By Jack Wilkinson
2002 President of the Marin Association of REALTORS®
Jack Wilkinson, GRI, is a 29-year member of the Marin Association of REALTORS®. He is a certified instructor of all phases of real estate education, a trainer of the required ethics introduction for MAR and contributing editor of the newly required real estate course, “Blueprint for Success” published by Kaplan Professional Schools.
It is an excepted law of ethics that punishment in the Court of Conscience, unlike Courts of Law, lessens with each repeated and unrebuked offense.
Joseph S. Auerbach
Article 16
“Respect the exclusive representation or exclusive brokerage relationship agreements that other REALTORS® have with their clients.”
Oh, how tempting it is to want that listing that hasn’t sold. It is a bit overpriced. The yard could use some clean up. And, of course, the interior should be “de-cluttered” and, if not totally staged, at least rearranged.
Lisa answered her cell phone with her usual chirpy greeting, “Hi, this is Lisa, how can I help you?”
“Hello Lisa, this is Mrs. Jones. You showed my home the other day and I wanted to talk to you. Did your buyer like it? Are they going to write an offer?”
Lisa had to think for a moment. Oh yes, I remember, she said to herself, “Messy yard. OK, it needed a bit of trimming and clean up, but it was salvageable. Too much clutter in the rooms, made them look small and uninviting. The kitchen was clean but again, too much stuff on the counters. I mean, it looked like people actually lived there.”
“Yes, Mrs. Jones, I remember now. I was just previewing the property and didn’t have a buyer with me.”
Mrs. Jones responded with a disappointed, “Oh, too bad. I was so hoping you had a buyer. Do you think you might have one, a buyer that is, in the future? We have been having no luck at all. It’s been on the market for three weeks and not one offer, or any interest for that matter. We are getting so discouraged.”
So, reader, what do you think could happen next, should happen next? What would you
do?
Lisa knew this listing was an exclusive with Charley B. In fact, she knew that Charley had sold Mr. and Mrs. Jones this house about 5 years ago. She had a buyer for it then and there was a bidding war that Lisa lost. Her buyers were disappointed, but Lisa found them another house that they liked even more. So, it all worked out in the end.
Here was Mrs. Jones, expressing obvious frustration at not getting her home sold. And Lisa knew, just knew, she could do a much better job of marketing the property than Charley could ever do. Most certainly, a lot better than he had done so far.
Was Mrs. Jones asking her for her opinion on what to do? What did Mrs. Jones really want?
Lisa simply answered with a few suggestions about the yard and general clean up of the clutter. She then went on to tell Mrs. Jones that she would be happy to talk to Charley because she felt rather uncomfortable having this conversation, since Charley was her exclusive agent.
At this point Mrs. Jones said, “I really want another opinion. Charley has been very good to us and for us, but sometimes I just know he is afraid of hurting our feelings. What do you think, Lisa?”
At that point, Lisa’s belief in good karma, good sense, and most of all her commitment to positive ethics, based on the REALTOR® Code of Ethics, came to her rescue.
She simply gave Mrs. Jones her thoughts on what she felt might improve the chances of a sale. Lisa closed the conversation with, “I know Charley and he always does a very good job, putting his clients first. I agree, he probably didn’t want to hurt your feelings. Why not try those little changes and discuss it with Charley. I do wish you the very best, Mrs. Jones. Goodbye, now.”
And with that she hung up the phone and went about her day.
Better to shun the bait than struggle in the snare. John Dryden
Friday, March 21, 2008
Friday, March 14, 2008
What You Need to Know: Article 1
By Jack Wilkinson
2002 President of the Marin Association of REALTORS®
Jack Wilkinson, GRI, is a 29-year member of the Marin Association of REALTORS®. He is a certified instructor of all phases of real estate education, a trainer of the required ethics introduction for MAR and contributing editor of the newly required real estate course, “Blueprint for Success” published by Kaplan Professional Schools.
It is an excepted law of ethics that punishment in the Court of Conscience, unlike Courts of Law, lessens with each repeated and unrebuked offense.
Joseph S. Auerbach
Article 1: REALTORS® protect and promote their clients interests while treating all parties honestly.
A friend of my just listed his house for sale and he gave me a little tour, asked what I thought of the price and this market.
I asked where the price came from and he mentioned that it was his brokers recommendation.
“Of course, the higher it sells for the more the broker makes”, he commented.
I asked what the commission was and he replied five and a half (5.5%) percent.
Well, I could not comment on the price as I have no real idea of the values in his neighborhood. It seemed reasonable to me. But what bothered me was his comment that the price was driven by the commission dollars to the agent and not the best interests of the seller. I know the agent that listed the property, and while I have never done a deal with that agent, my personal knowledge leads me to believe that the agent will only work for the best interest of her the client. The price is determined by the market not the commission.
I asked what the split was being offered and he said 50/50, as I had expected.
What caught my attention was his underlying belief that the REALTOR® would put the commission before his best interests. He assured me that he didn’t really think that, but it was a consideration.
Standard of Practice 1-3 REALTORS®, in attempting to secure a listing, shall not deliberately mislead the owner as to the market value.
I talked about how having a property on the market a long time, particularly in this market, is a sure sign that its over priced and not in anyone’s best interest. Further, if it were overpriced by $25,000 dollars the agents take would be about $600.00. Now, I don’t mean to dismiss that as nothing, but the price issue means far more to him than to the agent.
My reason for bringing this to your attention is two fold:
A. The code of Ethics Article 1 says, in part, we”…protect and promote the interests of the client…”
B. I have always told my real estate students that if you always work only for the best interests of the client you will have a long and fruitful career and avoid lawyers.
It may not be in our best interests as far as money is concerned. If it comes to your best interest vs. the clients’ best interests it may be best to remove yourself from the situation. However, you can only do this if doing such will not do harm to the client.
Remember, we really do operate in the court of conscience. The REALTOR® Code of Ethics is our road map.
2002 President of the Marin Association of REALTORS®
Jack Wilkinson, GRI, is a 29-year member of the Marin Association of REALTORS®. He is a certified instructor of all phases of real estate education, a trainer of the required ethics introduction for MAR and contributing editor of the newly required real estate course, “Blueprint for Success” published by Kaplan Professional Schools.
It is an excepted law of ethics that punishment in the Court of Conscience, unlike Courts of Law, lessens with each repeated and unrebuked offense.
Joseph S. Auerbach
Article 1: REALTORS® protect and promote their clients interests while treating all parties honestly.
A friend of my just listed his house for sale and he gave me a little tour, asked what I thought of the price and this market.
I asked where the price came from and he mentioned that it was his brokers recommendation.
“Of course, the higher it sells for the more the broker makes”, he commented.
I asked what the commission was and he replied five and a half (5.5%) percent.
Well, I could not comment on the price as I have no real idea of the values in his neighborhood. It seemed reasonable to me. But what bothered me was his comment that the price was driven by the commission dollars to the agent and not the best interests of the seller. I know the agent that listed the property, and while I have never done a deal with that agent, my personal knowledge leads me to believe that the agent will only work for the best interest of her the client. The price is determined by the market not the commission.
I asked what the split was being offered and he said 50/50, as I had expected.
What caught my attention was his underlying belief that the REALTOR® would put the commission before his best interests. He assured me that he didn’t really think that, but it was a consideration.
Standard of Practice 1-3 REALTORS®, in attempting to secure a listing, shall not deliberately mislead the owner as to the market value.
I talked about how having a property on the market a long time, particularly in this market, is a sure sign that its over priced and not in anyone’s best interest. Further, if it were overpriced by $25,000 dollars the agents take would be about $600.00. Now, I don’t mean to dismiss that as nothing, but the price issue means far more to him than to the agent.
My reason for bringing this to your attention is two fold:
A. The code of Ethics Article 1 says, in part, we”…protect and promote the interests of the client…”
B. I have always told my real estate students that if you always work only for the best interests of the client you will have a long and fruitful career and avoid lawyers.
It may not be in our best interests as far as money is concerned. If it comes to your best interest vs. the clients’ best interests it may be best to remove yourself from the situation. However, you can only do this if doing such will not do harm to the client.
Remember, we really do operate in the court of conscience. The REALTOR® Code of Ethics is our road map.
Thursday, March 6, 2008
What You Need to Know: Article 16
By Jack Wilkinson
2002 President of the Marin Association of REALTORS®
Jack Wilkinson, GRI, is a 29-year member of the Marin Association of REALTORS®. He is a certified instructor of all phases of real estate education, a trainer of the required ethics introduction for MAR and contributing editor of the newly required real estate course, “Blueprint for Success” published by Kaplan Professional Schools.Code of Ethics
A fellow REALTOR® (A) asked me a question the other day. It seems she has a listing that is a bit over-priced. She knows it and the owner knows it too. It is one of those things that we, as listing agents hate, but sometimes do, in the interest of keeping a good client happy. The property is not so over-priced that it makes no sense, but it is enough that an offer may be unlikely, especially in today’s market.
Her question was about an incident in which another REALTOR® (B) called the owner and began the conversation by asking the expiration date of the listing agreement.
Article 16“REALTORS® shall not engage in any practice or take any action inconsistent with exclusive representation or exclusive brokerage relationship agreements that other REALTORS® have with clients.” (Amended1/04)
Standard of Practice 16-4
“REALTORS® shall not solicit a listing which is currently listed exclusively with another broker. However, if the listing broker, when asked by the REALTOR®, refuses to disclose the expiration date and nature of such listing; i.e., an exclusive right to sell, an exclusive agency, open listing, or other form of contractual agreement between the listing broker and the client, the REALTOR® may contact the owner to secure such information and may discuss the terms upon which the REALTOR® might take a future listing or, alternatively, may take a listing to become effective upon expiration of any exclusive listing.” (Amended 1/94)
On the face of it there appears to be no problem. However, the calling REALTOR®, after being told the expiration date, which was 34 days in the future, proceeded to tell the owner how much better off the owner would be by canceling the listing and re-listing with her, REALTOR® B. She went on to say that the price was much too high and the marketing no where near adequate enough to get the house sold.
The reality is that the current real estate market can cause people to do things that they might not otherwise do. But, is it ethical? NO!!
The first violation is the fact that B did not communicate with A. This is a clear breach of Article 16, Standard of Practice 16-4. B’s claim that a call was made and a message left is weak, indeed, as there is no record of any call. Secondly, more than one call should be made and a refusal obtained in order to be anywhere near compliance with 16-4. This didn’t happen.
While no expiration dates are given in the MLS data, it seems to be common practice that most (I have no actual figures, but I’ll use 99%) residential listings are for a 90 day period. At least, this has been true for the 29 years I have been in business. The listing information does show the listing date and number of days on the market. Simple arithmetic should give an idea of the expiration date. If it was on for 56 days, 90 – 56 = 34 days left. Prudence and ethical practice on B’s part would be to have at least waited for that time to pass. While still in violation, a very weak case could be made that “I thought it had expired.” Unfortunately, this is right up there with the third grade excuse of “the dog ate my homework.”
So it appears there is a clear violation. When A contacted B and asked why she called her client, B simply said “Oh, I thought it had expired, so very sorry.”
No evidence of remorse. Instead, a clear indication of no sense of wrong doing.
The important question here is not, “was it wrong?” It is more important to ask, “what should be done about it?”
While this question boils on A’s back burner, I’d like to hear from anyone as to what you think should be done.
What would you do? Let me know.
2002 President of the Marin Association of REALTORS®
Jack Wilkinson, GRI, is a 29-year member of the Marin Association of REALTORS®. He is a certified instructor of all phases of real estate education, a trainer of the required ethics introduction for MAR and contributing editor of the newly required real estate course, “Blueprint for Success” published by Kaplan Professional Schools.Code of Ethics
A fellow REALTOR® (A) asked me a question the other day. It seems she has a listing that is a bit over-priced. She knows it and the owner knows it too. It is one of those things that we, as listing agents hate, but sometimes do, in the interest of keeping a good client happy. The property is not so over-priced that it makes no sense, but it is enough that an offer may be unlikely, especially in today’s market.
Her question was about an incident in which another REALTOR® (B) called the owner and began the conversation by asking the expiration date of the listing agreement.
Article 16“REALTORS® shall not engage in any practice or take any action inconsistent with exclusive representation or exclusive brokerage relationship agreements that other REALTORS® have with clients.” (Amended1/04)
Standard of Practice 16-4
“REALTORS® shall not solicit a listing which is currently listed exclusively with another broker. However, if the listing broker, when asked by the REALTOR®, refuses to disclose the expiration date and nature of such listing; i.e., an exclusive right to sell, an exclusive agency, open listing, or other form of contractual agreement between the listing broker and the client, the REALTOR® may contact the owner to secure such information and may discuss the terms upon which the REALTOR® might take a future listing or, alternatively, may take a listing to become effective upon expiration of any exclusive listing.” (Amended 1/94)
On the face of it there appears to be no problem. However, the calling REALTOR®, after being told the expiration date, which was 34 days in the future, proceeded to tell the owner how much better off the owner would be by canceling the listing and re-listing with her, REALTOR® B. She went on to say that the price was much too high and the marketing no where near adequate enough to get the house sold.
The reality is that the current real estate market can cause people to do things that they might not otherwise do. But, is it ethical? NO!!
The first violation is the fact that B did not communicate with A. This is a clear breach of Article 16, Standard of Practice 16-4. B’s claim that a call was made and a message left is weak, indeed, as there is no record of any call. Secondly, more than one call should be made and a refusal obtained in order to be anywhere near compliance with 16-4. This didn’t happen.
While no expiration dates are given in the MLS data, it seems to be common practice that most (I have no actual figures, but I’ll use 99%) residential listings are for a 90 day period. At least, this has been true for the 29 years I have been in business. The listing information does show the listing date and number of days on the market. Simple arithmetic should give an idea of the expiration date. If it was on for 56 days, 90 – 56 = 34 days left. Prudence and ethical practice on B’s part would be to have at least waited for that time to pass. While still in violation, a very weak case could be made that “I thought it had expired.” Unfortunately, this is right up there with the third grade excuse of “the dog ate my homework.”
So it appears there is a clear violation. When A contacted B and asked why she called her client, B simply said “Oh, I thought it had expired, so very sorry.”
No evidence of remorse. Instead, a clear indication of no sense of wrong doing.
The important question here is not, “was it wrong?” It is more important to ask, “what should be done about it?”
While this question boils on A’s back burner, I’d like to hear from anyone as to what you think should be done.
What would you do? Let me know.
Friday, February 29, 2008
What You Need to Know: Article 12
By Jack Wilkinson
2002 President of the Marin Association of REALTORS®
Jack Wilkinson, GRI, is a 29-year member of the Marin Association of REALTORS®. He is a certified instructor of all phases of real estate education, a trainer of the required ethics introduction for MAR and contributing editor of the newly required real estate course, “Blueprint for Success” published by Kaplan Professional Schools.
“Character is not made in crisis-it is only exhibited.” Robert Freeman
The rapid change in the real estate market, at least according to the general media, could and I‘m sure is, cause for some degree of alarm. (Understatement) While the media portray a downward slope of the economy many people become desperate to do deals. And that is the crisis that is faced and tests the mettle of our character.
Since 1913 REALTORS® have used the REALTOR® Code of Ethics to rise above the minimum standards of mere law.
However, sometimes the line can be a bit blurry, especially in times such as these. With the ubiquitous internet that allows us, as real estate practitioners, so many different ways to promote our services and ourselves we may be tempted to “hitch a ride” on someone else’s “wagon” of promotion. Maybe we allow the line between what is “right” and what is possible to become a bit blurry and use it as an excuse to “stretch” that which we think is “allowable.”
We have been hearing a few words about plagiarism lately, the stealing of another’s words or ideas. And that is what the internet and its universal access may tempt us to do.
Article 12 REALTORS® Standard of Practice 12-5:
REALTORS® shall not advertise nor permit any person employed by or affiliated with them to advertise listed property in any medium (e.g. electronically, print, radio, television, etc) without disclosing the name of that REALTORS® firm in a reasonable and readily apparent manner (Adopted 11/86, Amended 1/07)
STEALTH sites, you know, the one where there is no real ID of who or what the site represents, but the key to getting the information is leaving your particulars. It is misleading enough to entice the consumer to leave their information in the belief/hope that they won’t be bothered by a pesky real estate agent. I have seen them and have left information, including my identification as a broker. A couple of times I have received auto-generated replies with property information. Because I have access to the MLS information I have found a couple of times (not too often) listings from brokers other than the one answering the e-mail. I have also gotten “up to date” information of properties that have sold months ago with the enticing “we can help you buy this home today (O.K. it only happened once, but still).
The following is from an article on Article 12 by Mariana Wagner, Keller Williams, Colorado Springs:
• When creating or driving traffic to their Web site, a REALTOR® must not misrepresent who they are and what they offer in any way.
• They cannot use or manipulate another real estate Web sites to make the public think it is their own.
• They cannot use “content developed by others” without express permission of the creator.
• And if a REALTOR® hires a company/person to build and maintain a site, then that hired person must also adhere to these rules as well.
She has stated this well.
My purpose was not to police anybody or anything but simply to find out if this kind of thing happened. It did and does. And it was a REALTOR® that was guilty. I wrote them a letter asking them to stop. They claimed it was an innocent error. I accepted that.
The important thing for us as REALTORS® is to avoid being guilty in the first place. After all, if the consumer is to have any faith in our REALTOR® brand, we must be diligent in adhering to our code of ethics. And we must be diligent in urging our fellow REALTORS® to do the same.
Remember, the Code is not law. I leave you with this: As Douglas William Jerrold said “The character that needs law to mend it is hardly worth the tinkering.”
2002 President of the Marin Association of REALTORS®
Jack Wilkinson, GRI, is a 29-year member of the Marin Association of REALTORS®. He is a certified instructor of all phases of real estate education, a trainer of the required ethics introduction for MAR and contributing editor of the newly required real estate course, “Blueprint for Success” published by Kaplan Professional Schools.
“Character is not made in crisis-it is only exhibited.” Robert Freeman
The rapid change in the real estate market, at least according to the general media, could and I‘m sure is, cause for some degree of alarm. (Understatement) While the media portray a downward slope of the economy many people become desperate to do deals. And that is the crisis that is faced and tests the mettle of our character.
Since 1913 REALTORS® have used the REALTOR® Code of Ethics to rise above the minimum standards of mere law.
However, sometimes the line can be a bit blurry, especially in times such as these. With the ubiquitous internet that allows us, as real estate practitioners, so many different ways to promote our services and ourselves we may be tempted to “hitch a ride” on someone else’s “wagon” of promotion. Maybe we allow the line between what is “right” and what is possible to become a bit blurry and use it as an excuse to “stretch” that which we think is “allowable.”
We have been hearing a few words about plagiarism lately, the stealing of another’s words or ideas. And that is what the internet and its universal access may tempt us to do.
Article 12 REALTORS® Standard of Practice 12-5:
REALTORS® shall not advertise nor permit any person employed by or affiliated with them to advertise listed property in any medium (e.g. electronically, print, radio, television, etc) without disclosing the name of that REALTORS® firm in a reasonable and readily apparent manner (Adopted 11/86, Amended 1/07)
STEALTH sites, you know, the one where there is no real ID of who or what the site represents, but the key to getting the information is leaving your particulars. It is misleading enough to entice the consumer to leave their information in the belief/hope that they won’t be bothered by a pesky real estate agent. I have seen them and have left information, including my identification as a broker. A couple of times I have received auto-generated replies with property information. Because I have access to the MLS information I have found a couple of times (not too often) listings from brokers other than the one answering the e-mail. I have also gotten “up to date” information of properties that have sold months ago with the enticing “we can help you buy this home today (O.K. it only happened once, but still).
The following is from an article on Article 12 by Mariana Wagner, Keller Williams, Colorado Springs:
• When creating or driving traffic to their Web site, a REALTOR® must not misrepresent who they are and what they offer in any way.
• They cannot use or manipulate another real estate Web sites to make the public think it is their own.
• They cannot use “content developed by others” without express permission of the creator.
• And if a REALTOR® hires a company/person to build and maintain a site, then that hired person must also adhere to these rules as well.
She has stated this well.
My purpose was not to police anybody or anything but simply to find out if this kind of thing happened. It did and does. And it was a REALTOR® that was guilty. I wrote them a letter asking them to stop. They claimed it was an innocent error. I accepted that.
The important thing for us as REALTORS® is to avoid being guilty in the first place. After all, if the consumer is to have any faith in our REALTOR® brand, we must be diligent in adhering to our code of ethics. And we must be diligent in urging our fellow REALTORS® to do the same.
Remember, the Code is not law. I leave you with this: As Douglas William Jerrold said “The character that needs law to mend it is hardly worth the tinkering.”
Friday, February 22, 2008
What You Need to Know: Article 12
By Jack Wilkinson
2002 President of the Marin Association of REALTORS®
Jack Wilkinson, GRI, is a 29-year member of the Marin Association of REALTORS®. He is a certified instructor of all phases of real estate education, a trainer of the required ethics introduction for MAR and contributing editor of the newly required real estate course, “Blueprint for Success” published by Kaplan Professional Schools.
“A people that values its privileges above its principles soon loses both.”
—Dwight D. Eisenhower, inaugural address, Jan. 20, 1953
Today we face a rather different housing market than just last year: there are fewer sales, listings are more difficult to obtain and selling the listings we do have is getting more difficult; we are getting hungry and cold and seem to be standing outside the bakery window, wanting that warm and tasty loaf of bread.
And it is times like this, when we come face to face with temptation and have to make some difficult choices, that our observance of and subscription to the REALTOR® Code of Ethics become very important.
It is easy to be good when everything is going well. If you’re not hungry and cold, standing outside the bakery when all inside are warm and well fed, you are not tempted to steal a loaf of bread.
However, when things get a bit rough and you are cold and hungry, it is very difficult to not, at least, think about stealing that loaf of bread.
A quote by Sam Zell, Chairman, Equity Group Investments,(the largest apartment owner in the United States) from a previous down market was “Stay alive in ’95.” Rather catchy. I read that and thought about this phrase and rhyme: “Now is now and then is twenty ten.” Many seem to think that by 2010 we’ll be on the upswing again, so that gives us a timeline. During the time ahead we must uphold our commitment to the REALTOR® Code of Ethics.
Ethics Defined
One definition of ethics is that they are moral choices made in relationship with others.
We learned the difference between right and wrong in kindergarten. Or at least we got some early training. We were probably introduced to temptation too. We wanted the toy the other kid had. We learned that sharing is one thing but grabbing another’s toy was not acceptable behavior.
I am proud to be a REALTOR® and to let the consumer and my fellow REALTORS® know that I believe in, uphold and am a subscriber, by way of being a REALTOR®, to a specific Code of Ethics.
This is the first in a series of columns that will examine different provisions of the NAR REALTOR® Code of Ethics, including the articles and their accompanying standards of practice.
Code of Ethics: Article 12
“REALTORS® shall be honest and truthful in their real estate communications and shall present a true picture in their advertising, marketing, and other representations. REALTORS® shall ensure that their status as real estate professionals is readily apparent in their advertising, marketing, and other representations, and that the recipients of all real estate communications are, or have been, notified that those communications are from a real estate professional." (Amended 1/08)
“Puffing,” a statement made to enhance a property, is one thing. It is obviously just that and is easily recognized as such. For instance, you write an ad bragging about views: “You can see from here to Hawaii.” This is obviously an exaggeration. The views are good but you certainly cannot see Hawaii from California.
However, “recently painted and landscaped” may be an exaggeration that is an outright lie, if by “recently” you mean five years ago. This is acceptable in geologic time, but not in real estate time.
Standard of Practice 12-10
“REALTORS®’ obligation to present a true picture in their advertising and representations to the public includes the URLs and domain names they use, and prohibits REALTORS® from:
1. Engaging in deceptive or unauthorized framing of real estate brokerage websites;
2. Manipulating (e.g., presenting content developed by others) listing content in any way that produces a deceptive or misleading result; or
3. Deceptively using metatags, keywords or other devices/methods to direct, drive, or divert Internet traffic, or to otherwise mislead consumers.” (Adopted 1/07)
We all need to be careful to avoid “stealing the loaf of bread,” violating the trust and confidence of our customers, clients and fellow practitioners. When we don’t adhere to the REALTORS® Code of Ethics, this is just what we are doing.
2002 President of the Marin Association of REALTORS®
Jack Wilkinson, GRI, is a 29-year member of the Marin Association of REALTORS®. He is a certified instructor of all phases of real estate education, a trainer of the required ethics introduction for MAR and contributing editor of the newly required real estate course, “Blueprint for Success” published by Kaplan Professional Schools.
“A people that values its privileges above its principles soon loses both.”
—Dwight D. Eisenhower, inaugural address, Jan. 20, 1953
Today we face a rather different housing market than just last year: there are fewer sales, listings are more difficult to obtain and selling the listings we do have is getting more difficult; we are getting hungry and cold and seem to be standing outside the bakery window, wanting that warm and tasty loaf of bread.
And it is times like this, when we come face to face with temptation and have to make some difficult choices, that our observance of and subscription to the REALTOR® Code of Ethics become very important.
It is easy to be good when everything is going well. If you’re not hungry and cold, standing outside the bakery when all inside are warm and well fed, you are not tempted to steal a loaf of bread.
However, when things get a bit rough and you are cold and hungry, it is very difficult to not, at least, think about stealing that loaf of bread.
A quote by Sam Zell, Chairman, Equity Group Investments,(the largest apartment owner in the United States) from a previous down market was “Stay alive in ’95.” Rather catchy. I read that and thought about this phrase and rhyme: “Now is now and then is twenty ten.” Many seem to think that by 2010 we’ll be on the upswing again, so that gives us a timeline. During the time ahead we must uphold our commitment to the REALTOR® Code of Ethics.
Ethics Defined
One definition of ethics is that they are moral choices made in relationship with others.
We learned the difference between right and wrong in kindergarten. Or at least we got some early training. We were probably introduced to temptation too. We wanted the toy the other kid had. We learned that sharing is one thing but grabbing another’s toy was not acceptable behavior.
I am proud to be a REALTOR® and to let the consumer and my fellow REALTORS® know that I believe in, uphold and am a subscriber, by way of being a REALTOR®, to a specific Code of Ethics.
This is the first in a series of columns that will examine different provisions of the NAR REALTOR® Code of Ethics, including the articles and their accompanying standards of practice.
Code of Ethics: Article 12
“REALTORS® shall be honest and truthful in their real estate communications and shall present a true picture in their advertising, marketing, and other representations. REALTORS® shall ensure that their status as real estate professionals is readily apparent in their advertising, marketing, and other representations, and that the recipients of all real estate communications are, or have been, notified that those communications are from a real estate professional." (Amended 1/08)
“Puffing,” a statement made to enhance a property, is one thing. It is obviously just that and is easily recognized as such. For instance, you write an ad bragging about views: “You can see from here to Hawaii.” This is obviously an exaggeration. The views are good but you certainly cannot see Hawaii from California.
However, “recently painted and landscaped” may be an exaggeration that is an outright lie, if by “recently” you mean five years ago. This is acceptable in geologic time, but not in real estate time.
Standard of Practice 12-10
“REALTORS®’ obligation to present a true picture in their advertising and representations to the public includes the URLs and domain names they use, and prohibits REALTORS® from:
1. Engaging in deceptive or unauthorized framing of real estate brokerage websites;
2. Manipulating (e.g., presenting content developed by others) listing content in any way that produces a deceptive or misleading result; or
3. Deceptively using metatags, keywords or other devices/methods to direct, drive, or divert Internet traffic, or to otherwise mislead consumers.” (Adopted 1/07)
We all need to be careful to avoid “stealing the loaf of bread,” violating the trust and confidence of our customers, clients and fellow practitioners. When we don’t adhere to the REALTORS® Code of Ethics, this is just what we are doing.
Subscribe to:
Posts (Atom)