職業(yè)道德與行為準(zhǔn)則規(guī)范-美國(guó)房地產(chǎn)經(jīng)紀(jì)人協(xié)會(huì)_圖文

1、 R EALTORS ®may represent the seller/landlord and buyer/tenant in thesame transaction only after full disclosure to and with informedconsent of both parties. (Adopted 1/93Standard of Practice 1-6R EALTORS ®shall submit offers and counter-offers objectively and asquickly as possible. (Adopt

2、ed 1/93, Amended 1/95Standard of Practice 1-7When acting as listing brokers, REALTORS ®shall continue to submitto the seller/landlord all offers and counter-offers until closing orexecution of a lease unless the seller/landlord has waived thisobligation in writing. REALTORS ®shall not be o

3、bligated to continue tomarket the property after an offer has been accepted by theseller/landlord. REALTORS ®shall recommend that sellers/landlordsobtain the advice of legal counsel prior to acceptance of a subsequentoffer except where the acceptance is contingent on the termination ofthe pre-e

4、xisting purchase contract or lease. (Amended 1/93Standard of Practice 1-8R EALTORS ®, acting as agents or brokers of buyers/tenants, shallsubmit to buyers/tenants all offers and counter-offers untilacceptance but have no obligation to continue to show properties totheir clients after an offer h

5、as been accepted unless otherwise agreedin writing. REALTORS ®, acting as agents or brokers of buyers/tenants,shall recommend that buyers/tenants obtain the advice of legalcounsel if there is a question as to whether a pre-existing contract hasbeen terminated. (Adopted 1/93, Amended 1/99Standar

6、d of Practice 1-9The obligation of REALTORS ®to preserve condential information (asdened by state law provided by their clients in the course of anyagency relationship or non-agencyrelationship recognized by lawcontinues after termination of agency relationships or any non-agency relationships

7、recognized by law. REALTORS ®shall notknowingly, during or following the termination of professionalrelationships with their clients:1 reveal condential information of clients; or2 use condential information of clients to the disadvantage ofclients; or3 use confidential information of clients f

8、or the REALTOR ®sadvantage or the advantage of third parties unless:a clients consent after full disclosure; orb R EALTORS ®are required by court order; orc it is the intention of a client to commit a crime and theinformation is necessary to prevent the crime; ord it is necessary to defend

9、 a REALTOR ®or the REALTOR ®semployees or associates against an accusation of wrongfulconduct.Information concerning latent material defects is not consideredcondential information under this Code of Ethics. (Adopted 1/93,Amended 1/01Standard of Practice 1-10R EALTORS ®shall, consiste

10、nt with the terms and conditions of theirreal estate licensure and their property management agreement,competently manage the property of clients with due regard for therights, safety and health of tenants and others lawfully on thepremises. (Adopted 1/95, Amended 1/00Standard of Practice 1-11R EALT

11、ORS ®who are employed to maintain or manage a clientsproperty shall exercise due diligence and make reasonable efforts toprotect it against reasonably foreseeable contingencies and losses.(Adopted 1/95When entering into listing contracts, REALTORS ®must advisesellers/landlords of:1 the REA

12、LTOR ®s company policies regarding cooperation and theamount(s of any compensation that will be offered to subagents,buyer/tenant agents, and/or brokers acting in legally recognizednon-agency capacities;2 the fact that buyer/tenant agents or brokers, even if compensatedby listing brokers, or by

13、 sellers/landlords may represent theinterests of buyers/tenants; and3 any potential for listing brokers to act as disclosed dual agents,e . g . , buyer/tenant agents. (Adopted 1/93, Renumbered 1/98,Amended 1/03Standard of Practice 1-13When entering into buyer/tenant agreements, REALTORS ®must a

14、dvisepotential clients of:1 the REALTOR ®s company policies regarding cooperation;2 the amount of compensation to be paid by the client;3 the potential for additional or offsetting compensation from otherbrokers, from the seller or landlord, or from other parties;4 any potential for the buyer/t

15、enant representative to act as adisclosed dual agent, e.g. , listing broker, subagent, landlordsagent, etc., and5 the possibility that sellers or sellersrepresentatives may not treatthe existence, terms, or conditions of offers as condentialunless condentiality is required by law, regulation, or by

16、anycondentiality agreement between the parties. (Adopted 1/93,Renumbered 1/98, Amended 1/06Standard of Practice 1-14Fees for preparing appraisals or other valuations shall not be contingentupon the amount of the appraisal or valuation. (Adopted 1/02Standard of Practice 1-15R EALTORS ®, in respo

17、nse to inquiries from buyers or cooperatingbrokers shall, with the sellersapproval, disclose the existence ofoffers on the property. Where disclosure is authorized, REALTORS ®shall also disclose, if asked, whether offers were obtained by thelisting licensee, another licensee in the listing rm,

18、or by acooperating broker. (Adopted 1/03, Amended 1/09Article 2R EALTORS ®shall avoid exaggeration, misrepresentation, or concealmentof pertinent facts relating to the property or the transaction. REALTORS ®shall not, however,be obligated to discover latent defects in the property,to advis

19、e on matters outside the scope of their real estate license, or todisclose facts which are condential under the scope of agency ornon-agency relationships as dened by state law. (Amended 1/00Standard of Practice 2-1R EALTORS ®shall only be obligated to discover and disclose adversefactors reaso

20、nably apparent to someone with expertise in those areasrequired by their real estate licensing authority.Article 2 does notimpose upon the REALTOR ®the obligation of expertise in otherprofessional or technical disciplines. (Amended 1/96Standard of Practice 2-2(Renumbered as Standardof Practice

21、1-12 1/98Standard of Practice 2-3(Renumbered as Standard of Practice 1-13 1/98Standard of Practice 2-4R EALTORS ®shall not be parties to the naming of a false considerationin any document, unless it be the naming of an obviously nominalconsideration. contracts, and leases are in writing in clea

22、r and understandable languageexpressing the specic terms, conditions, obligations and commitmentsof the parties. A copy of each agreement shall be furnished to each partyto such agreements upon their signing or initialing. (Amended 1/04Standard of Practice 9-1For the protection of all parties, REALT

23、ORS ®shall use reasonable careto ensure that documents pertaining to the purchase, sale, or lease ofreal estate are kept current through the use of written extensions oramendments. (Amended 1/93Standard of Practice 9-2When assisting or enabling a client or customer in establishing acontractual

24、relationship (e.g., listing and representation agreements,purchase agreements, leases, etc. electronically, REALTORS ®shall make reasonable efforts to explain the nature and disclose thespecic terms of the contractual relationship being established priorto it being agreed to by a contracting pa

25、rty. (Adopted 1/07Duties to the PublicArticle 10R EALTORS ®shall not deny equal professional services to any person forreasons of race, color, religion, sex, handicap, familial status, ornational origin. REALTORS ®shall not be parties to any plan oragreement to discriminate against a perso

26、n or persons on the basis ofrace, color, religion, sex, handicap, familial status, or national origin.(Amended 1/90R EALTORS ®, in their real estate employment practices, shall notdiscriminate against anyperson or persons on the basis of race,color, religion, sex, handicap, familial status, or

27、national origin. (Amended 1/00Standard of Practice 10-1When involved in the sale or lease of a residence, REALTORS ®shall not volunteer information regarding the racial, religiousor ethnic composition of any neighborhood nor shall they engage inany activity which may result in panic selling, ho

28、wever, REALTORS ®may provide other demographic information. (Adopted 1/94,Amended 1/06Standard of Practice 10-2When not involved in the sale or lease of a residence, REALTORS ®may provide demographic information related to a property, transaction orprofessional assignment to a party if suc

29、h demographic informationis (a deemed by the REALTOR ®to be needed to assist with or com-plete, in a manner consistent with Article 10, a real estate transactionor professional assignment and (b is obtained or derived from a rec-ognized, reliable, independent, and impartial source. The source o

30、fsuch information and anyadditions, deletions, modifications,interpretations, or other changes shall be disclosed in reasonabledetail. (Adopted 1/05, Renumbered 1/06Standard of Practice 10-3R EALTORS ®shall not print, display or circulate anystatement oradvertisement with respect to selling or

31、renting of a property thatindicates any preference, limitations or discrimination based on race,color, religion, sex, handicap, familial status, or national origin.(Adopted 1/94, Renumbered 1/05 and 1/06Standard of Practice 10-4As used in Article 10 “real estate employment practices” relatesto emplo

32、yees and independent contractors providing real estate-related services and the administrative and clerical staff directlysupporting those individuals. (Adopted 1/00, Renumbered 1/05and 1/06Article 11The services which REALTORS ®provide to their clients and customersshall conform to the standar

33、ds of practice and competence which arereasonably expected in the specic real estate disciplines in which theyengage; specically, residential real estate brokerage, real propertymanagement, commercial and industrial real estate brokerage, landbrokerage, real estate appraisal, real estate counseling,

34、 real estatesyndication, real estate auction, and international real estate.R EALTORS ®shall not undertake to provide specialized professionalservices concerning a type of property or service that is outside theireld of competence unless they engage the assistance of one who iscompetent on such

35、 types of property or service, or unless the facts arefully disclosed to the client. Any persons engaged to provide suchassistance shall be so identied to the client and their contribution tothe assignment should be set forth. (Amended 1/10Standard of Practice 11-1When REALTORS ®prepare opinion

36、s of real property value or price, otherthan in pursuit of a listing or to assist a potential purchaser informulating a purchase offer, such opinions shall include the followingunless the party requesting the opinion requires a specic type of reportor different data set:1 identication of the subject

37、 property2 date prepared3 dened value or price4 limiting conditions, including statements of purpose(s andintended user(s5 any present or contemplated interest, including the possibility ofrepresenting the seller/landlord or buyers/tenants6 basis for the opinion, including applicable market data7 if

38、 the opinion is not an appraisal, a statement to that effect(Amended 1/10Standard of Practice 11-2The obligations of the Code of Ethics in respect of real estatedisciplines other than appraisal shall be interpreted and applied inaccordance with the standards of competence and practice whichclients a

39、nd the public reasonably require to protect their rights andinterests considering the complexity of the transaction, theavailability of expert assistance, and, where the REALTOR ®is an agentor subagent, the obligations of a duciary. (Adopted 1/95Standard of Practice 11-3When R EALTORS ®pro

40、vide consultiveservices to clients whichinvolve advice or counsel for a fee (not a commission, such adviceshall be rendered in an objectivemanner and the fee shall not becontingent on the substance of the advice or counsel given Ifbrokerage or transaction services are to be provided in addition toco

41、nsultive services, a separate compensation may be paid with prioragreement between the client and REALTOR ®. (Adopted 1/96Standard of Practice 11-4The competency required by Article 11 relates to services contractedfor between REALTORS ®and their clients or customers; the dutiesexpressly i

42、mposed by the Code of Ethics; and the duties imposed bylaw or regulation. (Adopted 1/02Article 12R EALTORS ®shall be honest and truthful in their real estatecommunications and shall present a true picture in their advertising,marketing, and other representations. REALTORS ®shall ensure tha

43、t their Standard of Practice 14-3 REALTORS® shall not obstruct the Boards investigative or professional standards proceedings by instituting or threatening to institute actions for libel, slander, or defamation against any party to a professional standards proceeding or their witnesses based on

44、 the ling of an arbitration request, an ethics complaint, or testimony given before any tribunal. (Adopted 11/87, Amended 1/99 Standard of Practice 14-4 REALTORS® shall not intentionally impede the Boards investigative or disciplinary proceedings by ling multiple ethics complaints based on the

45、same event or transaction. (Adopted 11/88 Article 16 is intended to recognize as unethical two basic types of solicitations: First, telephone or personal solicitations of property owners who have been identified by a real estate sign, multiple listing compilation, or other information service as hav

46、ing exclusively listed their property with another REALTOR® and Second, mail or other forms of written solicitations of prospects whose properties are exclusively listed with another REALTOR® when such solicitations are not part of a general mailing but are directed specically to property

47、owners identied through compilations of current listings, “for sale” or “for rent” signs, or other sources of information required by Article 3 and Multiple Listing Service rules to be made available to other REALTORS® under offers of subagency or cooperation. (Amended 1/04 Standard of Practice

48、 16-3 Article 16 does not preclude REALTORS® from contacting the client of another broker for the purpose of offering to provide, or entering into a contract to provide, a different type of real estate service unrelated to the type of service currently being provided (e.g., property management

49、as opposed to brokerage or from offering the same type of service for property not subject to other brokers exclusive agreements. However, information received through a Multiple Listing Service or any other offer of cooperation may not be used to target clients of other REALTORS® to whom such

50、offers to provide services may be made. (Amended 1/04 Standard of Practice 16-4 REALTORS® shall not solicit a listing which is currently listed exclusively with another broker. However, if the listing broker, when asked by the REALTOR®, refuses to disclose the expiration date and nature of

51、 such listing; i.e., an exclusive right to sell, an exclusive agency, open listing, or other form of contractual agreement between the listing broker and the client, the REALTOR® may contact the owner to secure such information and may discuss the terms upon which the REALTOR® might take a

52、 future listing or, alternatively, may take a listing to become effective upon expiration of any existing exclusive listing. (Amended 1/94 Standard of Practice 16-5 REALTORS® shall not solicit buyer/tenant agreements from buyers/ tenants who are subject to exclusive buyer/tenant agreements. How

53、ever, if asked by a REALTOR®, the broker refuses to disclose the expiration date of the exclusive buyer/tenant agreement, the REALTOR® may contact the buyer/tenant to secure such information and may discuss the terms upon which the REALTOR® might enter into a future buyer/tenant agree

54、ment or, alternatively, may enter into a buyer/tenant agreement to become effective upon the expiration of any existing exclusive buyer/tenant agreement. (Adopted 1/94, Amended 1/98 Standard of Practice 16-6 When REALTORS® are contacted by the client of another REALTOR® regarding the creat

55、ion of an exclusive relationship to provide the same type of service, and REALTORS® have not directly or indirectly initiated such discussions, they may discuss the terms upon which they might enter into a future agreement or, alternatively, may enter into an agreement which becomes effective u

56、pon expiration of any existing exclusive agreement. (Amended 1/98 Standard of Practice 16-7 The fact that a prospect has retained a REALTOR® as an exclusive representative or exclusive broker in one or more past transactions does not preclude other REALTORS® from seeking such prospects fut

57、ure business. (Amended 1/04 Duties to REALTORS® Article 15 REALTORS® shall not knowingly or recklessly make false or misleading statements about competitors, their businesses, or their business practices. (Amended 1/92 Standard of Practice 15-1 REALTORS® shall not knowingly or reckles

58、sly le false or unfounded ethics complaints. (Adopted 1/00 Standard of Practice 15-2 The obligation to refrain from making false or misleading statements about competitors, competitors businesses, and competitors business practices includes the duty to not knowingly or recklessly publish, repeat, re

59、transmit, or republish false or misleading statements made by others. This duty applies whether false or misleading statements are repeated in person, in writing, by technological means (e.g., the Internet, or by any other means. (Adopted 1/07, Amended 1/10 Standard of Practice 15-3 The obligation t

60、o refrain from making false or misleading statements about competitors, competitors businesses, and competitors business practices includes the duty to publish a clarication about or to remove statements made by others on electronic media the REALTOR® controls once the REALTOR® knows the statement is false or misleading. (Adopted 1/10 Article 16 REALTORS® shall not engage in any practice or take any action incon