Agents 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!”


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