2007 Professional Standards Committee Report

Call them back

By Bob Case, Chair
2007 Professional Standards Committee

At how many sales meetings have you heard the following statement? "If only someone had called these people, we wouldn't have this problem."

Clearly most problems could be prevented, or at least resolved, by observing the common courtesies of communication, including follow-up. Plus, our overdependence on technology can create problems. We sent that disclosure over by e-mail, so we know they received it. Right? We faxed that counteroffer over, so we absolutely know they've seen it. Right?

In Linda Whiting's article about the Pathways to Professionalism, which is a list of common courtesies, we can see that many of the courtesies specifically have to do with communications. Some of these courtesies include:

• Responding promptly to inquiries and requests for information.
• Calling if you are delayed or must cancel an appointment or showing.
• Communicating with all parties in a timely fashion.
• Not telling people what you think -- telling them what you know.
• Responding to other agents' calls, faxes, and e-mails promptly and courteously.

Many of the Articles of the Code of Ethics as well specifically have to do with communications, and can be generally described in  the following principles:

• Treating all parties honestly.
• Not concealing pertinent facts.
• Disclosing any interest we may have in any aspect of the transaction.
• Getting things in writing, with copies to all parties.
• Presenting a true picture in advertising and in other representations to the public.
• Not making false or misleading statements about competitors.

We all need to periodically evaluate our own methods in light of the changing climate and challenges of our real estate industry. Then each of us should ask ourselves some hard questions.

1. Do I understand the difference between what may be entirely legal under the scrutiny of the Division of Real Estate -- and what actually might be judged not up to the higher standards of practice associated with our REALTORS® Code of Ethics
2. Have any of my methods caused other agents, clients or customers to complain to me or to my manager?
3. If I were charged with unethical behavior in front of the Board, what would I do? Blindly deny any wrongdoing and defend myself; or, seriously examine my methods and if I realize I am wrong. . would I admit it?

The local Board of REALTORS® ultimate goal in ethics enforcement is education of the member.

And, because in their findings panels must recommend sanctions that will instill the knowledge that was lacking, ethics hearing panels tend to observe both the member's response and their behavior during a hearing.

The Professional Standards Hearing Panel is in the position of having to judge if there is a likelihood that the member found to be in violation of the Code of Ethics will repeat that behavior, or is there evidence they have already learned from the experience.

If a Respondent in an ethics hearing is found in violation of the CODE OF ETHICS, disciplinary action may consist of one or more of the following:

• letter of warning with a copy placed in the member's file
• letter of reprimand with a copy placed in the member's file
• requirement that the member attend the Ethics portion of the Board Orientation Course or other Ethics course, or other Seminar specified by the Hearing Panel.
• assessment of an administrative fee of $500
• appropriate and reasonable fine not to exceed $5,000
• placement on probation, not to exceed one year
• suspension of membership, or
• expulsion from membership

If you were to be found in violation of the Code of Ethics, which of the disciplinary actions would you prefer?

Or would you just wish you had called them back?