Rules of the Game
This World Series time, as a Texas gal, I am rooting for the Texas Rangers. It occurred to me that all games have rules and that this might just be a good time to talk about the rules of real estate.
If you have ever bought or sold real estate, you have undoubtedly employed the services of a real estate agent to guide and assist you through the process. Consumers are often uncertain who regulates real estate professionals. Most of us are subject to two set of rules. Each jurisdicution has a governmental agency, typically referred to as the real estate commission, charged with the authority to issue licenses to real estate professionals and enjorce related state laws and regulations. Additionally, many real estate professionals, after obtaining a license, choose to become members of a REALTOR® association, whose mission is to promote the profitability and success of its members. Those licensees agree to abide by a strict Code of Ethics, and the local REALTOR® association is responsible for assuring that members adhere to the Code.
In 1913, the National Association of Realtors (NAR)--the largest professional real estate society in the U.S.--established its ethical code. Since 1986, it has been updated anually. Real estate ethics predates that of many ofther markets, which didn't adopt ethical strategies and codes until the 1990's, according to the Ethics & Compliance Officer Association. Unlike real estate law, the NAR code isn't binding on all licensed professionals; only the 1 million-plus who belong to the association. If the two ever conflict, the code states that 'the obligations of the law must take precedence.'
One of the main purposes of this ethical system is to protect the public--clients and non-clients alike. Because real estate is such an expensive and long-term investment, Realtors take their obligations seriously. In fact, the majority of the code--14 out of the 17 articles--addresses consumer concerns from fair housing compliance and loyalty to propert documentation and handling trust money.
While a certain level of competition is healthy, Realtors can't sacrifice the ideals of the code for personal benefit. For example, they can't misrepresent competitors or solicit consumers represented by fellow Realtors.
This Code of Ethics is enforced at the local level through the local REALTOR® association. It is the function and authority of the local REALTOR® association to:
- Conduct hearings into alleged violations of the NAR Code of Ethics
- Take disciplinary action against a REALTOR® member, which can include the ordering of fines or revocation of a real estate professional's membership in the REALTOR® association
Similar to filing a complaint with the state real estate association, members of the public can also contact their local REALTOR® association and file a complaint where they suspect a violation of the Code of Ethis has occurred. It is important to understand, however, that a REALTOR® association does not have any authority over a real estate professional's license, as this is the exclusive jurisdiction of the respective real estate commission. REALTOR® associations only discipline REALTOR® associations members for violations of the NAR Code of Ethics. For all other alleged wrong doing, consumers should contact the respectvie real estate commission or consult with an attorney.
So there you have it. We at Julie Pogue Properties are all members of the National Association of Realtors and adhere to that higher standard of adopting their Code of Ethics. It is the way we choose to do business and the way we live our lives. You can count on us to represent you fairly and competently. Keep us in mind for all of your residential real estate needs and know that you can confidently recommend us to your family friends.
Hope you all have a great week and go Texas Rangers--beat St. Louis!
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