NAR has updated Article 10 of the Code of Ethics. Must Read!

By
Real Estate Agent with HomeSmart Real Estate BR030809000 AZ Broker BR030809000

 

As I posted about a few weeks or so ago NAR was stated it would be changing  Article 10 of the Code of Ethics.  It's official.  It would be a good idea to review the change. The update states it won't effect anyone negatively going backwards but it will going foward. This update begins today.

 

What are your thoughts?

 

 

 

 

We Don't Tolerate Hate

 

NAR's Board of Directors today strengthened REALTORS®' commitment to upholding fair housing ideals, approving a series of recommendations from NAR's Professional Standards Committee that extend the application of Article 10 of the Code of Ethics to discriminatory speech and conduct outside of members' real estate practices.

 

Article 10 prohibits REALTORS® from discriminating on the basis of race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity in the provision of professional services and in employment practices. The Board approved a new Standard of Practice under the Article, 10-5, that states, “REALTORS® must not use harassing speech, hate speech, epithets, or slurs” against members of those protected classes.

 

The Board also approved a change to professional standards policy, expanding the Code of Ethics' applicability to all of a REALTOR®'s activities, and added guidance to the Code of Ethics and Arbitration Manual to help professional standards hearing panels apply the new standard.

 

Finally, Directors approved a revision to the NAR Bylaws, expanding the definition of “public trust” to include all discrimination against the protected classes under Article 10 along with all fraud. Associations are required to share with the state real estate licensing authority final ethics decisions holding REALTORS® in violation of the Code of Ethics in instances involving real estate-related activities and transactions where there is reason to believe the public trust may have been violated.

 

The Board made these changes effective immediately, though the changes cannot be applied to speech or conduct that occurred before the effective date. NAR has produced training and resource materials to assist leaders with understanding and implementing the changes and will be rolling those out in the coming weeks.

 

 

NAR has updated Article 10 of the Code of Ethics.  A Must Read!

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Anna “Banana” Kruchten

Broker, CRS, CRB

HomeSmart Real Estate

602-380-4886

Certified Residential Broker  CRB

Certified Residential Specilist CRS

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Comments (52)

Anne Edwards Johnson
JP and Associates - Austin, TX
Austin Realtor | HookemhomesATX (512)917-5260

When will political lean be a protected class?  Hmmm......

Nov 16, 2020 09:00 PM
Anna Banana Kruchten CRS, CRB, Phoenix Broker

Good question Anne Edwards Johnson ?

Nov 17, 2020 09:11 AM
Nathan Gesner
American West Realty and Management - Cody, WY
Broker / Property Manager

Yep, pretty soon we won't be able to keep our job if we claim to believe the Bible.

Nov 16, 2020 09:04 PM
Anna Banana Kruchten CRS, CRB, Phoenix Broker

That is a crazy thought Nathan Gesner . Why anybody has an issue with freedom of religion is beyond me. Our country was founded on freedom of religion.

Nov 17, 2020 09:12 AM
Doug Patterson

...or maybe if we don't get a vaccine? Just sayin'.

Nov 25, 2020 07:14 PM
Robert Schneider

Precisely.  This change opens a broad avenue for controlling attitude, not action.  They want your conscience in the war of one group against another.  

Nov 26, 2020 07:10 AM
Bruce Hicks
Best Homes Hawaii - Honolulu, HI
Your Best Hawaii Realtor!

Makes me think of the song "He's Got the Whole World In His Hands!" or Anna Banana Kruchten CRS CRB, Phoenix Broker the WORDS "ALL Lives Matter".

Nov 17, 2020 03:18 AM
Anna Banana Kruchten CRS, CRB, Phoenix Broker

Hi Bruce Hicks he does indeed!  Thanks for stopping by and it's great to see you!

Nov 17, 2020 09:13 AM
Larry Lawfer
YourStories Realty Group powered by Castles Unlimited® - Newton, MA
"I listen for a living." It's all about you.

William Stelling No picture is an indication of something here where transpanency reigns. Your fear based ramble misses the true point that NAR and our code of ethics guids us.  Your point that lawyers and the general public will grap at any written document and atttempt to bend the words to their needs.  Let's not look at that behavior and stand and applaud that our industry, so vital to our economy, is once again stepping up and standing up for all people.

Thank you Anna Banana Kruchten CRS CRB, Phoenix Broker for always keeping us informed.

Nov 17, 2020 04:19 AM
William Stelling

Larry Lawfer, I just signed up to comment on this report. My picture has NO BEARING on the conversation, nor does it somehow invalidate who I am or make me suspect. Quite frankly it's a stupid comment. Just because I didn't upload a picture doesn't change the premise. More importantly, you are flatly wrong. Half of everyone here jumped to politics IMMEDIATELY which proves my point in and of itself. I'm sorry that you don't know what I look like. NAR getting into peoples personal lives outside of our Real Estate activities is a huge concern especially in today's political climate. I am not the only person who voiced it. Comments like yours seem more of an attempt to shame people into silence and you cannot silence me. If you don't like my "rant" you are welcome to walk on by. I stand 100% by what I said and I have every right to be concerned about the encroachment into our personal lives. Civil liberties get eroded one at a time and soon we will all wake up without them. I think you are naive to think this will not be used beyond it's "intention".

Nov 17, 2020 07:39 AM
Cheryll Woods-Flowers
Cheryll Woods-Flowers, Mt. Pleasant Home Team - Charleston, SC
Home Grown on Charleston's Shore

I have read this change in detail a number of times and I have some concerns for a number of reasons...

First...I have a problem with the passage of this huge change during the Pandemic.  Like many others that I know, I have not been as diligent in following some things as I normally would be so I didn't know that it was being considered until it was passed.  The change apparently did not go through the normal process and appears to be  somewhat of a knee jerk reaction.  I think that the NAR membership would have been better served if it has run a normal course when there could have been more public input and discussion.

Second...I am always very careful about my comments, trying always not to offend others but the simple fact is that this rule can be enforced in a capricious and arbitrary fashion, which means that someone's career can be ruined because of a misunderstanding, difference of opinion, or even some vendetta that someone may have.  Add to that some potential conflict that may exist with laws surrounding Freedom of Speech and the problem with enforcing this and it all adds up to some serious problems.  Remember that this rule applies to what someone does outside of their activities as a Realtor.

Some long time Realtors that I have discussed this with have even suggested that they may no longer remain Realtors because they feel like it may be more liability than benefit.

I sincerely hoipe that NAR will reconsider the position that they have taken...

Nov 17, 2020 05:13 AM
Anna Banana Kruchten CRS, CRB, Phoenix Broker

Hi Cheryll Woods-Flowers thank you for your thoughts. You have raised some very important ideas that do require pondering. 

Nov 17, 2020 09:16 AM
Robert Schneider

Well put.  Thank you.  The standards are not specific despite what the NAR says in their defense.  My hate speech isn't your hate speech isn't Joe's hate speech, etc.  The dictionary definitions cited in the NAR statement won't rule the day in any disciplinary action, it will be the subjective mind of someone who believes they've been aggrieved.  There's no end of mischief ahead. 

Nov 26, 2020 07:16 AM
Chuck Tanner
Keller Williams Realty - Atlanta, GA
Associate Broker "Let's Get You Moving"

Cheryll, I was just thinking there could be a mass exodus from NAR! I don't like the direction we are headed in as a Country. One has to wonder, just where are we headed and where will we end up when we land?  I think the PC is out of control. 

Nov 17, 2020 05:54 AM
Anna Banana Kruchten CRS, CRB, Phoenix Broker

Hi Chuck - we'll see what happens.  It has stired up a lot of thoughts which is a good thing.

Nov 17, 2020 09:17 AM
Eileen Burns
Trans State Commercial RE Ft. Lauderdale/Miami/Palm Beach - Fort Lauderdale, FL
FL Probate Agent, Hotel & Land Specialist

Over reach!  Mandated languaage about a realtor's personal life crosses the line of business life.  Political correctness is absurb.  Treat people like you would want to be treated.  No special interest groups.  I cannot believe my Board recommended who to vote for in the recent election...really!

Nov 17, 2020 06:54 AM
Lyn Sims

Have to agree with a 'recommendation' for the election. Where? who? is that part of the board mandates?

Nov 17, 2020 07:33 AM
Anna Banana Kruchten CRS, CRB, Phoenix Broker

Hi Eileen Burns as we both agree, the vast majority of  agents are good and honorable folks.  The whole PC thing has gone over the top this past 4 years. Thank you for your thoughts.

Nov 17, 2020 09:19 AM
Bruce Minter

Our Board also makes recommendations on who to vote for. I can figure it out myself. What might be good for the local board may not be good for me.

Nov 17, 2020 12:44 PM
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg Real Estate

Overreach into my personal life. I bet that this statute would not hold water in court but in order to get it there to be abolished someone has to loose their license. 

I want to add that I do not discriminate with any groups across the board. I just think that there are much bigger problems to solve.

Nov 17, 2020 07:32 AM
Anna Banana Kruchten CRS, CRB, Phoenix Broker

Hi Lyn Sims it's interesting for sure. We'll see where it all goes.

Nov 17, 2020 09:19 AM
Robert Schneider

Yes, someone will have to be defamed in a disciplinary action.  The NAR knows this.  That just points up how foolish this action is. 

Nov 26, 2020 07:18 AM
M.C. Dwyer
Century 21 Showcase REALTORs - Felton, CA
MC Dwyer-Santa Cruz Mountains Property Specialist

Fascinating.    Naturally I abhor hate speech regardless of any rules.     Still, I agree with other 'rainers that this goes beyond normal standards of practice for any profession.   

Nov 17, 2020 08:37 AM
Anna Banana Kruchten CRS, CRB, Phoenix Broker

Hi M.C. Dwyer I too thought about what other profession would take it to this level?   It's worth considering that for sure.

Nov 17, 2020 09:20 AM
Rich Jacobson
Fathom Realty West Sound - Poulsbo, WA
Your Kitsap County WA Real Estate Broker

Just a few thoughts....

This should apply to everyone, not just protected classes.

What constitutes 'hate speech?' Who will determine the definition?

We talk about the COE as being one the primary differentiations of value to those of us who are REALTOR members. But has it resulted in improving our collection image/reputation to consumers over the years?

We need to take a hard look at the entire process of reporting and imposing a violation of the COE. The overwhelming majority of potential violations are never reported. People feel the process is too difficult, time consuming, and may have negative impact on their business. There is a huge amount of confusion and misinformation about what all constitutes a violation of the specific articles of the COE.

No doubt these recently approved changes are, in some measure, a response to what occured on Long Island. But there is obviously cultural pressure to jump onto the social justice bandwagon. Our NAR Presidents recent quote invoking support for Black Lives Matter simply confirms that.

While I believe the intentions of the committee were mostly well-intentioned, I believe they will only cause greater division among the rank & file of NAR.

Nov 17, 2020 12:01 PM
Anna Banana Kruchten CRS, CRB, Phoenix Broker

Hi Rich Jacobson thank you for your thoughtful comment.  You bring up a lot of good points.  There is a lot of push back going on about this issue and expect it will continue on. We'll see where it all goes.  Good to see you - it's been awhile. 

Nov 17, 2020 12:29 PM
Greg Mona
eXp Realty - Scottsdale, AZ
Professional Real Estate Representation for YOU!

Thanks for sharing this Anna Banana Kruchten CRS CRB, Phoenix Broker. I was not aware it was even on the radar until you posted this.

A few thoughts...First, if we all followed the Golden Rule, and also heeded the Lord's second most important command "Love one another as I have loved you", then NONE of this would be necessary. Alas, we have to deal with the real world!

While I can understand part of the positive spirit of these changes, I also believe NAR is way overstepping their bounds and that much of this would not be enforceable in a court of law. Most of us treat others with the respect and dignity they deserve, so once again, for the few bad apples out there we all must suffer the consequences.

I predict this proposed language change will be revised quite a bit before it is fully adopted. I suppose time will tell!

Nov 17, 2020 12:47 PM
Anna Banana Kruchten CRS, CRB, Phoenix Broker

Hi Greg Mona you're welcome. I agree with you that most of us are on the good path, follow the golden rule and have respect for others. And for that I am thankful. 


 Well said....


 Most of us treat others with the respect and dignity they deserve, so once again, for the few bad apples out there we all must suffer the consequences.

Nov 17, 2020 01:02 PM
Hannah Williams
HomeStarr Realty - Philadelphia, PA
Expertise NE Philadelphia & Bucks 215-820-3376

Anna Banana Kruchten CRS CRB, Phoenix Broker I also agree with George Souto 100%

Nov 17, 2020 02:41 PM
Anna Banana Kruchten CRS, CRB, Phoenix Broker

Hi Hannah Williams yes he's always thinking which I appreciate.  Thanks for leaving your thoughts!  See you later.  Sorry I missed you all today.....had another must be call with client.

Nov 17, 2020 03:54 PM
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

NAR is simply getting in step with the current social climate.

Free speech under the First Amendment only applies when the government is trying to infringe upon it.

Some commenters would find it educational to do an internet search for "Can hate speech cost you your job?"

Nov 17, 2020 04:34 PM
Wendy Rulnick

Interesting articles.

Nov 18, 2020 06:08 AM
Myrl Jeffcoat
GreatWest Realty - Sacramento, CA
Greater Sacramento Real Estate Agent

I think it's difficult to legislate the mind-set of folks, although NAR may be trying to control any outward expressions of a hate filled mind-set.  Personally, I think NAR's action is sad commentary on the times we find ourselves in.

Nov 18, 2020 04:49 AM
Wendy Rulnick
Rulnick Realty, Inc. - Destin, FL
"It's Wendy... It's Sold!"

Here are NAR's FAQ on article 10.5 limiting freedom of speech. Also notable, Justice Samuel Alito talked recently about protecting freedom of speech before it became a "second tier constitutional right".

Nov 18, 2020 06:14 AM
Amy Gerrish
Realty Executives - Phoenix, AZ
Realtor - Phoenix to San Tan Valley

X

Nov 18, 2020 10:57 AM
Lee R Smith
The K Company - Colorado Springs, CO
Real Estate Agent serving the Pikes Peak Region

No decent human truly believes that hate is justified or warranted on any level but we must question the reason that NAR felt the need to make this distinction.  We are still a free Country and should not be able to be sued and lose our livelyhood because someone may take offense to something we said.  To me this is part of the cancel culture and should not be tolerated or accepted.  It is extremely concerning that they have the power to make this part of our Ethics without any input from the members that are the body of the organization.  But if we leave NAR then we are not considered a Realtor.....One more troubling thing to look into.

 

Nov 23, 2020 12:26 PM
Doug Patterson
Mountain Lake Paradise Realty - Seneca, SC

After 40 years of seeing seeing the PC culture grow (starting in the military with the "Perception Is Reality" garbage), the power always ends up in the hands of professional victims. "Hate speech" can - and will - mean anything. Just watch. This will be used as a weapon against any speech the left doesn't like, even totally innocuous comments taken way out of context. Seeing from another comment here that NAR officials have voiced support for BLM should sound alarms. Combine that with their decree extending Article 10 into all areas of our lives and you have a 5 alarm social justice fire. I fully agree with the thought expressed by others here that we should all treat EVERYONE with respect and basic human dignity. We always have and always will. Some won't be satisifed with that however. Beware.

Hey NAR! What we do in our private lives is none of your beeswax. Butt out.

Nov 25, 2020 06:59 PM
Robert Schneider

Amen.  Watch out.  It won't be long before they will be maintaining social media rap sheets on us. 

Nov 26, 2020 07:23 AM
William Stelling

I agree 1000%. This is a disaster and there is no way that with the NAR being in the bag for BLM that they won't "interpret" anything that doesn't fully acquiesce to their viewpoint in a way that wasn't intended by author. I've already had my comment taken down here and there nothing wrong with my original comment. Censorship is alive and well within the NAR.

Nov 25, 2020 09:34 PM
Jan Green
Value Added Service, 602-620-2699 - Scottsdale, AZ
HomeSmart Elite Group, REALTOR®, EcoBroker, GREEN

When this situation was reviewed at my Director meeting it made total sense.  Why would any of us act in that manner outside of a real estate transaction anyway?  It was voted unanimously that this shouldn't happen in real estate.  Are we just a bunch of liars in business - I think not!  

Nov 27, 2020 06:48 AM

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