Code of Ethics

CREA’s Code of Ethics and Standards of
Business Practice has been the measure of professionalism
in organized real estate
for over 40 years. The first code was approved in 1913 at
the convention of the National Association of Real Estate
Boards
held in Winnipeg. The first Code of Ethics specifically prepared
for members of The Canadian Real Estate Association was approved
by members in 1959.
The Code establishes a standard of conduct,
which in many respects exceeds basic legal requirements.
This standard
ensures that
that the rights and interests of consumers of real estate
services are protected. As a condition of membership, all
REALTORS agree
to abide by the Code.
Some of the requirements of the Code
include:
1. REALTORS must disclose in writing whom they are representing
as an agent in the transaction. Parties to a transaction
must be told what their agency relationship is to the REALTOR.
2. Definitions, terminology and presumed agency relationships
vary from province to province. Most jurisdictions have their
own forms for complying with disclosure requirements, which
have been drafted to accommodate agency relationships as
they exist in your province or territory.
3. All financial arrangements between REALTORS and others
(e.g. referral fees, compensation from more than one party,
rebates
or profits on expenditures) must be fully disclosed to clients;
4. REALTORS cannot acquire an interest in property (either
directly or indirectly) without disclosing the fact that
they are real estate professionals;
5. REALTORS cannot use the terms of an agreement of purchase
and sale to negotiate commission.
While the Code of Ethics establishes obligations that may
be higher than those mandated by law, in any instance where
the
Code of Ethics and the law conflict, the obligations of the
law must take precedence.
A REALTOR’s ethical obligations are based on moral
integrity, competent service to clients and customers, and
dedication
to the interest and welfare of the public. The Code has been
amended many times to reflect changes in the real estate
marketplace, the needs of property owners and the perceptions
and values
of society. For more than forty years, through a variety
of updates, the CREA Code of Ethics is unchanged in demanding
high standards of professional conduct to protect the interests
of clients and customers and safeguard the rights of consumers
of real estate services.
The CREA Code of Ethics
Under all is the
land. Upon its wise utilization and widely allocated ownership
depend the survival and growth of free
institutions and of our civilization.
Through the REALTOR,
the land resource of the nation reaches its highest use and
private land ownership its widest distribution.
The REALTOR is instrumental in moulding the form of his or
her community and the living and working conditions of its
people.
Such functions impose grave social responsibilities
which REALTORS can meet only by diligent preparation, and
considering
it a
civic duty to dedicate themselves to the fulfilment of a
REALTOR's obligations to society.
The REALTOR therefore must
be zealous to maintain, and continually strive to improve,
the professional standards of his or her
calling:
- by keeping informed as to developments and trends
in real estate,
- by endeavouring to protect the public against
fraud, misrepresentation or unethical practice in connection
with real estate
transactions,
- by rendering services and opinions based only on the
REALTOR's knowledge, training, qualifications and experience
in
real estate,
- by seeking no unfair advantage over, nor injuring directly
or indirectly, the reputation of, nor publicly disparaging
the business practice of other REALTORS, and
- by being
loyal to the REALTOR's Real Estate Board and Provincial/Territorial
Association and
- active in their work.
In the interpretation of his or
her obligations, the REALTOR can take no safer guide than
that which has been
embodied
in the Golden Rule - "Do unto others as you would
have them do unto you".
No inducement of profit
and no instructions from clients or customers can ever
justify departure from the ideals
of fair
dealing and high integrity resulting from adherence
to a lofty standard of moral conduct in business relations.
Accepting this standard as his or her own, each REALTOR
pledges to observe the spirit of the Code in all dealings
and to
conduct business in accordance with the Standards
of
Business Practice
as adopted by The Canadian Real Estate Association.
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