One of those probably little known facts about how the mechanics of the NAR Code of Ethics enforcement procedures works is that if a grievance is filed against you and the Grievance Committee fails to forward it for a hearing or if you are found to be not in violation by a Professional Standards Committee then you basically can't be subsequently subject to the same (or a substantially similar) ethics complaint.

That "double jeopardy" policy is known as policy # 42 and can be found on page 25 of the 2008 NAR Code of Ethics and Arbitration Manual.

Article 5 of the United States Constitution prohibits us from being tried twice for the same offense after acquittal, after conviction, or being subject to multiple punishments for the same offense.

"DOUBLE JEOPARDY - Being tried twice for the same offense; prohibited by the 5th Amendmentto the U.S. Constitution. '[T]he Double Jeopardy Clause protects against three distinct abuses: [1] a second prosecution for the same offense after acquittal; [2] a second prosecution for the same offense after conviction; and [3] multiple punishments for the same offense.' U.S. v. Halper, 490 U.S. 435, 440 (1989)."

NAR members can download their own copy here or order a hard copy from NAR for 15 bucks.

Not the most fascinating book I've ever read but certainly a useful one should the need ever arise.  



Jim Lee , REALTOR®, Certified Residential Specialist (CRS)

http://JimLee.com  RE/MAX By The Bay

150 Mirona Road, Portsmouth, NH 03801 Phone: (603) 431-1111 x3801

Visit New Hampshire Maine Real Estate.com to search homes, get Seacoast area information, and find out how great living on the New Hampshire and southern Maine Seacoast really is.

 

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Post is included in group: ETHICS and the REALTOR

8 Comments on "Double Jeopardy" is not allowed in the NAR Code of Ethics

APR
22
2008
315,754 Points 39 Featured Posts Outside Blog
I actually read the whole book once! Every page of it... BORING. :)
9:45pm • #1
Although the text is not exciting, as Realtors (R), we should know exactly the NAR Code of Ethics contains. You just never know when something could bite you in the butt!
9:50pm • #2
330,020 Points 45 Featured Posts Outside Blog Attended Rain Camp

Hi Jim - as well as I know the Code, I did not know the 'double jeopardy' part.  I've worked with those manuals for years, but just had never encountered this - thanks for pointing it out.

Ann

9:56pm • #3
180,823 Points 5 Featured Posts Called Shot Master
I've read the majority of the manual, have my own highlighted copy that I will not let out of my sight. Great reference and a must have for all brokers.
10:15pm • #4
APR
23
2008
597,449 Points 106 Featured Posts Localism Sponsor Outside Blog Hit Router

I hope to never have to address the first jeopardy, let alone double jeopardy.

3:29am • #5
497,674 Points 60 Featured Posts Localism Sponsor Hit Router Attended Rain Camp

Not to worry Randy; if you successfully weather the first jeopardy the second jeopardy becomes irrelevant. ;->

Of course it's best not to get in jeopardy in the first place but sometimes you're just overtaken by events and step in front of the bus. 

7:05am • #6
321,262 Points Localism Sponsor Outside Blog

Jim,

I know I think I understand the code.....yet the more I see the posts in AR, I am not sure....

4:23pm • #7

All,

bear in mind that the "Code of Ethics and Arbiration Manual" (CEAM) changes every year.  Don't think that you have it all if your copy is the 1999 edition.  Specific articles and standards of practice are changed, amended or added every year because our business practices change every year.  If you are involved in a case as a complaintant or a respondent, it becomes much less boring.

5:44pm • #8


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Jim Lee, Portsmouth NH Realtor Portsmouth, Jewel of the NH Seacoast (RE/MAX By The Bay) Rainmaker_large

Jim Lee, Portsmouth NH Realtor Portsmouth, Jewel of the NH Seacoast

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Address: ATTN: Jim Lee , 150 Mirona Road, Portsmouth, NH, 03801

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