All agents with the Homefinders.com Exclusive Buyers's Agency brokerage
are REALTORS ® When you work with a Homefinders.com to help you find
a home in Frederick County, you can rely on service that meets the highest
ethical standards.
Code of Ethics and
Standards of Practice of the
NATIONAL ASSOCIATION OF REALTORS®
Effective January 1, 2004
Duties to Clients and Customers
Where the word REALTORS® is used in this Code and Preamble, it shall be deemed to include REALTOR-ASSOCIATE®s.
While the Code of Ethics establishes obligations that may be higher than those mandated by law, in any instance where the Code of Ethics and the law conflict, the obligations of he law must take precedence.
Preamble
Under all is the land. Upon its wise utilization and widely allocated
ownership depend the survival and growth of free institutions
and of our civilization. REALTORS® should recognize that the
interests of the nation and its citizens require the highest and
best use of the land and the widest distribution of land ownership.
They require the creation of adequate housing, the building of
functioning cities, the development of productive industries and
farms, and the preservation of a healthful environment.
Such interests impose obligations beyond those of ordinary commerce. They impose grave social responsibility and a patriotic duty to which REALTORS® should dedicate themselves, and for which they should be diligent in preparing themselves. REALTORS®, therefore, are zealous to maintain and improve the standards of their calling and share with their fellow REALTORS® a common responsibility for its integrity and honor.
In recognition and appreciation of their obligations to clients, customers, the public, and each other, REALTORS® continuously strive to become and remain informed on issues affecting real estate and, as knowledgeable professionals, they willingly share the fruit of their experience and study with others. They identify and take steps, through enforcement of this Code of Ethics and by assisting appropriate regulatory bodies, to eliminate practices which may damage the public or which might discredit or bring dishonor to the real estate profession. REALTORS® having direct personal knowledge of conduct that may violate the Code of Ethics involving misappropriation of client or customer funds or property, willful discrimination, or fraud resulting in substantial economic harm, bring such matters to the attention of the appropriate Board or Association of REALTORS®. (Amended 1/00)
Realizing that cooperation with other real estate professionals promotes the best interests of those who utilize their services, REALTORS® urge exclusive representation of clients; do not attempt to gain any unfair advantage over their competitors; and they refrain from making unsolicited comments about other practitioners. In instances where their opinion is sought, or where REALTORS® believe that comment is necessary, their opinion is offered in an objective, professional manner, uninfluenced by any personal motivation or potential advantage or gain.
The term REALTOR® has come to connote competency, fairness, and high integrity resulting from adherence to a lofty ideal of moral conduct in business relations. No inducement of profit and no instruction from clients ever can justify departure from this ideal.
In the interpretation of this obligation, REALTORS® can take no safer guide than that which has been handed down through the centuries, embodied in the Golden Rule, "Whatsoever ye would that others should do to you, do ye even so to them."
Accepting this standard as their own, REALTORS® pledge to observe its spirit in all of their activities and to conduct their business in accordance with the tenets set forth below.
Duties to Clients and Customers
Article 1
When representing a buyer, seller, landlord, tenant, or other
client as an agent, REALTORS® pledge themselves to protect
and promote the interests of their client. This obligation to
the client is primary, but it does not relieve REALTORS® of
their obligation to treat all parties honestly. When serving a
buyer, seller, landlord, tenant or other party in a non-agency
capacity, REALTORS® remain obligated to treat all parties
honestly. (Amended 1/01)
Standard of Practice 1-1
REALTORS®, when acting as principals in a real estate transaction,
remain obligated by the duties imposed by the Code of Ethics.
(Amended 1/93)
Standard of Practice 1-2
The duties the Code of Ethics imposes are applicable whether REALTORS®
are acting as agents or in legally recognized non-agency capacities
except that any duty imposed exclusively on agents by law or regulation
shall not be imposed by this Code of Ethics on REALTORS® acting
in non-agency capacities.
As used in this Code of Ethics, "client" means the person(s)
or entity(ies) with whom a REALTOR® or a REALTOR®'s firm
has an agency or legally recognized non-agency relationship; "customer"
means a party to a real estate transaction who receives information,
services, or benefits but has no contractual relationship with
the REALTOR® or the REALTOR®'s firm; "prospect"
means a purchaser, seller, tenant, or landlord who is not subject
to a representation relationship with the REALTOR® or REALTOR®'s
firm; "agent" means a real estate licensee (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.
(Adopted 1/95, Amended 1/04)
Standard of Practice 1-3
REALTORS®, in attempting to secure a listing, shall not deliberately
mislead the owner as to market value.
Standard of Practice 1-4
REALTORS®, when seeking to become a buyer/tenant representative,
shall not mislead buyers or tenants as to savings or other benefits
that might be realized through use of the REALTOR®'s services.
(Amended 1/93)
Standard of Practice 1-5
REALTORS® may represent the seller/landlord and buyer/tenant
in the same transaction only after full disclosure to and with
informed consent of both parties. (Adopted 1/93)
Standard of Practice 1-6
REALTORS® shall submit offers and counter-offers objectively
and as quickly as possible. (Adopted 1/93, Amended 1/95)
Standard of Practice 1-7
When acting as listing brokers, REALTORS® shall continue to
submit to the seller/landlord all offers and counter-offers until
closing or execution of a lease unless the seller/landlord has
waived this obligation in writing. REALTORS® shall not be
obligated to continue to market the property after an offer has
been accepted by the seller/landlord. REALTORS® shall recommend
that sellers/landlords obtain the advice of legal counsel prior
to acceptance of a subsequent offer except where the acceptance
is contingent on the termination of the pre-existing purchase
contract or lease. (Amended 1/93)
Standard of Practice 1-8
REALTORS®, acting as agents or brokers of buyers/tenants,
shall submit to buyers/tenants all offers and counter-offers until
acceptance but have no obligation to continue to show properties
to their clients after an offer has been accepted unless otherwise
agreed in writing. REALTORS®, acting as agents or brokers
of buyers/tenants, shall recommend that buyers/tenants obtain
the advice of legal counsel if there is a question as to whether
a pre-existing contract has been terminated. (Adopted 1/93, Amended
1/99)
Standard of Practice 1-9
The obligation of REALTORS® to preserve confidential information
(as defined by state law) provided by their clients in the course
of any agency relationship or non-agency relationship recognized
by law continues after termination of agency relationships or
any non-agency relationships recognized by law. REALTORS®
shall not knowingly, during or following the termination of professional
relationships with their clients:
-
reveal confidential information of clients; or
-
use confidential information of clients to the disadvantage of clients; or
-
use confidential information of clients for the REALTOR®'s advantage or the advantage of third parties unless:
-
clients consent after full disclosure; or
-
REALTORS® are required by court order; or
-
it is the intention of a client to commit a crime and the information is necessary to prevent the crime; or
-
it is necessary to defend a REALTOR® or the REALTOR®'s employees or ASSOCIATEs against an accusation of wrongful conduct.
Information concerning latent material defects is not considered confidential information under this Code of Ethics. (Adopted 1/93, Amended 1/01)
Standard of Practice 1-10
REALTORS® shall, consistent with the terms and conditions
of their real estate licensure and their property management agreement,
competently manage the property of clients with due regard for
the rights, safety and health of tenants and others lawfully on
the premises. (Adopted 1/95, Amended 1/00)
Standard of Practice 1-11
REALTORS® who are employed to maintain or manage a client's
property shall exercise due diligence and make reasonable efforts
to protect it against reasonably foreseeable contingencies and
losses. (Adopted 1/95)
Standard of Practice 1-12
When entering into listing contracts, REALTORS® must advise
sellers/landlords of:
-
the REALTOR®'s company policies regarding cooperation and the amount(s) of any compensation that will be offered to subagents, buyer/tenant agents, and/or brokers acting in legally recognized non-agency capacities;
-
the fact that buyer/tenant agents or brokers, even if compensated by listing brokers, or by sellers/landlords may represent the interests of buyers/tenants; and any potential for listing brokers to act as disclosed dual agents, e.g. buyer/tenant agents. (Adopted 1/93, Renumbered 1/98, Amended 1/03)
Standard of Practice 1-13
When entering into buyer/tenant agreements, REALTORS® must
advise potential clients of:
-
the REALTOR®'s company policies regarding cooperation;
-
the amount of compensation to be paid by the client;
-
the potential for additional or offsetting compensation from other brokers, from the seller or landlord, or from other parties; and any potential for the buyer/tenant representative to act as a disclosed dual agent, e.g. listing broker, subagent, landlord's agent, etc. (Adopted 1/93, Renumbered 1/98, Amended 1/04)
Standard of Practice 1-14
Fees for preparing appraisals or other valuations shall not be
contingent upon the amount of the appraisal or valuation. (Adopted
1/02)
Standard of Practice 1-15
REALTORS®, in response to inquiries from buyers or cooperating
brokers shall, with the sellers' approval, divulge the existence
of offers on the property. (Adopted 1/03)
SOURCE: National Association of Realtors Code of Ethics
Frederick County Real Estate
A part of the Homefinders.com Network