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Prizes for listings - Ethical, maybe, but misleading...

By
Real Estate Agent with Equity Real Estate - Davis Co. Office

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?

Nima Rezvan CT Lender CT Senior Mortgage Broker
Nima Rezvan Prosper First Funding Corporation NMLS#110681 - Fairfield, CT
First Time Home Buyer Expert - CT FHA Loans - FHA
Nilton, my aunts husband has a radio ad running right now that says work with me and I will pay for your trip to Europe.  Not sure if there are any restrictions to it but I am sure there is.  I am pretty sure that no one will just list with him and there is no sale and then would expect a trip to France?  Good blog to see what others have to say.
Dec 24, 2006 03:19 PM
Lysa Napolitano
Daytona Beach, FL
Nilton, I've never seen a "prize" promised for a listing here in our area. The big thing now of course is sellers offering a bonus or trip to the buyers agent or a car, tv, 1 yr home warranty to the buyer if the home has a contract before such and such date or closes before such and such date.
Dec 24, 2006 10:52 PM