Code of Ethics
and Standards of Practice
of the National Association of
REALTORS®
Effective January
1, 2002
Preamble
Duties
to Clients and Customers (Articles 1-9)
Duties
to the Public (Articles 10-14)
Duties
to REALTORS® (Article 15-17)
Explanatory
Notes
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Duties
to the Public
Article 10
REALTORS® shall not deny equal
professional services to any person for reasons of race, color,
religion, sex, handicap, familial status, or national origin.
REALTORS® shall not be parties to any plan or agreement to
discriminate against a person or persons on the basis of race,
color, religion, sex, handicap, familial status, or national
origin. (Amended 1/90)
REALTORS®, in their real estate
employment practices, shall not discriminate against any person
or persons on the basis of race, color, religion, sex, handicap,
familial status, or national origin. (Amended 1/00)
• Standard of Practice 10-1
REALTORS® shall not volunteer
information regarding the racial, religious or ethnic
composition of any neighborhood and shall not engage in any
activity which may result in panic selling. REALTORS® shall not
print, display or circulate any statement or advertisement with
respect to the selling or renting of a property that indicates
any preference, limitations or discrimination based on race,
color, religion, sex, handicap, familial status, or national
origin. (Adopted 1/94)
• Standard of Practice 10-2
As used in Article 10 "real
estate employment practices" relates to employees and
independent contractors providing real-estate related services
and the administrative and clerical staff directly supporting
those individuals. (Adopted 1/00)
Article 11
The services which REALTORS®
provide to their clients and customers shall conform to the
standards of practice and competence which are reasonably
expected in the specific real estate disciplines in which they
engage; specifically, residential real estate brokerage, real
property management, commercial and industrial real estate
brokerage, real estate appraisal, real estate counseling, real
estate syndication, real estate auction, and international real
estate.
REALTORS® shall not undertake to
provide specialized professional services concerning a type of
property or service that is outside their field of competence
unless they engage the assistance of one who is competent on
such types of property or service, or unless the facts are fully
disclosed to the client. Any persons engaged to provide such
assistance shall be so identified to the client and their
contribution to the assignment should be set forth. (Amended
1/95)
• Standard of Practice 11-1
When REALTORS® prepare opinions of
real property value or price, other than in pursuit of a listing
or to assist a potential purchaser in formulating a purchase
offer, such opinions shall include the following:
1) identification of the subject
property
2) date prepared
3) defined value or price
4) limiting conditions, including
statements of purpose(s) and intended user(s)
5) any present or contemplated
interest, including the possibility of representing the
seller/landlord or buyers/tenants
6) basis for the opinion, including
applicable market data
7) if the opinion is not an
appraisal, a statement to that effect (Amended 1/01)
• Standard of Practice 11-2
The obligations of the Code of
Ethics in respect of real estate disciplines other than
appraisal shall be interpreted and applied in accordance with
the standards of competence and practice which clients and the
public reasonably require to protect their rights and interests
considering the complexity of the transaction, the availability
of expert assistance, and, where the REALTOR® is an agent or
subagent, the obligations of a fiduciary. (Adopted 1/95)
• Standard of Practice 11-3
When REALTORS® provide consultive
services to clients which involve advice or counsel for a fee
(not a commission), such advice shall be rendered in an
objective manner and the fee shall not be contingent on the
substance of the advice or counsel given. If brokerage or
transaction services are to be provided in addition to
consultive services, a separate compensation may be paid with
prior agreement between the client and REALTOR®. (Adopted 1/96)
• Standard of Practice 11-4
The competency required by Article
11 relates to services contracted for between REALTORS® and
their clients or customers; the duties expressly imposed by the
Code of Ethics; and the duties imposed by law or regulation.
(Adopted 1/02)
Article 12
REALTORS® shall be careful at all
times to present a true picture in their advertising and
representations to the public. REALTORS® shall also ensure that
their professional status (e.g., broker, appraiser, property
manager, etc.) or status as REALTORS® is clearly identifiable
in any such advertising. (Amended 1/93)
• Standard of Practice 12-1
REALTORS® may use the term
"free" and similar terms in their advertising and in
other representations provided that all terms governing
availability of the offered product or service are clearly
disclosed at the same time. (Amended 1/97)
• Standard of Practice 12-2
REALTORS® may represent their
services as "free" or without cost even if they expect
to receive compensation from a source other than their client
provided that the potential for the REALTOR® to obtain a
benefit from a third party is clearly disclosed at the same
time. (Amended 1/97)
• 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)
• Standard of Practice 12-4
REALTORS® shall not offer for
sale/lease or advertise property without authority. When acting
as listing brokers or as subagents, REALTORS® shall not quote a
price different from that agreed upon with the seller/landlord.
(Amended 1/93)
• Standard of Practice 12-5
REALTORS® shall not advertise nor
permit any person employed by or affiliated with them to
advertise listed property without disclosing the name of the
firm.
(Adopted 11/86)
• Standard of Practice 12-6
REALTORS®, when advertising
unlisted real property for sale/lease in which they have an
ownership interest, shall disclose their status as both
owners/landlords and as REALTORS® or real estate licensees.
(Amended 1/93)
• Standard of Practice 12-7
Only REALTORS® who participated in
the transaction as the listing broker or cooperating broker
(selling broker) may claim to have "sold" the
property. Prior to closing, a cooperating broker may post a
"sold" sign only with the consent of the listing
broker. (Amended 1/96)
Article 13
REALTORS® shall not engage in
activities that constitute the unauthorized practice of law and
shall recommend that legal counsel be obtained when the interest
of any party to the transaction requires it.
Article 14
If charged with unethical practice
or asked to present evidence or to cooperate in any other way,
in any professional standards proceeding or investigation,
REALTORS® shall place all pertinent facts before the proper
tribunals of the Member Board or affiliated institute, society,
or council in which membership is held and shall take no action
to disrupt or obstruct such processes. (Amended 1/99)
• Standard of Practice 14-1
REALTORS® shall not be subject to
disciplinary proceedings in more than one Board of REALTORS® or
affiliated institute, society or council in which they hold
membership with respect to alleged violations of the Code of
Ethics relating to the same transaction or event. (Amended 1/95)
• Standard of Practice 14-2
REALTORS® shall not make any
unauthorized disclosure or dissemination of the allegations,
findings, or decision developed in connection with an ethics
hearing or appeal or in connection with an arbitration hearing
or procedural review. (Amended 1/92)
• Standard of Practice 14-3
REALTORS® shall not obstruct the
Board's investigative or professional standards proceedings by
instituting or threatening to institute actions for libel,
slander or defamation against any party to a professional
standards proceeding or their witnesses based on the filing of
an arbitration request, an ethics complaint, or testimony given
before any tribunal. (Adopted 11/87, Amended 1/99)
• Standard of Practice 14-4
REALTORS® shall not intentionally
impede the Board's investigative or disciplinary proceedings by
filing multiple ethics complaints based on the same event or
transaction. (Adopted 11/88)
Preamble
Duties
to Clients and Customers (Articles 1-9)
Duties
to the Public (Articles 10-14)
Duties
to REALTORS® (Article 15-17)
Explanatory
Notes
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to Real Estate Info