the house) although logical, it was never mentioned.  He remembers the following promise in the listing presentation:  "To make it clear to all my clients our appreciation for their business we give all of them a free big screen TV, in hopes that they will refer us to their friends in the future..."   If his memory doesn't fail him, there was no mention of contingencies.  

Is this a commom practice out there?  Are Realtors really "buying" their business?

----------------------------------------------------------------------------------------------------------------------

By the way I listed his home, it sold quickly, and because I worked hard, I may buy myself a big screen TV... :)

11:42pm • #7
404,744 Points 16 Featured Posts Localism Sponsor Outside Blog
I think this is the end of the prelims and now we get to the nitty gritty!
11:52pm • #8
DEC
25
2006
8 Featured Posts Outside Blog
Thanks for the post - we can never be reminded enough!
12:52am • #9
463,446 Points 13 Featured Posts Localism Sponsor Outside Blog

A reminder some agents really need. I would like the industry to me more respected ,so we need to get our  house in order.

2:19am • #10
190,214 Points 18 Featured Posts Outside Blog
Very well done, Marianna, as are all the previous ones. This is a neglected subject and one we all need to be reminded of. Personally, I do not know why this is a problem for Realtors to just acknowledge themselves. It has gotten to the point where customers believe we cannot buy or sell our own properties! All we need to do is make it public. Have a great holiday!
7:20am • #11
263,674 Points 67 Featured Posts Localism Sponsor Outside Blog

Nilton- From my understanding and education on this matter, nothing that happened to this seller was wrong/unethical. What should have happened is that the agent should have gotten that whole thing in writing and acknowledgement signed by the Seller. Although I would question the business of an agent who has to buy their business (leads included!!)... agents use different tactics to get business. Signed acknowledgements are what will keep it all above board - and, of course, recommending everything to be looked at by a competant RE attorney. Congrats on the quick sale! (I will touch on this more when I get to Article 12)...
Tony- Yep! I plan on running this series into the ground - We all can benefit from re-reading the COE's, right?
Kaushik- You're welcome!
Jennifer- I am with you on that one!
Karen- I dont understand that either ... What is the big deal about just acknowledging who you are? I don't get it. :)

Merry Christmas/ Happy Holidays to all of you!

11:34am • #12
406,648 Points 72 Featured Posts Outside Blog

"Oh! Look! A Butterfly! aka Mariana"

How about a ROARING wrap up? Let me do this:

  • Disclosure #1 Honesty and common sense
  • Disclosure #2 Honesty and common sense
  • Disclosure #3 Honesty and common sense

Cute huh? Hey it's Christmas Day. I don't want to get too serious on such a day as this.

I will say that it seems to me that these required disclosures should never be a problem for Realtors. As a group we like talking about ourselves. :) Throw in some honesty and common sense on the 'self talk' and the game is on. :)

I still think every Realtor should have to stand in front of the Directors of their Local Board and recite our Realtor Code Of Ethics. SVW.

TLW "The Lovely Wife"...I Am Realtor Hear My Code Of Ethics. :) ROAR!

3:46pm • #13
1 Featured Post
Hi Mariana, keep it up, love to re-read the COE's. Hope you are having a nice Christmas. I love the glasses, I think some agents wear blinders.
4:57pm • #14
263,674 Points 67 Featured Posts Localism Sponsor Outside Blog
TLW- That same thought crossed my mind... "Realtors LOVE to talk about themselves- just not at the right time?!?" Thank you for the superb wrap up!
Michael- blinders, and anything else that blocks reality from them... Thank you.
11:06pm • #15
DEC
26
2006
488,257 Points 84 Featured Posts Localism Sponsor Outside Blog Hit Router

The truth will set you free.  I disclose everything always and tell my sellers to spill their guts.  Once the other side signs off they can not come back later on that issue.

12:53am • #16
Way to go, Mariana!  I followed your series and appreciate your taking the time to share insights.  It never hurts to revisit the ethical standards that serve as the underpinnings of professionalism.
Ed Rybczynski
5:40am • #17
18 Featured Posts
Mariana, cute graphic, for the 3-D and all.  way to go on the series.. you're actually making it more and more interesting. So clarify this for me, please. It is considered to be an 'interest' if your listing a property for a family memeber. I would disclose anyway, but still curious how it should be.
11:09am • #19
263,674 Points 67 Featured Posts Localism Sponsor Outside Blog
Randy- Thank you. I completely agree. Disclose. Disclose. Disclose.
Ed- Thank you for following along with me. I have a lot more to go... I believe that no one can ever know too much about the COE's.
TLW- SVWRBAY (Smilng very wide right back at ya!)
Nick- Good question. I always disclose. I believe that you must disclose if it is an immediate family member/spouse, based off of this part of the Code: "...any member of their immediate families, their firms or any member thereof..." (If anyone knows different, please correct this...)
12:53pm • #20

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Mariana Wagner ~ Colorado Springs REALTOR®

Colorado Springs, CO

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Wagner iTeam -Keller Williams Hope Realty

Address: Wagner iTeam ~ Keller Williams Realty, 12 E. Kiowa St., Colorado Springs, CO, 80903

Office Phone: (719) 434-7525

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