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Table of Contents

Areas of the Manual Requiring Board/Association Action

The REALTOR®’s Code of Ethics—A Gift of Vision

Preface

Code of Ethics and Standards of Practice

Introduction

ETHICS

General Provisions Relating to Ethics

Statement of Professional Standards Policy Applicable to Ethics Proceedings
Part One, Section 1 — Definitions Relating to Ethics
Part One, Section 2 — Qualification for Tribunal
Part One, Section 3 — Duty to Give Evidence
Part One, Section 4 — Right of Counsel to Appear
Part One, Section 5 — Witnesses
Part One, Section 6 — Conduct of Hearing
Part One, Section 7 — Notices
Part One, Section 8 — Interpretation of Bylaws
Part One, Section 9 — Waiver
Part One, Section 10 — Communication and Clerical
Part One, Section 11 — Attempt to Influence Tribunal

Membership Duties and Their Enforcement

Part Two, Section 12 — Duties of Membership
Part Two, Section 13 — Power to Take Disciplinary Action
Part Two, Section 14 — Nature of Discipline
Part Two, Section 15 — Selection and Appointment of the Grievance Committee
Part Two, Section 16 — Selection and Appointment of the Professional Standards Committee

The Grievance Committee

Part Three, Section 17 — Authority
Part Three, Section 18 — Function
Part Three, Section 19 — Review of Ethics Complaint

The Ethics Hearing

Part Four, Section 20 — Initiating an Ethics Hearing
Part Four, Section 21 — Ethics Hearing
Part Four, Section 22 — Decision of Hearing Panel
Part Four, Section 23 — Action of the Board of Directors
Part Four, Section 24 — Initial Action by Directors
Part Four, Section 25 — Preliminary Judicial Determination Prior to Imposition of Discipline
Part Four, Appendix I — Role of the Board of Directors in Reviewing and Ratifying Ethics Hearing Panel Decisions
Part Four, Appendix II — Appropriate Interpretation of “Pertinent Facts” as Used in Article 2 of the Code of Ethics
Part Four, Appendix III — Responsibility of Member Boards with Respect to Article 10 of the Code of Ethics
Part Four, Appendix IV — Rationale of Declaratory Relief Procedure
Part Four, Appendix V — Ethics Hearing Checklist with Administrative Time Frames
Part Four, Appendix VI — Cooperative Enforcement of the Code of Ethics
Part Four, Appendix VII —Sanctioning Guidelines
Part Four, Appendix VIII —Procedures for Consideration of Alleged Violations of Article IV, Section 2, Bylaws, NATIONAL ASSOCIATION OF REALTORS®
Part Four, Appendix IX —Presenting and Negotiating Multiple Offers
Part Four, Appendix X —Before You File an Ethics Complaint

Conduct of an Ethics Hearing

Part Five: Outline of Procedure for Conduct of an Ethics Hearing
Part Five: Outline of Procedure for an Ethics Hearing Involving a Complaint and Counter-Complaint
Part Five: Chairperson’s Procedural Guide: Conduct of an Ethics Hearing
Part Five: Chairperson’s Procedural Guide: Conduct of an Appeal Hearing (Ethics)

Specimen Forms for Ethics

Part Six, Specimen Forms
Part Six, Form #E-1 — Ethics Complaint
Part Six, Form #E-2 — Notice to Respondent
Part Six, Form #E-3 — Reply
Part Six, Form #E-4 — Grievance Committee Request for Information (Ethics Complaint)
Part Six, Form #E-5 — Response to Grievance Committee Request for Information
Part Six, Form #E-5.1 — Grievance Committee Report Form
Part Six, Form #E-6 — Notice of Right to Challenge Tribunal Members
Part Six, Form #E-7 — Challenge to Qualification by Parties to Ethics Proceeding
Part Six, Form #E-8 — Official Notice of Hearing
Part Six, Form #E-9 — Outline of Procedure for Ethics Hearing
Part Six, Form #E-9a — Outline of Procedure for Ethics Hearing with Complaint and Counter-Complaint
Part Six, Form #E-10 — Certificate of Qualification
Part Six, Form #E-11 — Decision of Ethics Hearing Panel
Part Six, Form #E-12 — Action of the Board of Directors
Part Six, Form #E-13 — Request for Appeal
Part Six, Form #E-14 — Official Notice of Appeal Hearing
Part Six, Form #E-15 — Checklist of Professional Standards Concerns
Part Six, Form #E-16 — Seating Arrangements for Hearings
Part Six, Form #E-17 — Ethics Activity Report
Part Six, Form #E-18 — Outline of Content of Petition for Declaratory Relief
Part Six, Form #E-19 — Sample Agreement to Establish Multi-Board (or Regional) Professional Standards Enforcement Procedures
Part Six, Form #E-20 — Notice to Respondent (Ethics) and Optional Waiver of Right to Hearing
Part Six, Form #E-21 — Sample Letter of Reprimand/Warning
Part Six, Form #E-22 — Appeal of Grievance Committee Dismissal of Ethics Complaint
Part Six, Form #E-23 — Action of the Appeal Hearing Tribunal (Ethics Complaint)

ARBITRATION

General Provisions Relating to Arbitration

Statements of Professional Standards Policy Applicable to Arbitration Proceedings

Part Seven, Section 26 — Definitions Relating to Arbitration
Part Seven, Section 27 — Qualification for Tribunal
Part Seven, Section 28 — Duty to Give Evidence
Part Seven,  Section 29 — Right of Counsel to Appear
Part Seven, Section 30 — Witnesses
Part Seven, Section 31 — Conduct of Hearing
Part Seven,  Section 32 — Notices
Part Seven, Section 33 — Interpretations of Bylaws
Part Seven,  Section 34 — Waiver
Part Seven, Section 35 — Communication and Clerical
Part Seven, Section 36 — Attempt to Influence Tribunal

Membership Duties and Enforcement

Part Eight, Section 37 — Duties of Membership
Part Eight,  Section 38 — Selection and Appointment of the Grievance Committee
Part Eight,  Section 39 — Selection and Appointment of the Professional Standards Committee

The Grievance Committee

Part Nine, Section 40 — Authority
Part Nine,  Section 41 — Function
Part Nine,  Section 42 — Grievance Committee's Review and Analysis of a Request for Arbitration

Arbitration of Disputes

Part Ten, Section 43 — Arbitrable Issues
Part Ten, Section 44 — Duty and Privilege to Arbitrate
Part Ten,  Section 45 — Board’s Right to Decline Arbitration
Part Ten,  Section 46 — Duty to Arbitrate Before State Association
Part Ten,  Section 47 — Manner of Invoking Arbitration
Part Ten,  Section 48 — Submission to Arbitration
Part Ten, Section 49 — Initial Action by Directors
Part Ten,  Section 50 — Preliminary Judicial Determination Prior to Imposition of Discipline
Part Ten,  Section 51 — Arbitration Hearing
Part Ten,  Section 52 — Settlement
Part Ten,  Section 53 — The Award
Part Ten,  Section 54 — Costs of Arbitration
Part Ten,  Section 55 — Request for Procedural Review
Part Ten,  Section 56 — Enforcement
Appendix I to Part Ten — Arbitrable Issues
Appendix II to Part Ten — Arbitration Guidelines
Appendix III to Part Ten — Rationale of Declaratory Relief and of Judicial Enforcement in Matters of Arbitration
Appendix IV to Part Ten — Rationale for No Findings of Fact in Awards
Appendix V to Part Ten — Arbitration Hearing Checklist with Administrative Time Frames
Appendix VI to Part Ten — Mediation as a Service of Member Boards

Interboard Arbitration Procedures

Conduct of an Arbitration Hearing

Part Twelve: Outline of Procedure for Conduct of an Arbitration Hearing
Part Twelve: Outline of Procedure for an Arbitration Hearing Involving a Request and a Counter-Request
Part Twelve: Chairperson’s Procedural Guide: Conduct of an Arbitration Hearing
Part Twelve: Chairperson’s Procedural Guide: Conduct of an Interboard Arbitration Hearing
Part Twelve: Chairperson’s Procedural Guide: Conduct of a Procedural Review Hearing (Arbitration)
Part Twelve: Chairperson’s Procedural Guide: Conduct of a Procedural Review Hearing (Interboard Arbitration)

Specimen Forms for Arbitration

Part Thirteen, Form #A-1 — Request and Agreement to Arbitrate
Part Thirteen, Form #A-2 — Request and Agreement to Arbitrate (Nonmember)
Part Thirteen, Form #A-3 — Notice to Respondent
Part Thirteen, Form #A-4 — Response and Agreement to Arbitrate
Part Thirteen, Form #A-5 — Grievance Committee Request for Information
Part Thirteen, Form #A-6 — Response to Grievance Committee Request for Information
Part Thirteen, Form #A-7 — Notice of Right to Challenge Tribunal Members
Part Thirteen, Form #A-8 — Challenge to Qualifications by Parties to Arbitration Proceeding
Part Thirteen, Form #A-9 — Official Notice of Hearing
Part Thirteen, Form #A-10 — Outline of Procedure for Arbitration Hearing
Part Thirteen, Form #A-10a — Outline of Procedure for Arbitration Hearing Involving a Request and a Counter-Request
Part Thirteen, Form #A-11 — Certificate of Qualification
Part Thirteen, Form #A-12 — Award of Arbitrators
Part Thirteen, Form #A-13 — Request for Procedural Review
Part Thirteen, Form #A-14 — Official Notice of Procedural Review
Part Thirteen, Form #A-14a — Decision of the Procedural Review Hearing Tribunal
Part Thirteen, Form #A-15 — Checklist of Professional Standards Concerns
Part Thirteen, Form #A-16 — Seating Arrangements for Hearings
Part Thirteen, Form #A-17 — Mediation Resolution Agreement
Part Thirteen, Form #A-18 — Arbitration Activity Report
Part Thirteen, Form #A-19 — Sample Agreement to Establish Multi-Board (or Regional) Professional Standards Enforcement Procedures
Part Thirteen, Form #A-20 — Appeal of Grievance Committee Dismissal or Classification of Arbitration Request
Part Thirteen, Form #A-21 — Action of the Appeal Hearing Tribunal (Arbitration Request)

Part Fourteen — State Association Professional Standards Committee

Questions and Answers

Statements of Professional Standards Policy (Complete Listing)

Professional Standards Training Guide

Pathways to Professionalism

Interpretations of the Code of Ethics

Preface to Case Interpretations

Related to Article 1
Protect and Promote Your Client’s Interests, But be Honest with All Parties

Related to Article 2
Avoid Exaggeration, Misrepresentation, and Concealment of Pertinent Facts.
Do Not Reveal Facts that are Confidential Under the Scope of Your Agency Relationship

Related to Article 3
Cooperate with Other Real Estate Professionals to Advance Client’s Best Interests

Related to Article 4
When Buying or Selling, Make Your Position in the Transaction or Interest Known

Related to Article 5
Disclose Present or Contemplated Interest in Any Property to All Parties

Related to Article 6
Avoid Side Deals without Client’s Informed Consent

Related to Article 7
Accept Compensation from Only One Party, Except with Full Disclosure and Informed Consent

Related to Article 8
Keep the Funds of Clients and Customers in Escrow

Related to Article 9
Assure, Whenever Possible, that Transactional Details are in Writing

Related to Article 10
Provide Equal Service to All Clients and Customers

Related to Article 11
Be Knowledgeable and Competent in the Fields of Practice in Which You Ordinarily Engage. Obtain Assistance or Disclose Lack of Experience if Necessary

Related to Article 12
Present a True Picture in Your Advertising and Other Public Representations

Related to Article 13
Do Not Engage in the Unauthorized Practice of Law

Related to Article 14
Be a Willing Participant in Code Enforcement Procedures

Related to Article 15
Ensure that Your Comments about Other Real Estate Professionals are Truthful, and Not Misleading

Related to Article 16
Respect the Agency Relationships, and other Exclusive Relationships Recognized by Law, that Other REALTORS® have with their Clients

Related to Article 17
Arbitrate Contractual and Specific Non-Contractual Disputes with Other REALTORS® and with Your Clients

NOTE: All new and amended Case Interpretations become effective upon approval by the National Association’s Professional Standards Committee and publication on REALTOR.org.