Real Estate Continuing Education Update

Industry Update and Continuing Education

• 3 hours of real estate and Appraisal continuing education today
• Course satisfies code of ethics membership requirement
• All members required to complete code of ethics training every 3 years

ARPAC Golf Outing

• Annual ARPAC golf outing last week
• ARPAC is important for protecting property rights and homeownership
• Lexi H explains importance of ARPAC investment as a 365 member

Down Payment Assistance

• Partnership with Down Payment Resources (DPR)
• DPR helps connect buyers to down payment assistance programs
• Virtual webinars in July to learn more about DPR program

Upcoming Industry Update

• August 15th with Heather H on short-form video content
• September is Realtor Safety Month, 1-hour safety class

Accredited Buyer's Representative (ABR) Designation

• Free ABR designation course offered September 19-20
• 14 CE credits provided
• Focuses on buyer representation and transactions

Code of Ethics and Pathways to Professionalism

• Code of ethics established in 1908, sets professional standards
• Pathways to Professionalism provides guidance on best practices
• Covers duties to clients, the public, and other agents

Ombudsman Process

• Voluntary process to resolve disputes through communication
• Avoids complex cases, focuses on misunderstandings
• Aims to create mutually acceptable resolutions

Ethics Mediation

• Optional for boards, provides alternative dispute resolution
• Can result in apologies, repairs, discipline, or other remedies
• Separate from arbitration of monetary disputes

Enforcement Process

• Grievance committee evaluates if violation may have occurred
• Hearing panel determines if clear, strong evidence of violation
• Potential discipline includes warnings, fines, suspensions, expulsion

Duty to Cooperate and Best Interests of Client

• Article 3 requires cooperation when in client's best interest
• Does not obligate sharing commissions or compensation
• Coordination with other brokers must protect client interests

Fair Housing and Antitrust Considerations

• Article 10 prohibits discrimination based on protected classes
• Standard of Practice 105 bans use of hate speech, epithets, slurs
• Cooperation policies must avoid appearance of antitrust violations

Disclosure Obligations

• Article 2 requires avoiding misrepresentation or concealment
• Duty to disclose known material facts and defects
• Cannot make statements contradicted by public information### Professionalism in Real Estate
• A real estate agent did not work on Fridays due to their religious beliefs and did not respond to calls or messages on that day.
• They contacted the client and their broker on their return to the office explaining the offer process, which involved submitting offers to a blind email address.

Negotiations and Offer Process

• The offer process involved submitting offers to a blind email address with a deadline for submission before review directly by the clients.
• Negotiations were complicated due to the sale of personal property (a Volkswagen Jetta) during the real estate transaction.

Article 15 Issue

• The question arose whether the agent's post on Facebook about another agent constitutes an Article 15 issue (false or misleading statements about others).
• The post was about the other agent's behavior, and it was discussed whether it was a false or misleading statement about the agent.

Do Not Show

• In the Multiple Listing, there was a "do not show" qualification, meaning the property was not available for showings during certain times (e.g., Tuesdays and Fridays).
• The agent nevertheless entered the property using their lockbox key without scheduling a showing, which was against the rules.

Article 1 and Article 3 Violations

• The agent's post about the other agent on Facebook led to discussions about Article 1 and Article 3 violations.
• Article 1 deals with cooperation and Article 3 deals with returning phone calls and communication.
• The agent's response to the situation was seen as unprofessional, and it was discussed whether they had a valid complaint.

Arbitration Article 17

• Article 17 deals with contractual disputes or specific non-contractual disputes between Realtors.
• In the event of a dispute, the Realtors shall mediate the dispute, and if unresolved, go to arbitration instead of litigation.

Case Study: Rosie Realtor vs. Clyde

• Rosie Realtor worked with a client, Annie, and showed her a fire station property, but Annie later said she didn't want to work with Rosie anymore.
• Rosie claimed she was the procuring cause of the sale, but there was a break in the continuity of events as the client represented herself in the transaction.
• The hearing panel would look at the entire course of events to determine who was the procuring cause and entitled to the commission.

Procuring Cause

• The procuring cause is the cause that sets into motion a series of events that result in the accomplishment of the prime objective (closing the sale).
• The procuring cause is not necessarily the one who fills out the contract or presents the offer, but the one who initiates the transaction and sees it through to the end.

Arbitration Factors

• The six factors in determining the procuring cause in an arbitration case:
  1. Foundation of the sale
  2. Continuity of events
  3. Arbitrability
  4. Appropriate parties
  5. Relevance and admissibility
  6. Communication and continuity/abandonment/estrangement

Industry Update and Continuing Education

• 3 hours of real estate and appraisal continuing education required
• Course satisfies code of ethics membership requirement every 3 years

ARPAC Golf Outing

• ARPAC protects property rights and homeownership
• Importance of ARPAC investment as a 365 member emphasized

Down Payment Assistance

• Partnership with Down Payment Resources (DPR) connects buyers to down payment assistance programs
• Virtual webinars scheduled for July to learn more about DPR program

Upcoming Industry Update

• August 15th: short-form video content with Heather H
• September is Realtor Safety Month, featuring a 1-hour safety class

Accredited Buyer's Representative (ABR) Designation

• Free ABR designation course offered on September 19-20
• 14 CE credits provided, focusing on buyer representation and transactions

Code of Ethics and Pathways to Professionalism

• Code of ethics established in 1908, setting professional standards
• Pathways to Professionalism provides guidance on best practices for duties to clients, the public, and other agents

Ombudsman Process

• Voluntary process resolving disputes through communication, avoiding complex cases
• Aims to create mutually acceptable resolutions

Ethics Mediation

• Optional process for boards, providing alternative dispute resolution
• Can result in apologies, repairs, discipline, or other remedies
• Separate from arbitration of monetary disputes

Enforcement Process

• Grievance committee evaluates potential violations
• Hearing panel determines clear, strong evidence of violation
• Potential discipline includes warnings, fines, suspensions, expulsion

Duty to Cooperate and Best Interests of Client

• Article 3 requires cooperation when in client's best interest
• Does not obligate sharing commissions or compensation
• Coordination with other brokers must protect client interests

Fair Housing and Antitrust Considerations

• Article 10 prohibits discrimination based on protected classes
• Standard of Practice 105 bans use of hate speech, epithets, slurs
• Cooperation policies must avoid appearance of antitrust violations

Disclosure Obligations

• Article 2 requires avoiding misrepresentation or concealment
• Duty to disclose known material facts and defects
• Cannot make statements contradicted by public information

Professionalism in Real Estate

• Real estate agent did not work on Fridays due to religious beliefs
• Agent contacted client and broker on return to office, explaining offer process

Negotiations and Offer Process

• Offer process involved submitting offers to a blind email address with a deadline
• Negotiations complicated by sale of personal property (Volkswagen Jetta) during the real estate transaction

Article 15 Issue

• Post on Facebook about another agent sparked Article 15 issue (false or misleading statements about others)

Do Not Show

• "Do not show" qualification in Multiple Listing means property not available for showings during certain times
• Agent entered property using lockbox key without scheduling a showing, violating rules

Article 1 and Article 3 Violations

• Facebook post led to discussions about Article 1 and Article 3 violations
• Article 1 deals with cooperation, Article 3 deals with returning phone calls and communications