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Understanding the Realtor® Code of Ethics: Article 14 - Handling Ethics Violations

By
Real Estate Agent with The Artisan Group- Keller Williams Premier Realty

It happens. Ethic violations happen - whether intentionally or not. Then there are times where there is NOT an ethics violation, but someone thinks that there is. The National Association of Realtors® has an extensive Code of Ethics that Realtors® are held to. These are the ethical guidelines on dealing with an ethics violation -either as the accused or the accuser.

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, REALTORS® 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.

There are four important points to understand, regarding this particular article:

  1. A Realtor® cannot be "tried" in more than one "Board of REALTORS® or affiliated institute, society or council in which they hold membership" regarding any alleged ethics violation. So, let's say that Realtor® Ray was a member to both the Pikes Peak Association of Realtors® and the South Denver Metro Realtor® Association. One day he gets an ethical complaint filed against him. This allegation can only go through ONE of the boards that he is a member of. Basically, no duplicate allegations.
  2. Realtors® are not allowed to disclose any allegations or developments regarding an "ethics hearing or appeal or in connection with an arbitration hearing or procedural review." If the allegations prove to be false, and another Realtor® is out blabbing about it, it could seriously damage the reputation of the "defending" Realtor®. That is just not fair.
  3. No Realtor® shall "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." ...Don't be a jerk. There is absolutely no reason to make an ethics hearing more difficult than it has to be.
  4. A Realtor® may NOT file more than one complaint about the same event. It muddies up the system and makes it very hard to get down to what "really" happened.

In many cases, an ethics violation is unintentional, and can be remediated without a full Ethics Hearing. A very common answer to an unintentional Ethics Violation is for the offender to take an Ethics Course through the local board of Realtors®. Now, Realtors® ARE required to take these classes on a regular basis, but a "refresher" may be needed more frequently in some situations.

Please check out my previous posts on Understanding the Realtor® Code of Ethics: Articles 1-14

Posted by

       Posted By: Derek and Mariana Wagner - Springs Top Agents

Keller Williams Premier
(719) 434-7525    SpringsTopAgents.com

Lynda Eisenmann
Preferred Home Brokers - Brea, CA
Broker Associate ,CRS,GRI,SRES, Brea,CA, Orange Co

Hi again,

Thanks for the response. As far as being stressed as an arbitrator, not really.  It's interesting and informative more than anything.  Yet it does come with responsibility.

Our ombudsman program has only been in existence for a few years, but successful at this point.  It's not much more than a series of phone calls trying to solve issues (between the parties) prior to filing for mediation or arbitration. This can some time help resolve issues. 

Mediation is also big for our AOR, something we are actively promoting.  That way the Realtors or members of the public normally come to a "meeting of the minds" (mutual agreement)  as opposed to the arbitrators making a decision.  It's also a little more cost effective for those involved

Thanks again for the valuable post, I wish more Realtos would read it. 

Mar 06, 2007 01:56 PM
Rick & Ines - Miami Beach Real Estate
Majestic Properties - Miami Beach, FL
Your hard work really pays off Mariana, to think that you have been the instrument to the understanding of the COE by many has to be a great feeling.  Congrats!
Mar 06, 2007 02:34 PM
Edite Liepina-Lawrence
ERA Tradewind Real Estate - Longmont, CO
Good stuff, good reminder! Thanks!
Mar 06, 2007 02:42 PM
Randy L. Prothero
eXp Realty - Hollister, MO
Missouri REALTOR, (808) 384-5645

Great post. 

I cracked up watching the local news.  Our state legislators are trying to pass a law requiring themselves to get ethics training.  Unfortunately experts believe you can not teach ethics to politicians.

Mar 06, 2007 05:45 PM
Wayne B. Pruner
Oregon First - Tigard, OR
Tigard Oregon Homes for Sale, Realtor, GRI
We have a Grevience Committe that decides if there even is a violation before it goes any farthur.
Mar 06, 2007 06:15 PM
Julie Chapman
Julie Chapman Broker - Ormond Beach, FL
Daytona Beach Shores, Florida
If I recall correctly, the National Association of Realtors has an online ethics course for free for its members.  Somer states also give continuing education hours for this. 
Mar 06, 2007 09:14 PM
Ann Cummings
RE/MAX Shoreline - NH and Maine - Portsmouth, NH
Portsmouth NH Real Estate Preferrable Agent

Mariana - you just keep on keeping on with these terrific posts about the COE.  These really should all be required reading.  You do such a great job breaking it down so that each Article is easily understood by those who find these so dry.

Nice job!
Ann

Mar 06, 2007 10:18 PM
Maggie Dokic /Indialantic | 321-252-8696
Magdalena Dokic - Indialantic, FL
Selling the beach in Florida's space coast

Mariana, I don't believe I've told you how appreciative I am of this series.  Well, I am!  I am going back to article 1.  You have quite the knack for making this digestible; entertaining even.  Most importantly, we get it.  You would have made an awesome teacher.  I am glad you're a REALTOR and sharing with us instead =)  Thank you.

May I comment on one of your comments, please?  Lynda, your words of wisdom show up in all your comments.  You share them here, there and everywhere.  I know you're a busy lady, but I eagerly await your putting some of your great experience into your blogs.  I'm learning from your comments, imagine how much more I can learn from your blogs!

Mar 06, 2007 11:35 PM
Anonymous
Anonymous

Lynda- I would agree that an ombudsman program WOULD help with costs and time. I wonder if our board has any plans to initiate something like that.

Ines- Thank you! I like doing this, so it really helps.

Edite- Thank you. :o)

Randy - That is too funny! Politicans and ethics ... Hmmm... That is a new one!

Wayne- We do too. It really helps filter out much of the nonsense.

Julie- Our Ethics course is from the GRI training and I believe that classroom time is mandatory, here. But the online one is a great supplement.

Ann- :o) Thanks!

Maggie- Thank you! I like doing this. Funny thing ... I was a HS teacher in my "past life" ... and I am an instructor for Keller Williams, too. :o)

Mar 07, 2007 01:35 AM
#25
Anonymous
Mariana Wagner
(That was me who just left those comments...)
Mar 07, 2007 01:36 AM
#26
William J. Archambault, Jr.
The Real Estate Investment Institute - Houston, TX

Mariana,

Nice little post.

The Code of Ethics and Article 14 are the reason everyone needing a real estate broker should insist on a REALTOR®!

If you've got a complaint it's likely going to cost at least $10,000.00 to retain an attorney, that means your loss has to be very larger to sue. Justice is often denied because the parties can't afford it. Your E & O insurance will settle to avoid going to court and then raise your rates, even when you were right.

In most cases only the local Professional Standards Committee offers the consumer and yes the REALTOR® any affordable justice.

I've served on the Committee and the only thing I can tell you is that most of the time they resolve the problem amicably. I was in front of the Committee only once, I sat there as they patiently allowed the seller and his attorney to bad mouth me for more than two hours, before they suggested to the plaintiff that he settle with me before the court date (part of his complaint was that I had sued him). He stormed out, five days later it took less than 10 minutes for a Judge to grant me summery judgement for all I ask and my cost.

I'm a firm believer The Code and Arbitration are well worth any premium dealing with a REALTOR®!

Bill

William J Archambault Jr

The Real Estate Investment Institute

http://www.reii.org

Mar 07, 2007 06:03 AM
Heather Saul
Weichert Realtors Hoey Group - Wildwood, NJ
Maraina...  I have checked out all of the articles in this series and they are very helpful.  Thanks again.
Mar 07, 2007 07:52 AM
Lynda Eisenmann
Preferred Home Brokers - Brea, CA
Broker Associate ,CRS,GRI,SRES, Brea,CA, Orange Co

Hi Mariana,

I'm not sure how many boards/associations out there actually have the ombudsman program. I think San Diego may have been one of the early pioneers in so. cal., but I'm not sure.  Maybe something for yours to consider in the pro-standards arena at some point. I'll follow up more off blog, if you  like.  And thank you again for your insightful posts, everything you do is so informative.  I look forward to reading more.

I also agree with Bill, it's costly, even if your are absolutely in the right. Unfortunately we have all become targets, taking whatever is thrown at us at times in the field of r.e. 

And if it's not too inappropriate, t.y. Maggie.

Btw, Mariana, I used a little of one of your prior "dialogues" on a listing appt. the other evening, it went well. Thanks!

 

 

Mar 07, 2007 12:08 PM
Derek and Mariana Wagner
The Artisan Group- Keller Williams Premier Realty - Colorado Springs, CO
The Artisan Group - Colorado Springs REALTORS®

Bill- Thank you for your valuable input. You're so right - It can be very costly. Very.

Heather- I'm glad that you liked them!

Lynda- Great picture! Which dialogue was that?

Mar 07, 2007 01:15 PM
Monika McGillicuddy
Berkshire Hathaway HomeServices Verani Realty - Hampstead, NH
Southern NH & the Seacoast Area
Mariana...Sorry I am so late commenting on this! Great job on Article 14. Your COE series is fanatic and should be required reading for every REALTOR! Kudos to you!
Mar 10, 2007 07:24 AM
Derek and Mariana Wagner
The Artisan Group- Keller Williams Premier Realty - Colorado Springs, CO
The Artisan Group - Colorado Springs REALTORS®
Hi Monika- We all have been quite busy, from what I can tell. I am glad that you stopped by, and thank you!
Mar 10, 2007 09:25 AM
Lynda Eisenmann
Preferred Home Brokers - Brea, CA
Broker Associate ,CRS,GRI,SRES, Brea,CA, Orange Co

Hi Marian,

So sorry for the delay in getting back to you with that dialogue (r.e. got in the way recently) and now I can't find the answer to your question anywhere. Sorry about that! It was about your online marketing.

 

 

Mar 10, 2007 02:05 PM
Derek and Mariana Wagner
The Artisan Group- Keller Williams Premier Realty - Colorado Springs, CO
The Artisan Group - Colorado Springs REALTORS®
How dare you let real estate get in the way of blogging on Active Rain??? :o)
Mar 10, 2007 02:13 PM
Derek and Mariana Wagner
The Artisan Group- Keller Williams Premier Realty - Colorado Springs, CO
The Artisan Group - Colorado Springs REALTORS®

Browning, Thank you for your comment. Please allow me a bit of time to look into this... Thank you.

Mar 28, 2007 11:48 AM
Derek and Mariana Wagner
The Artisan Group- Keller Williams Premier Realty - Colorado Springs, CO
The Artisan Group - Colorado Springs REALTORS®

Browning- I have researched your question and ran it by an Ethics authority, THe answer is quite long, so I have posted it HERE for you to read when you have a few minutes. Thank you again for your comment and question. I hope it all works out for you.

-Mariana

Mar 29, 2007 08:26 AM