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Ethics Q&A
What sanctions are imposed for violations? Are affiliate members bound by the code?
Read the full Code of Ethics updated for 2003.
Q I thankfully have never been named in an ethics complaint and have every intention to keep that streak alive, but I’m curious about what punishments await those who are found guilty of violations.
A There are a wide range of sanctions that the hearing panel can impose on a member judged to have violated the Code of Ethics. The punishment must be proportionate to the offense and, according to the Code of Ethics and Arbitration Manual, "involve every consideration of justice, equity, and propriety." Hearing panels may take into account a REALTOR®’s previous violations of the code–as well as the sanctions imposed by the current or any other board–when deciding on a proper punishment.
Some of the sanctions include:
- A letter of warning to be placed in the member’s file
- A letter of reprimand to be placed in the member’s file
- A requirement to take a course or seminar
- Probation for up to one year
- Unconditional suspension of at least 30 days but no more than one year
- Suspension of at least 30 days but no more than one year with the option to pay an assessment of no more than $5,000 in lieu of the suspension
- Expulsion for a period of one to three years
- Suspension or termination of MLS rights and privileges.
Boards may also choose to impose administrative fees up to $500 against members who have been found in violation of the Code of Ethics.
Q I was recently the listing agent in a transaction. The seller also hired someone who is an affiliate member of our association to perform a service related to the transaction. This affiliate member referred the seller to another service provider (who is not a member of our association) in a manner that I believe is a violation of Article 6. However, I was told that neither I nor the seller can bring an ethics complaint against an affiliate member. Can this be right?
A
The information you received is correct. While board members who hold
classifications other than REALTOR® are encouraged to uphold the Code
of Ethics, they are not subject to the authority of the board regarding
actions that may be inconsistent with
the code.
If that affiliate member is a member of some other professional association, you can check with that association to see if they have professional standards that are in line with Article 6. (Article 6 prohibits REALTORS® from accepting commissions, rebates, or profits on expenditures for their client without the client’s knowledge and consent.) If the affiliate member is in a profession that is licensed by the state or some other entity, you can also check with the licensing authority to see if any rules have been violated.
Send questions about ethics to texasrealtor@texasrealtors.com. Not all questions received can be answered.
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