StraightTalk is a great place to start learning how living the code can help improve your business, but it’s no legal substitute for the Code of Ethics.
Thoughts on Article 14
Be honest. Be direct. Be thorough.
If you are ever charged with unethical practice, or asked to present evidence or cooperate in any professional standards investigation, you have to give all the pertinent facts to the people or board conducting the investigation. Be honest. Be plain. Be thorough. Don’t hinder the investigation or the process.
Standard of Practice 14-1
If you are an affiliate of more than one Board of REALTORS® (or affiliated institute, society or council), you can’t be subject to disciplinary proceedings for any alleged violations in more than one association for the same transaction or event.
Standard of Practice 14-2
If you become involved in a disciplinary proceeding, you can’t talk about the allegations, findings, or decisions without authorization. Don’t talk about the case, the people, the details, the finding—anything.
Standard of Practice 14-3
If an ethics complaint is filed against you, you can’t obstruct the investigation or the proceedings by filing or threatening to file a lawsuit for libel, slander or defamation against anyone connected to the matter. That includes members of the professional standards committee, witnesses or anyone else.
You can’t impede the Board’s investigative or disciplinary proceedings by continuously filing multiple ethics complaints over the same event or transaction.
Next: Tempted to gossip? Hold your tongue.
Terms to Know:
Before we begin, there are several terms that appear in the Code of Ethics that could use a little clarification:
Client is anyone that you or your firm has a formal agreement to work with. It could be an agency relationship or you could be providing a non-contracted service.
Customer is a party to a real estate transaction who receives information, services or some other benefit from you, but doesn’t have a contract with you or your firm.
Prospect is a buyer, seller, tenant or landlord with whom you or your firm has no contract. An agent is anyone with a real estate license (though not necessarily a REALTOR®) acting in an agency relationship as defined by Virginia law.
Broker is someone with a real estate license (including brokers and sales associates) acting in an agency relationship as defined by state law or regulation; and “broker” means a real estate licensee (including brokers and sales associates) acting as an agent or in a legally recognized non-agency capacity.
REALTOR® is someone who has earned his/her real estate license and also earned the right to use the title. REALTORS® serve many roles in different real estate transactions. For our purposes, we mean the term to be all inclusive, whether the REALTOR® represents a buyer, seller, tenant or landlord. Whether they provide contracted services or provide a service without a contract.