We’re all aware that we aren’t lawyers and that Article 13 says we can’t act like it. But have you thought about what you might be doing that IS practicing law. Have you ever explained part of the contract to someone and then went on to say what happens if there is a lawsuit? I think it’s an easy mistake to make. You’re just sharing what you’ve seen and learned in your real estate career. You’re building the relationship with your client. Things are casual. You may not realize how they feel about the information you’re giving them. Sometimes we have more risk when the client trusts us completely. Be careful out there.
Have you ever heard of a REALTOR who had a complaint filed against them with the Association for violating the Code of Ethics and then that REALTOR didn’t participate in the process? If you get a notice from the Association that a complaint has been filed, can you just ignore it? Sure. It’s a bad idea though. Keep in mind that the complaint and your response, or lack thereof, will be judged by your peers. If you don’t cooperate with the process, they can add Article 14 to your complaint and impose sanctions against you for your lack of participation in the process. Wouldn’t it be awful to be found ‘not in violation’ of the original complaint but still have a sanction against you for not responding to it?
We all know REALTORS who are members of more than one local Association. If they make a mistake there may be a temptation to file a complaint with every local/state association that they are a member of. File all you want but only one will be heard per incident. Also, if you file the same complaint in multiple locations, the REALTOR respondent may file an Article 14 complaint on you. You could be in violation as it relates to Standard of Practice 14-4. For clarification, all potential violations in a specific transaction, advertisement, etc. will be heard as one complaint at one Association.
As REALTORS, we cannot discuss anything (outside of the tribunal or panel) we learn as volunteers serving to process complaints. The REALTOR complainant and/or respondent can’t either. However, we cannot hold the public to the same rules we have agreed to abide by. If you’re a REALTOR and you file a complaint, you can’t go around blabbing about it. However, if you’re not a REALTOR you can talk about it all you want. This is one more thing that puts us, as REALTORS, to a higher standard. It’s a good rule.
Only three more Articles from the Code to cover in this series. The last three relate to our Duties to Other REALTORS. Feel free to email questions or even points you want me to address in next week’s post. See you then!
leighyork 