Illegal, unethical, immoral, or against the rules?

By
Real Estate Broker/Owner with Richard Weisser Realty

Illegal, unethical. or against the rules by Richard WeisserAgents and brokers often become confused about real estate rules and regulations. Many times the words “illegal,” "immoral" or “unethical” are bantered about without so much as a thought as to whether or not the term applies.

And it’s easy to understand the source of the confusion. There are many levels of governance that apply to real estate sales in every municipality from sea to shining sea.

First of all, there are federal laws that apply nationwide. Two good examples are the Fair Housing Act of 1968 and the Lead Paint Hazard Reduction Act of 1992.

Then there are State and Municipality laws that are applicable. In Georgia, there are two separate sections of black letter law that apply to real estate brokerage.

Next, there are rules and regulations that are set in place by bureaucratic institutions that are authorized to do so. In Georgia, the Georgia Real Estate Commission has such regulatory authority.

Next, there are voluntary controls which are either accepted by agreement or by contract.

Many agents and brokers choose to subscribe to a Code of Ethics or some other declaration of standards. They are neither codified in law nor regulated by public authority.

Morality is subjective and is nearly impossible to measure. Community standards, personal convictions, and suggested tenets are often held as benchmarks but it is nearly impossible to assess behavior against these standards in most situations.

Also, brokers that choose to belong to an MLS or other mutually beneficial arrangement often agree to certain rules and limitations by contractual agreement. This governance is self-imposed and has no statutory authority other than civil contract law.

Illegal? Laws vary from state to state and municipality to municipality.

Unethical? Not every agent or broker subscribes to an ethical standard.

Immoral? How do you know?

Against the rules? Has the broker agreed to follow certain rules?

 

Many times the correct answer is “none of the above!”

Comments (49)

Richard Weisser
Richard Weisser Realty - Newnan, GA
Richard Weisser Retired Real Estate Professional

I think that the point that I was trying to make is that we should never assume that WE are judges or lawyers, definers of ethics, moral compasses, or interpreters of rules.

The law is the law, but it is subject to interpretation.

Ethics are defined, but are not universal in most cases.

Morality is completely subjective.

And many rules are by mutual agreement.

The point is this:

We should NEVER assume that our interpretation of the law, subscription to an ethical constitution, personal morality, or even the application of a rule is correct.

That is why there are courts, grievance committees, confessionals and compliance departments!

May 30, 2014 10:10 PM
Richard Burge Realty/ Burge Homes
Richard Burge Realty/Burge Homes - Conway, SC
Broker in Charge/Owner

I just let the buyers buy and the sellers sell but I give guidence to each side I represent.  I have talked sellers out of selling because their motive to sell was fear of the future.  Being fearful over what if's is never a reason to sell.  I have talked buyers out of buying because the home was not right for them.  Example an old lady widow wanting to buy a home with a lot of stairs up to the master bedroom when a ground floor master would have suited her needs better.  But in the end I let them make their own decisions right or wrong but I lease I told them IN MY OPINION.

May 30, 2014 10:16 PM
Donna Yates
BHGRE - Metro Brokers - Blue Ridge, GA
Blue Ridge Mountains

Dare I say it, well, yes I will.  Just like the IRS, too much government, too many rules and regulations.  Is it any wonder we all are confused at time!  Those half answers we get from attorneys makes you wonder too, if they are confused as well.  I subscribe to the belief that most real estate agents really try to do their best but sometimes it feels like we have to do our best with both hands tied behind our backs and a piece of duct tape over our mouths. Don't get me wrong, reasonable rules and regulations are absolutely needed along with good common sense, but too much regulation sometimes feels like we are set up for failure and can be a serious obstacle to serving our clients best interest when I know that it's all designed to actually better serve our clients best interest.  I guess it's one of those unintended consequences, we hear so much about these days. 

May 30, 2014 10:44 PM
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

Well put Richard on your answer to comments. We bare told not to act like attorneys, and like the movie Rashomon, multiple people can see an event and the recollections don't match up. I havealways said that truth extends to the end of my nose and I should never assume that everyone agrees with me.

May 30, 2014 10:59 PM
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Richard, I say there are always two sides to every story. Often we don't get to hear the other side of the argument. Jumping to conclusions always results in wrong assumptions.

May 30, 2014 11:11 PM
Bruce Kunz
C21 Solid Gold Realty, Brick, NJ, 732-920-2100 - Howell, NJ
REALTOR®, Brick & Howell NJ Homes for Sale

Good Post, Richard. Our opinion of a situation is based on our different experiences & education and is just that: our opinion. Remaining open to others opinions is an education in itself.

May 30, 2014 11:27 PM
Brian Schulman
Coldwell Banker Residential Brokerage, Lancaster PA - Lancaster, PA
Lancaster County PA RealEstate Expert 717-951-5552

If we stay away from unethical, we will be less likely to fall afoul of the laws as well.

May 30, 2014 11:30 PM
Teral McDowell
Referral Patners LLC - Murphy, TX

Do unto others as you would like for others to do unto you aka the golden rule and how you judge you will be judged are good principles to live by especially if you are so inclined to believe the good book. Richard, your points are well-said and worthy of another read (came over from Eric's reblog).

May 30, 2014 11:32 PM
Mark Neighbor
A O Home Solutions - Sell House Georgia - Buy House Georgia - McDonough, GA
Sell House Fast In Georgia

Thanks for the article. Really good stuff to think about . Not everyone thinks alike or has the the same ethics.

May 30, 2014 11:40 PM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Of one thing I can be sure.

Write a post advertising Buyer Rebates or Buyer Bonuses and some agent who doesn't, will write about how unethical Buyer or Buyer Bonuses are.

 

May 31, 2014 12:20 AM
Tyler Smith
Realty ONE Group Unlimited - Elizabethtown, PA
Homes for Sale - Elizabethtown, PA

I rarely hear those terms thrown around.  

May 31, 2014 12:45 AM
Bill Roberts
Brooks and Dunphy Real Estate - Oceanside, CA
"Baby Boomer" Retirement Planner

Hi Richard, I'm a new reader of your blog. Expect to see me back.

They say the  law is the law, but ethics depends on whose ox is being gored.

Bill Roberts

 

May 31, 2014 01:23 AM
Lynn B. Friedman CRS Atlanta GA 404-939-2727
Atlanta Homes ODAT Realty - Buckhead - Midtown - Westside ... Love our City - Love our Clients! - Atlanta, GA
Concierge Service for Our Atlanta Sellers & Buyers

Dear Richard,
Love to read your thought-provoking posts. You always give me things to ponder.
Have a happy day -
Lynn

May 31, 2014 01:49 AM
Tammie White, Broker
Franklin Homes Realty LLC - Franklin, TN
Franklin TN Homes for Sale

My brokerage recently implemented a change that the agents to a transaction can't prepare a Personal Property Bill of Sale. Personal property isn't covered under our E&O. So now, if a buyer wants to ask for personal property as part of the transaction, we can't prepare and add the Personal Property Bill of Sale to the contract. It's going to make it messy since other brokers aren't taking this stance. It's just one example of a rule that one brokerage may have and another doesn't.

May 31, 2014 02:06 AM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

Right / wrong.  Good / bad.  I wish is would be that easy.  It's not, so when the rules are broken, more get written.  Doing the right thing sure does solve a lot.

May 31, 2014 02:33 AM
Margaret Goss
Baird & Warner Real Estate - Winnetka, IL
Chicago's North Shore & Winnetka Real Estate

It's very hazy out there regarding these terms.  People are quick to say something is such-and-such because they are angry or frustrated.  But it doesn't mean that someone is actually guilty of such-and-such.

May 31, 2014 03:58 AM
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

It can all be very confusing. And it's easy to confuse illegal activities with immoral or unethical ones. Illegal activities can be more black and white, while those that are not ethical are often in shades of gray.

May 31, 2014 04:54 AM
Paul S. Henderson, REALTOR®, CRS
Fathom Realty Washington LLC - Tacoma, WA
South Puget Sound Washington Agent/Broker!

Some agents are jealous of other agents and proclaim one of your definitions above. I wish I would have thought of some of the ideas that propel some to greatness...

May 31, 2014 01:29 PM
Rob Arnold
Sand Dollar Realty Group, Inc. - Altamonte Springs, FL
Metro Orlando Full Service - Investor Friendly & F

Doing real estate investing as about 50% of my business you would not believe all the talk I hear about this is illegal or that is illegal. "You can't assign a contract." "You can't do a double closing." "You can't take over the payments of an existing mortgage."  What they are typically saying is that they are ignorant about creative real estate and how to make real money in the business. 

Jun 01, 2014 04:09 AM
Wayne Zuhl
Remax First Realty II - Cranford, NJ
The Last Name You'll Ever Need in Real Estate

Hi Richard,

There ought to be a category for stupid or ignorant, those are usually what comes up as opposed to illegal or unethical.

Jun 01, 2014 01:07 PM

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