2024 National Association of REALTORS® Code of Ethics and Standards of Practice PDF

CODE OF ETHICS AND STANDARDS OF PRACTICE OF THE NATIONAL ASSOCIATION OF REALTORS® Effective January 1, 2024 Where the word REALTORS® is used in this Code and Preamble, it In the interpretation of this obligation, REALTORS® can take no safer shall be deemed to include REALTOR ASSOCIATE®s....

CODE OF ETHICS AND STANDARDS OF PRACTICE OF THE NATIONAL ASSOCIATION OF REALTORS® Effective January 1, 2024 Where the word REALTORS® is used in this Code and Preamble, it In the interpretation of this obligation, REALTORS® can take no safer shall be deemed to include REALTOR ASSOCIATE®s. guide than that which has been handed down through the centuries, embodied in the Golden Rule, “Whatsoever ye would that others While the Code of Ethics establishes obligations that may be higher should do to you, do ye even so to them.” than those mandated by law, in any instance where the Code of Ethics and the law conflict, the obligations of the law must Accepting this standard as their own, REALTORS® pledge to observe take precedence. its spirit in all of their activities whether conducted personally, through associates or others, or via technological means, and to Preamble conduct their business in accordance with the tenets set forth below. Under all is the land. Upon its wise utilization and widely allocated (Amended 1/07) ownership depend the survival and growth of free institutions and of our civilization. REALTORS® should recognize that the interests Duties to Clients and Customers of the nation and its citizens require the highest and best use of the land and the widest distribution of land ownership. They require Article 1 the creation of adequate housing, the building of functioning cities, the development of productive industries and farms, and the When representing a buyer, seller, landlord, tenant, or other client preservation of a healthful environment. as an agent, REALTORS® pledge themselves to protect and promote the interests of their client. This obligation to the client is primary, Such interests impose obligations beyond those of ordinary but it does not relieve REALTORS® of their obligation to treat all commerce. They impose grave social responsibility and a patriotic parties honestly. When serving a buyer, seller, landlord, tenant or duty to which REALTORS® should dedicate themselves, and for other party in a non-agency capacity, REALTORS® remain obligated which they should be diligent in preparing themselves. REALTORS®, to treat all parties honestly. (Amended 1/01) therefore, are zealous to maintain and improve the standards of their calling and share with their fellow REALTORS® a common Standard of Practice 1-1 responsibility for its integrity and honor. REALTORS®, when acting as principals in a real estate transaction, remain obligated by the duties imposed by the Code of Ethics. In recognition and appreciation of their obligations to clients, (Amended 1/93) customers, the public, and each other, REALTORS® continuously Standard of Practice 1-2 strive to become and remain informed on issues affecting real estate The duties imposed by the Code of Ethics encompass all real and, as knowledgeable professionals, they willingly share the fruit estate-related activities and transactions whether conducted in of their experience and study with others. They identify and take person, electronically, or through any other means. steps, through enforcement of this Code of Ethics and by assisting appropriate regulatory bodies, to eliminate practices which may The duties the Code of Ethics imposes are applicable whether damage the public or which might discredit or bring dishonor REALTORS® are acting as agents or in legally recognized non- to the real estate profession. REALTORS® having direct personal agency capacities except that any duty imposed exclusively on knowledge of conduct that may violate the Code of Ethics involving agents by law or regulation shall not be imposed by this Code of misappropriation of client or customer funds or property, willful Ethics on REALTORS® acting in non-agency capacities. discrimination, or fraud resulting in substantial economic harm, As used in this Code of Ethics, “client” means the person(s) bring such matters to the attention of the appropriate Board or or entity(ies) with whom a REALTOR® or a REALTOR®’s firm Association of REALTORS®. (Amended 1/00) has an agency or legally recognized non-agency relationship; Realizing that cooperation with other real estate professionals “customer” means a party to a real estate transaction who promotes the best interests of those who utilize their services, receives information, services, or benefits but has no contractual REALTORS® urge exclusive representation of clients; do not attempt relationship with the REALTOR® or the REALTOR®’s firm; to gain any unfair advantage over their competitors; and they refrain “prospect” means a purchaser, seller, tenant, or landlord who is from making unsolicited comments about other practitioners. not subject to a representation relationship with the REALTOR® or In instances where their opinion is sought, or where REALTORS® REALTOR®’s firm; “agent” means a real estate licensee (including believe that comment is necessary, their opinion is offered in an brokers and sales associates) acting in an agency relationship objective, professional manner, uninfluenced by any personal as defined by state law or regulation; and “broker” means a real motivation or potential advantage or gain. estate licensee (including brokers and sales associates) acting as an agent or in a legally recognized non-agency capacity. The term REALTOR® has come to connote competency, fairness, (Adopted 1/95, Amended 1/07) and high integrity resulting from adherence to a lofty ideal of moral conduct in business relations. No inducement of profit and no Standard of Practice 1-3 instruction from clients ever can justify departure from this ideal. REALTORS®, in attempting to secure a listing, shall not deliberately mislead the owner as to market value.  Standard of Practice 1-4 Standard of Practice 1-10 REALTORS®, when seeking to become a buyer/tenant REALTORS® shall, consistent with the terms and conditions of their representative, shall not mislead buyers or tenants as to savings real estate licensure and their property management agreement, or other benefits that might be realized through use of the competently manage the property of clients with due regard for REALTOR®’s services. (Amended 1/93) the rights, safety and health of tenants and others lawfully on the Standard of Practice 1-5 premises. (Adopted 1/95, Amended 1/00) REALTORS® may represent the seller/landlord and buyer/tenant Standard of Practice 1-11 in the same transaction only after full disclosure to and with REALTORS® who are employed to maintain or manage a client’s informed consent of both parties. (Adopted 1/93) property shall exercise due diligence and make reasonable efforts Standard of Practice 1-6 to protect it against reasonably foreseeable contingencies and REALTORS® shall submit offers and counter-offers objectively and losses. (Adopted 1/95) as quickly as possible. (Adopted 1/93, Amended 1/95) Standard of Practice 1-12 Standard of Practice 1-7 When entering into listing contracts, REALTORS® must advise When acting as listing brokers, REALTORS® shall continue to sellers/landlords of: submit to the seller/landlord all offers and counter-offers until 1) the REALTOR®’s company policies regarding cooperation closing or execution of a lease unless the seller/landlord has and the amount(s) of any compensation that will be offered waived this obligation in writing. Upon the written request of a to subagents, buyer/tenant agents, and/or brokers acting in cooperating broker who submits an offer to the listing broker, legally recognized non-agency capacities; the listing broker shall provide, as soon as practical, a written 2) the fact that buyer/tenant agents or brokers, even if affirmation to the cooperating broker stating that the offer has compensated by listing brokers, or by sellers/landlords may been submitted to the seller/landlord, or a written notification represent the interests of buyers/tenants; and that the seller/landlord has waived the obligation to have the offer presented. REALTORS® shall not be obligated to continue 3) any potential for listing brokers to act as disclosed to market the property after an offer has been accepted by dual agents, e.g., buyer/tenant agents. (Adopted 1/93, the seller/landlord. REALTORS® shall recommend that sellers/ Renumbered 1/98, Amended 1/03) landlords obtain the advice of legal counsel prior to acceptance Standard of Practice 1-13 of a subsequent offer except where the acceptance is contingent When entering into buyer/tenant agreements, REALTORS® must on the termination of the pre-existing purchase contract or lease. advise potential clients of: (Amended 1/20) 1) the REALTOR®’s company policies regarding cooperation; Standard of Practice 1-8 REALTORS®, acting as agents or brokers of buyers/tenants, 2) the amount of compensation to be paid by the client; shall submit to buyers/tenants all offers and counter-offers until 3) the potential for additional or offsetting compensation from acceptance but have no obligation to continue to show properties other brokers, from the seller or landlord, or from other to their clients after an offer has been accepted unless otherwise parties; agreed in writing. Upon the written request of the listing broker 4) any potential for the buyer/tenant representative to act as a who submits a counter-offer to the buyer’s/tenant’s broker, the disclosed dual agent, e.g., listing broker, subagent, landlord’s buyer’s/tenant’s broker shall provide, as soon as practical, a agent, etc.; and written affirmation to the listing broker stating that the counter- offer has been submitted to the buyers/tenants, or a written 5) the possibility that sellers or sellers’ representatives may notification that the buyers/tenants have waived the obligation to not treat the existence, terms, or conditions of offers have the counter-offer presented. REALTORS®, acting as agents or as confidential unless confidentiality is required by law, brokers of buyers/tenants, shall recommend that buyers/tenants regulation, or by any confidentiality agreement between the obtain the advice of legal counsel if there is a question as to parties. (Adopted 1/93, Renumbered 1/98, Amended 1/06) whether a pre-existing contract has been terminated. Standard of Practice 1-14 (Adopted 1/93, Amended 1/22) Fees for preparing appraisals or other valuations shall not be Standard of Practice 1-9 contingent upon the amount of the appraisal or valuation. The obligation of REALTORS® to preserve confidential information (Adopted 1/02) (as defined by state law) provided by their clients in the course of Standard of Practice 1-15 any agency relationship or non-agency relationship recognized REALTORS®, in response to inquiries from buyers or cooperating by law continues after termination of agency relationships or any brokers shall, with the sellers’ approval, disclose the existence non-agency relationships recognized by law. REALTORS® shall of offers on the property. Where disclosure is authorized, not knowingly, during or following the termination of professional REALTORS® shall also disclose, if asked, whether offers were relationships with their clients: obtained by the listing licensee, another licensee in the listing 1) reveal confidential information of clients; or firm, or by a cooperating broker. (Adopted 1/03, Amended 1/09) 2) use confidential information of clients to the disadvantage of Standard of Practice 1-16 clients; or REALTORS® shall not access or use, or permit or enable others to 3) use confidential information of clients for the REALTOR®’s access or use, listed or managed property on terms or conditions advantage or the advantage of third parties unless: other than those authorized by the owner or seller. (Adopted 1/12) a) clients consent after full disclosure; or Article 2 b) REALTORS® are required by court order; or REALTORS® shall avoid exaggeration, misrepresentation, or c) it is the intention of a client to commit a crime and the concealment of pertinent facts relating to the property or the information is necessary to prevent the crime; or transaction. REALTORS® shall not, however, be obligated to discover d) it is necessary to defend a REALTOR® or the REALTOR®’s latent defects in the property, to advise on matters outside the employees or associates against an accusation of scope of their real estate license, or to disclose facts which are wrongful conduct. confidential under the scope of agency or non-agency relationships Information concerning latent material defects is not considered as defined by state law. (Amended 1/00) confidential information under this Code of Ethics. (Adopted 1/93, Amended 1/01)  Standard of Practice 2-1 Standard of Practice 3-6 REALTORS® shall only be obligated to discover and disclose REALTORS® shall disclose the existence of accepted offers, adverse factors reasonably apparent to someone with expertise including offers with unresolved contingencies, to any broker in those areas required by their real estate licensing authority. seeking cooperation. (Adopted 5/86, Amended 1/04) Article 2 does not impose upon the REALTOR® the obligation of Standard of Practice 3-7 expertise in other professional or technical disciplines. When seeking information from another REALTOR® concerning (Amended 1/96) property under a management or listing agreement, REALTORS® Standard of Practice 2-2 shall disclose their REALTOR® status and whether their interest is (Renumbered as Standard of Practice 1-12 1/98) personal or on behalf of a client and, if on behalf of a client, their Standard of Practice 2-3 relationship with the client. (Amended 1/11) (Renumbered as Standard of Practice 1-13 1/98) Standard of Practice 3-8 REALTORS® shall not misrepresent the availability of access to Standard of Practice 2-4 show or inspect a listed property. (Amended 11/87) REALTORS® shall not be parties to the naming of a false consideration in any document, unless it be the naming of an Standard of Practice 3-9 obviously nominal consideration. REALTORS® shall not provide access to listed property on terms other than those established by the owner or the seller. (Adopted Standard of Practice 2-5 1/10, Amended 1/23) Factors defined as “non-material” by law or regulation or which are expressly referenced in law or regulation as not being subject Standard of Practice 3-10 to disclosure are considered not “pertinent” for purposes of The duty to cooperate established in Article 3 relates to the Article 2. (Adopted 1/93) obligation to share information on listed property, and to make property available to other brokers for showing to prospective Article 3 purchasers/tenants when it is in the best interests of sellers/ REALTORS® shall cooperate with other brokers except when landlords. (Adopted 1/11) cooperation is not in the client’s best interest. The obligation to Standard of Practice 3-11 cooperate does not include the obligation to share commissions, REALTORS® may not refuse to cooperate on the basis of a broker’s fees, or to otherwise compensate another broker. (Amended 1/95) race, color, religion, sex, disability, familial status, national origin, sexual orientation, or gender identity. (Adopted 1/20, Amended 1/23) Standard of Practice 3-1 REALTORS®, acting as exclusive agents or brokers of sellers/ Article 4 landlords, establish the terms and conditions of offers to cooperate. Unless expressly indicated in offers to cooperate, REALTORS® shall not acquire an interest in or buy or present offers cooperating brokers may not assume that the offer of cooperation from themselves, any member of their immediate families, their includes an offer of compensation. Terms of compensation, if any, firms or any member thereof, or any entities in which they have shall be ascertained by cooperating brokers before beginning any ownership interest, any real property without making their efforts to accept the offer of cooperation. (Amended 1/99) true position known to the owner or the owner’s agent or broker. In selling property they own, or in which they have any interest, Standard of Practice 3-2 REALTORS® shall reveal their ownership or interest in writing to the Any change in compensation offered for cooperative services purchaser or the purchaser’s representative. (Amended 1/00) must be communicated to the other REALTOR® prior to the time that REALTOR® submits an offer to purchase/lease the property. Standard of Practice 4-1 After a REALTOR® has submitted an offer to purchase or lease For the protection of all parties, the disclosures required by property, the listing broker may not attempt to unilaterally modify Article 4 shall be in writing and provided by REALTORS® prior to the offered compensation with respect to that cooperative the signing of any contract. (Adopted 2/86) transaction. (Amended 1/14) Article 5 Standard of Practice 3-3 REALTORS® shall not undertake to provide professional services Standard of Practice 3-2 does not preclude the listing broker and concerning a property or its value where they have a present or cooperating broker from entering into an agreement to change contemplated interest unless such interest is specifically disclosed cooperative compensation. (Adopted 1/94) to all affected parties. Standard of Practice 3-4 REALTORS®, acting as listing brokers, have an affirmative Article 6 obligation to disclose the existence of dual or variable rate REALTORS® shall not accept any commission, rebate, or profit on commission arrangements (i.e., listings where one amount of expenditures made for their client, without the client’s knowledge commission is payable if the listing broker’s firm is the procuring and consent. cause of sale/lease and a different amount of commission is payable if the sale/lease results through the efforts of the seller/ When recommending real estate products or services (e.g., landlord or a cooperating broker). The listing broker shall, as homeowner’s insurance, warranty programs, mortgage financing, soon as practical, disclose the existence of such arrangements to title insurance, etc.), REALTORS® shall disclose to the client or potential cooperating brokers and shall, in response to inquiries customer to whom the recommendation is made any financial from cooperating brokers, disclose the differential that would benefits or fees, other than real estate referral fees, the REALTOR® result in a cooperative transaction or in a sale/lease that results or REALTOR®’s firm may receive as a direct result of such through the efforts of the seller/landlord. If the cooperating recommendation. (Amended 1/99) broker is a buyer/tenant representative, the buyer/tenant Standard of Practice 6-1 representative must disclose such information to their client REALTORS® shall not recommend or suggest to a client or a before the client makes an offer to purchase or lease. customer the use of services of another organization or business (Amended 1/02) entity in which they have a direct interest without disclosing Standard of Practice 3-5 such interest at the time of the recommendation or suggestion. It is the obligation of subagents to promptly disclose all pertinent (Amended 5/88) facts to the principal’s agent prior to as well as after a purchase or lease agreement is executed. (Amended 1/93) Article 7 In a transaction, REALTORS® shall not accept compensation from more than one party, even if permitted by law, without disclosure to all parties and the informed consent of the REALTOR®’s client or on race, color, religion, sex, disability, familial status, national clients. (Amended 1/93) origin, sexual orientation, or gender identity. (Adopted 1/94, Renumbered 1/05 and 1/06, Amended 1/23) Article 8 Standard of Practice 10-4 REALTORS® shall keep in a special account in an appropriate As used in Article 10 “real estate employment practices” relates to financial institution, separated from their own funds, monies coming employees and independent contractors providing real estate- into their possession in trust for other persons, such as escrows, trust related services and the administrative and clerical staff directly funds, clients’ monies, and other like items. supporting those individuals. (Adopted 1/00, Renumbered 1/05 and 1/06) Article 9 Standard of Practice 10-5 REALTORS®, for the protection of all parties, shall assure whenever REALTORS® must not use harassing speech, hate speech, epithets, possible that all agreements related to real estate transactions or slurs based on race, color, religion, sex, disability, familial status, including, but not limited to, listing and representation agreements, national origin, sexual orientation, or gender identity. (Adopted purchase contracts, and leases are in writing in clear and and effective November 13, 2020, Amended 1/23) understandable language expressing the specific terms, conditions, obligations and commitments of the parties. A copy of each Article 11 agreement shall be furnished to each party to such agreements The services which REALTORS® provide to their clients and upon their signing or initialing. (Amended 1/04) customers shall conform to the standards of practice and Standard of Practice 9-1 competence which are reasonably expected in the specific real For the protection of all parties, REALTORS® shall use reasonable estate disciplines in which they engage; specifically, residential care to ensure that documents pertaining to the purchase, sale, real estate brokerage, real property management, commercial or lease of real estate are kept current through the use of written and industrial real estate brokerage, land brokerage, real estate extensions or amendments. (Amended 1/93) appraisal, real estate counseling, real estate syndication, real estate Standard of Practice 9-2 auction, and international real estate. When assisting or enabling a client or customer in establishing REALTORS® shall not undertake to provide specialized professional a contractual relationship (e.g., listing and representation services concerning a type of property or service that is outside agreements, purchase agreements, leases, etc.) electronically, their field of competence unless they engage the assistance of one REALTORS® shall make reasonable efforts to explain the nature who is competent on such types of property or service, or unless and disclose the specific terms of the contractual relationship the facts are fully disclosed to the client. Any persons engaged to being established prior to it being agreed to by a contracting provide such assistance shall be so identified to the client and their party. (Adopted 1/07) contribution to the assignment should be set forth. (Amended 1/10) Standard of Practice 11-1 Duties to the Public When REALTORS® prepare opinions of real property value or price they must: Article 10 1) be knowledgeable about the type of property being valued, REALTORS® shall not deny equal professional services to any person for reasons of race, color, religion, sex, disability, familial status, 2) have access to the information and resources necessary to national origin, sexual orientation, or gender identity. REALTORS® formulate an accurate opinion, and shall not be parties to any plan or agreement to discriminate 3) be familiar with the area where the subject property is against a person or persons on the basis of race, color, religion, located sex, disability, familial status, national origin, sexual orientation, or gender identity. (Amended 1/23) unless lack of any of these is disclosed to the party requesting the opinion in advance. REALTORS®, in their real estate employment practices, shall not discriminate against any person or persons on the basis of race, When an opinion of value or price is prepared other than in color, religion, sex, disability, familial status, national origin, sexual pursuit of a listing or to assist a potential purchaser in formulating orientation, or gender identity. (Amended 1/23) a purchase offer, the opinion shall include the following unless the party requesting the opinion requires a specific type of report or Standard of Practice 10-1 different data set: When involved in the sale or lease of a residence, REALTORS® shall not volunteer information regarding the racial, religious 1) identification of the subject property or ethnic composition of any neighborhood nor shall they 2) date prepared engage in any activity which may result in panic selling, however, 3) defined value or price REALTORS® may provide other demographic information. 4) limiting conditions, including statements of purpose(s) and (Adopted 1/94, Amended 1/06) intended user(s) Standard of Practice 10-2 5) any present or contemplated interest, including the When not involved in the sale or lease of a residence, REALTORS® possibility of representing the seller/landlord or buyers/ may provide demographic information related to a property, tenants transaction or professional assignment to a party if such 6) basis for the opinion, including applicable market data demographic information is (a) deemed by the REALTOR® to be needed to assist with or complete, in a manner consistent 7) if the opinion is not an appraisal, a statement to that effect with Article 10, a real estate transaction or professional 8) disclosure of whether and when a physical inspection of the assignment and (b) is obtained or derived from a recognized, property’s exterior was conducted reliable, independent, and impartial source. The source of 9) disclosure of whether and when a physical inspection of the such information and any additions, deletions, modifications, property’s interior was conducted interpretations, or other changes shall be disclosed in reasonable 10) disclosure of whether the REALTOR® has any conflicts of detail. (Adopted 1/05, Renumbered 1/06) interest (Amended 1/14) Standard of Practice 10-3 Standard of Practice 11-2 REALTORS® shall not print, display or circulate any statement or The obligations of the Code of Ethics in respect of real estate advertisement with respect to selling or renting of a property disciplines other than appraisal shall be interpreted and applied in that indicates any preference, limitations or discrimination based accordance with the standards of competence and practice which  clients and the public reasonably require to protect their rights Standard of Practice 12-7 and interests considering the complexity of the transaction, the Only REALTORS® who participated in the transaction as the listing availability of expert assistance, and, where the REALTOR® is an broker or cooperating broker (selling broker) may claim to have agent or subagent, the obligations of a fiduciary. (Adopted 1/95) “sold” the property. Prior to closing, a cooperating broker may Standard of Practice 11-3 post a “sold” sign only with the consent of the listing broker. When REALTORS® provide consultive services to clients which (Amended 1/96) involve advice or counsel for a fee (not a commission), such advice Standard of Practice 12-8 shall be rendered in an objective manner and the fee shall not The obligation to present a true picture in representations to the be contingent on the substance of the advice or counsel given. If public includes information presented, provided, or displayed on brokerage or transaction services are to be provided in addition REALTORS®’ websites. REALTORS® shall use reasonable efforts to consultive services, a separate compensation may be paid with to ensure that information on their websites is current. When it prior agreement between the client and REALTOR®. becomes apparent that information on a REALTOR®’s website is (Adopted 1/96) no longer current or accurate, REALTORS® shall promptly take corrective action. (Adopted 1/07) Standard of Practice 11-4 The competency required by Article 11 relates to services Standard of Practice 12-9 contracted for between REALTORS® and their clients or REALTOR® firm websites shall disclose the firm’s name and state(s) customers; the duties expressly imposed by the Code of Ethics; of licensure in a reasonable and readily apparent manner. and the duties imposed by law or regulation. (Adopted 1/02) Websites of REALTORS® and non-member licensees affiliated with a REALTOR® firm shall disclose the firm’s name and that Article 12 REALTOR®’s or non-member licensee’s state(s) of licensure in a REALTORS® shall be honest and truthful in their real estate reasonable and readily apparent manner. (Adopted 1/07) communications and shall present a true picture in their advertising, Standard of Practice 12-10 marketing, and other representations. REALTORS® shall ensure REALTORS®’ obligation to present a true picture in their that their status as real estate professionals is readily apparent advertising and representations to the public includes Internet in their advertising, marketing, and other representations, and content, images, and the URLs and domain names they use, and that the recipients of all real estate communications are, or have prohibits REALTORS® from: been, notified that those communications are from a real estate professional. (Amended 1/08) 1) engaging in deceptive or unauthorized framing of real estate brokerage websites; Standard of Practice 12-1 REALTORS® must not represent that their brokerage services to a 2) manipulating (e.g., presenting content developed by client or customer are free or available at no cost to their clients, others) listing and other content in any way that produces a unless the REALTOR® will receive no financial compensation from deceptive or misleading result; any source for those services. (Amended 1/22) 3) deceptively using metatags, keywords or other devices/ methods to direct, drive, or divert Internet traffic; or Standard of Practice 12-2 (Deleted 1/20) 4) presenting content developed by others without either attribution or without permission; or Standard of Practice 12-3 The offering of premiums, prizes, merchandise discounts or 5) otherwise misleading consumers, including use of misleading other inducements to list, sell, purchase, or lease is not, in itself, images. (Adopted 1/07, Amended 1/18) unethical even if receipt of the benefit is contingent on listing, Standard of Practice 12-11 selling, purchasing, or leasing through the REALTOR® making REALTORS® intending to share or sell consumer information the offer. However, REALTORS® must exercise care and candor gathered via the Internet shall disclose that possibility in a in any such advertising or other public or private representations reasonable and readily apparent manner. (Adopted 1/07) so that any party interested in receiving or otherwise benefiting Standard of Practice 12-12 from the REALTOR®’s offer will have clear, thorough, advance REALTORS® shall not: understanding of all the terms and conditions of the offer. The offering of any inducements to do business is subject to the 1) use URLs or domain names that present less than a true limitations and restrictions of state law and the ethical obligations picture, or established by any applicable Standard of Practice. 2) register URLs or domain names which, if used, would present (Amended 1/95) less than a true picture. (Adopted 1/08) Standard of Practice 12-4 Standard of Practice 12-13 REALTORS® shall not offer for sale/lease or advertise property The obligation to present a true picture in advertising, marketing, without authority. When acting as listing brokers or as subagents, and representations allows REALTORS® to use and display only REALTORS® shall not quote a price different from that agreed professional designations, certifications, and other credentials to upon with the seller/landlord. (Amended 1/93) which they are legitimately entitled. (Adopted 1/08) Standard of Practice 12-5 REALTORS® shall not advertise nor permit any person employed Article 13 by or affiliated with them to advertise real estate services or REALTORS® shall not engage in activities that constitute the listed property in any medium (e.g., electronically, print, radio, unauthorized practice of law and shall recommend that legal television, etc.) without disclosing the name of that REALTOR®’s counsel be obtained when the interest of any party to the firm in a reasonable and readily apparent manner either in the transaction requires it. advertisement or in electronic advertising via a link to a display with all required disclosures. (Adopted 11/86, Amended 1/16) Article 14 Standard of Practice 12-6 If charged with unethical practice or asked to present evidence REALTORS®, when advertising unlisted real property for sale/ or to cooperate in any other way, in any professional standards lease in which they have an ownership interest, shall disclose their proceeding or investigation, REALTORS® shall place all pertinent status as both owners/landlords and as REALTORS® or real estate facts before the proper tribunals of the Member Board or affiliated licensees. (Amended 1/93) institute, society, or council in which membership is held and shall take no action to disrupt or obstruct such processes. (Amended 1/99)  Standard of Practice 14-1 entered into agency agreements or other exclusive relationships REALTORS® shall not be subject to disciplinary proceedings in with another REALTOR®. A general telephone canvass, general more than one Board of REALTORS® or affiliated institute, society, mailing or distribution addressed to all prospects in a given or council in which they hold membership with respect to alleged geographical area or in a given profession, business, club, or violations of the Code of Ethics relating to the same transaction or organization, or other classification or group is deemed “general” event. (Amended 1/95) for purposes of this standard. (Amended 1/04) Standard of Practice 14-2 Article 16 is intended to recognize as unethical two basic types of REALTORS® shall not make any unauthorized disclosure or solicitations: dissemination of the allegations, findings, or decision developed First, telephone or personal solicitations of property owners in connection with an ethics hearing or appeal or in connection who have been identified by a real estate sign, multiple listing with an arbitration hearing or procedural review. (Amended 1/92) compilation, or other information service as having exclusively Standard of Practice 14-3 listed their property with another REALTOR® and REALTORS® shall not obstruct the Board’s investigative or Second, mail or other forms of written solicitations of prospects professional standards proceedings by instituting or threatening whose properties are exclusively listed with another REALTOR® to institute actions for libel, slander, or defamation against any when such solicitations are not part of a general mailing but party to a professional standards proceeding or their witnesses are directed specifically to property owners identified through based on the filing of an arbitration request, an ethics complaint, compilations of current listings, “for sale” or “for rent” signs, or or testimony given before any tribunal. (Adopted 11/87, other sources of information required by Article 3 and Multiple Amended 1/99) Listing Service rules to be made available to other REALTORS® Standard of Practice 14-4 under offers of subagency or cooperation. (Amended 1/04) REALTORS® shall not intentionally impede the Board’s Standard of Practice 16-3 investigative or disciplinary proceedings by filing multiple ethics Article 16 does not preclude REALTORS® from contacting the complaints based on the same event or transaction. client of another broker for the purpose of offering to provide, (Adopted 11/88) or entering into a contract to provide, a different type of real estate service unrelated to the type of service currently being Duties to REALTORS® provided (e.g., property management as opposed to brokerage) or from offering the same type of service for property not subject Article 15 to other brokers’ exclusive agreements. However, information received through a Multiple Listing Service or any other offer REALTORS® shall not knowingly or recklessly make false or of cooperation may not be used to target clients of other misleading statements about other real estate professionals, their REALTORS® to whom such offers to provide services may be businesses, or their business practices. (Amended 1/12) made. (Amended 1/04) Standard of Practice 15-1 Standard of Practice 16-4 REALTORS® shall not knowingly or recklessly file false or REALTORS® shall not solicit a listing which is currently listed unfounded ethics complaints. (Adopted 1/00) exclusively with another broker. However, if the listing broker, Standard of Practice 15-2 when asked by the REALTOR®, refuses to disclose the expiration The obligation to refrain from making false or misleading date and nature of such listing, i.e., an exclusive right to sell, statements about other real estate professionals, their businesses, an exclusive agency, open listing, or other form of contractual and their business practices includes the duty to not knowingly agreement between the listing broker and the client, the or recklessly publish, repeat, retransmit, or republish false or REALTOR® may contact the owner to secure such information misleading statements made by others. This duty applies whether and may discuss the terms upon which the REALTOR® might false or misleading statements are repeated in person, in writing, take a future listing or, alternatively, may take a listing to become by technological means (e.g., the Internet), or by any other means. effective upon expiration of any existing exclusive listing. (Adopted 1/07, Amended 1/12) (Amended 1/94) Standard of Practice 16-5 Standard of Practice 15-3 REALTORS® shall not solicit buyer/tenant agreements from The obligation to refrain from making false or misleading buyers/ tenants who are subject to exclusive buyer/tenant statements about other real estate professionals, their businesses, agreements. However, if asked by a REALTOR®, the broker and their business practices includes the duty to publish a refuses to disclose the expiration date of the exclusive buyer/ clarification about or to remove statements made by others on tenant agreement, the REALTOR® may contact the buyer/tenant electronic media the REALTOR® controls once the REALTOR® to secure such information and may discuss the terms upon which knows the statement is false or misleading. (Adopted 1/10, the REALTOR® might enter into a future buyer/tenant agreement Amended 1/12) or, alternatively, may enter into a buyer/tenant agreement to Article 16 become effective upon the expiration of any existing exclusive buyer/tenant agreement. (Adopted 1/94, Amended 1/98) REALTORS® shall not engage in any practice or take any action Standard of Practice 16-6 inconsistent with exclusive representation or exclusive brokerage When REALTORS® are contacted by the client of another relationship agreements that other REALTORS® have with clients. REALTOR® regarding the creation of an exclusive relationship (Amended 1/04) to provide the same type of service, and REALTORS® have not Standard of Practice 16-1 directly or indirectly initiated such discussions, they may discuss Article 16 is not intended to prohibit aggressive or innovative the terms upon which they might enter into a future agreement business practices which are otherwise ethical and does not or, alternatively, may enter into an agreement which becomes prohibit disagreements with other REALTORS® involving effective upon expiration of any existing exclusive agreement. commission, fees, compensation or other forms of payment or (Amended 1/98) expenses. (Adopted 1/93, Amended 1/95) Standard of Practice 16-7 Standard of Practice 16-2 The fact that a prospect has retained a REALTOR® as an Article 16 does not preclude REALTORS® from making general exclusive representative or exclusive broker in one or more past announcements to prospects describing their services and the transactions does not preclude other REALTORS® from seeking terms of their availability even though some recipients may have such prospect’s future business. (Amended 1/04)  Standard of Practice 16-8 contingent on the listing broker’s agreement to modify the offer of The fact that an exclusive agreement has been entered into with a compensation. (Amended 1/04) REALTOR® shall not preclude or inhibit any other REALTOR® from Standard of Practice 16-17 entering into a similar agreement after the expiration of the prior REALTORS®, acting as subagents or as buyer/tenant agreement. (Amended 1/98) representatives or brokers, shall not attempt to extend a listing Standard of Practice 16-9 broker’s offer of cooperation and/or compensation to other REALTORS®, prior to entering into a representation agreement, brokers without the consent of the listing broker. (Amended 1/04) have an affirmative obligation to make reasonable efforts to Standard of Practice 16-18 determine whether the prospect is subject to a current, valid REALTORS® shall not use information obtained from listing exclusive agreement to provide the same type of real estate brokers through offers to cooperate made through multiple service. (Amended 1/04) listing services or through other offers of cooperation to refer Standard of Practice 16-10 listing brokers’ clients to other brokers or to create buyer/tenant REALTORS®, acting as buyer or tenant representatives or relationships with listing brokers’ clients, unless such use is brokers, shall disclose that relationship to the seller/landlord’s authorized by listing brokers. (Amended 1/02) representative or broker at first contact and shall provide Standard of Practice 16-19 written confirmation of that disclosure to the seller/landlord’s Signs giving notice of property for sale, rent, lease, or exchange representative or broker not later than execution of a purchase shall not be placed on property without consent of the seller/ agreement or lease. (Amended 1/04) landlord. (Amended 1/93) Standard of Practice 16-11 Standard of Practice 16-20 On unlisted property, REALTORS® acting as buyer/tenant REALTORS®, prior to or after their relationship with their current representatives or brokers shall disclose that relationship to the firm is terminated, shall not induce clients of their current firm seller/landlord at first contact for that buyer/tenant and shall to cancel exclusive contractual agreements between the client provide written confirmation of such disclosure to the seller/ and that firm. This does not preclude REALTORS® (principals) landlord not later than execution of any purchase or lease from establishing agreements with their associated licensees agreement. (Amended 1/04) governing assignability of exclusive agreements. (Adopted 1/98, REALTORS® shall make any request for anticipated compensation Amended 1/10) from the seller/landlord at first contact. (Amended 1/98) Standard of Practice 16-12 Article 17 REALTORS®, acting as representatives or brokers of sellers/ In the event of contractual disputes or specific non-contractual landlords or as subagents of listing brokers, shall disclose that disputes as defined in Standard of Practice 17-4 between relationship to buyers/tenants as soon as practicable and shall REALTORS® (principals) associated with different firms, arising out of provide written confirmation of such disclosure to buyers/tenants their relationship as REALTORS®, the REALTORS® shall mediate the not later than execution of any purchase or lease agreement. dispute if the Board requires its members to mediate. If the dispute (Amended 1/04) is not resolved through mediation, or if mediation is not required, REALTORS® shall submit the dispute to arbitration in accordance Standard of Practice 16-13 with the policies of the Board rather than litigate the matter. All dealings concerning property exclusively listed, or with buyer/ tenants who are subject to an exclusive agreement shall be In the event clients of REALTORS® wish to mediate or arbitrate carried on with the client’s representative or broker, and not with contractual disputes arising out of real estate transactions, the client, except with the consent of the client’s representative or REALTORS® shall mediate or arbitrate those disputes in accordance broker or except where such dealings are initiated by the client. with the policies of the Board, provided the clients agree to be bound by any resulting agreement or award. Before providing substantive services (such as writing a purchase offer or presenting a CMA) to prospects, REALTORS® The obligation to participate in mediation and arbitration shall ask prospects whether they are a party to any exclusive contemplated by this Article includes the obligation of REALTORS® representation agreement. REALTORS® shall not knowingly (principals) to cause their firms to mediate and arbitrate and be provide substantive services concerning a prospective transaction bound by any resulting agreement or award. (Amended 1/12) to prospects who are parties to exclusive representation Standard of Practice 17-1 agreements, except with the consent of the prospects’ exclusive The filing of litigation and refusal to withdraw from it by representatives or at the direction of prospects. (Adopted 1/93, REALTORS® in an arbitrable matter constitutes a refusal to Amended 1/04) arbitrate. (Adopted 2/86) Standard of Practice 16-14 Standard of Practice 17-2 REALTORS® are free to enter into contractual relationships or to Article 17 does not require REALTORS® to mediate in those negotiate with sellers/landlords, buyers/tenants or others who circumstances when all parties to the dispute advise the Board are not subject to an exclusive agreement but shall not knowingly in writing that they choose not to mediate through the Board’s obligate them to pay more than one commission except with their facilities. The fact that all parties decline to participate in informed consent. (Amended 1/98) mediation does not relieve REALTORS® of the duty to arbitrate. Standard of Practice 16-15 Article 17 does not require REALTORS® to arbitrate in those In cooperative transactions REALTORS® shall compensate circumstances when all parties to the dispute advise the Board cooperating REALTORS® (principal brokers) and shall not in writing that they choose not to arbitrate before the Board. compensate nor offer to compensate, directly or indirectly, (Amended 1/12) any of the sales licensees employed by or affiliated with other REALTORS® without the prior express knowledge and consent of Standard of Practice 17-3 the cooperating broker. REALTORS®, when acting solely as principals in a real estate transaction, are not obligated to arbitrate disputes with other Standard of Practice 16-16 REALTORS® absent a specific written agreement to the contrary. REALTORS®, acting as subagents or buyer/tenant representatives (Adopted 1/96) or brokers, shall not use the terms of an offer to purchase/lease to attempt to modify the listing broker’s offer of compensation Standard of Practice 17-4 to subagents or buyer/tenant representatives or brokers nor Specific non-contractual disputes that are subject to arbitration make the submission of an executed offer to purchase/lease pursuant to Article 17 are:  1) Where a listing broker has compensated a cooperating the hearing panel as to procuring cause shall be conclusive broker and another cooperating broker subsequently claims with respect to all current or subsequent claims of the parties to be the procuring cause of the sale or lease. In such cases for compensation arising out of the underlying cooperative the complainant may name the first cooperating broker as transaction. (Adopted 1/97) respondent and arbitration may proceed without the listing 4) Where two or more listing brokers claim entitlement to broker being named as a respondent. When arbitration compensation pursuant to open listings with a seller or occurs between two (or more) cooperating brokers and landlord who agrees to participate in arbitration (or who where the listing broker is not a party, the amount in dispute requests arbitration) and who agrees to be bound by the and the amount of any potential resulting award is limited decision. In cases where one of the listing brokers has been to the amount paid to the respondent by the listing broker compensated by the seller or landlord, the other listing and any amount credited or paid to a party to the transaction broker, as complainant, may name the first listing broker at the direction of the respondent. Alternatively, if the as respondent and arbitration may proceed between the complaint is brought against the listing broker, the listing brokers. (Adopted 1/97) broker may name the first cooperating broker as a third- party respondent. In either instance the decision of the 5) Where a buyer or tenant representative is compensated by hearing panel as to procuring cause shall be conclusive with the seller or landlord, and not by the listing broker, and the respect to all current or subsequent claims of the parties listing broker, as a result, reduces the commission owed by for compensation arising out of the underlying cooperative the seller or landlord and, subsequent to such actions, claims transaction. (Adopted 1/97, Amended 1/07) to be the procuring cause of sale or lease. In such cases arbitration shall be between the listing broker and the buyer 2) Where a buyer or tenant representative is compensated by or tenant representative and the amount in dispute is limited the seller or landlord, and not by the listing broker, and the to the amount of the reduction of commission to which the listing broker, as a result, reduces the commission owed listing broker agreed. (Adopted 1/05) by the seller or landlord and, subsequent to such actions, another cooperating broker claims to be the procuring cause Standard of Practice 17-5 of sale or lease. In such cases the complainant may name The obligation to arbitrate established in Article 17 includes the first cooperating broker as respondent and arbitration disputes between REALTORS® (principals) in different states may proceed without the listing broker being named as in instances where, absent an established inter-association a respondent. When arbitration occurs between two (or arbitration agreement, the REALTOR® (principal) requesting more) cooperating brokers and where the listing broker is arbitration agrees to submit to the jurisdiction of, travel to, not a party, the amount in dispute and the amount of any participate in, and be bound by any resulting award rendered potential resulting award is limited to the amount paid to in arbitration conducted by the respondent(s) REALTOR®’s the respondent by the seller or landlord and any amount association, in instances where the respondent(s) REALTOR®’s credited or paid to a party to the transaction at the direction association determines that an arbitrable issue exists. of the respondent. Alternatively, if the complaint is brought (Adopted 1/07) against the listing broker, the listing broker may name the first cooperating broker as a third-party respondent. In either Explanatory Notes instance the decision of the hearing panel as to procuring The reader should be aware of the following policies which cause shall be conclusive with respect to all current or have been approved by the Board of Directors of the National subsequent claims of the parties for compensation arising Association: out of the underlying cooperative transaction. (Adopted 1/97, Amended 1/07) In filing a charge of an alleged violation of the Code of Ethics by a REALTOR®, the charge must read as an alleged violation of one or 3) Where a buyer or tenant representative is compensated more Articles of the Code. Standards of Practice may be cited in by the buyer or tenant and, as a result, the listing broker support of the charge. reduces the commission owed by the seller or landlord and, subsequent to such actions, another cooperating broker The Standards of Practice serve to clarify the ethical obligations claims to be the procuring cause of sale or lease. In such imposed by the various Articles and supplement, and do not cases the complainant may name the first cooperating broker substitute for, the Case Interpretations in Interpretations of the Code as respondent and arbitration may proceed without the of Ethics. listing broker being named as a respondent. Alternatively, Modifications to existing Standards of Practice and additional new if the complaint is brought against the listing broker, the Standards of Practice are approved from time to time. Readers are listing broker may name the first cooperating broker as a cautioned to ensure that the most recent publications are utilized. third-party respondent. In either instance the decision of 430 North Michigan Avenue | Chicago, IL 60611-4087 800.874.6500 | www.nar.realtor ©2024 NATIONAL ASSOCIATION OF REALTORS® 166-288-24 (01/24 E3)