STANDARDS OF BUSINESS PRACTICES
Accompanying the CREA Code of
Ethics are these Standards of Business Practices for
REALTORS in Canada.
ARTICLE 1
REALTORS shall endeavour to be informed regarding the
essential facts, which affect current market conditions
in order to be
in a position to counsel their clients and/or to assist customers
in a responsible manner.
ARTICLE 2
A REALTOR shall protect and promote the interests of his
or her client. This primary obligation does not relieve
the REALTOR of the responsibility of dealing fairly with
all parties to the transaction.
ARTICLE 3
A REALTOR shall fully disclose in writing to, and is advised to seek written
acknowledgment of disclosure from, all parties to a transaction regarding
the role and the nature of service the REALTOR will be providing to the client
versus the customer or other party to the transaction. The REALTOR shall
also disclose his or her role to other REALTORS involved in the transaction.
ARTICLE 4
A REALTOR has an obligation to discover facts pertaining to every property
for which the REALTOR accepts an agency which a reasonably prudent REALTOR
would discover in order to fulfil the obligation to avoid error, misrepresentation
or concealment of pertinent facts.
ARTICLE 5
REALTORS should ensure written representation agreements
whenever possible in order to avoid misunderstandings with
their clients and customers.
ARTICLE 6
REALTORS shall ensure that agreements regarding real estate
transactions are in writing in clear and understandable
language, expressing the specific terms, conditions, obligations
and commitments of the parties to the agreement. A copy
of each final agreement shall be furnished to each party
upon their signing or initialing, and shall be dealt with
in accordance with the instructions of the parties involved.
ARTICLE 7
The REALTOR shall, prior to the signing of any agreement,
fully inform the signing party regarding the type of expenses
for which he/she may be normally liable.
ARTICLE 8
A REALTOR shall not accept compensation from more than one
party to a transaction without the written consent of his
or her client(s).
ARTICLE 9
REALTORS shall disclose to a client or customer if there
is any financial benefit the REALTOR or his/her firm may
receive as a result of recommending real estate products
or services to that party.
ARTICLE 10
A REALTOR shall not accept any rebate or profit on expenditures
made for a client without the client's consent or accept
any rebate or profit on expenditures for a customer without
the customer's knowledge.
ARTICLE 11
The REALTOR shall not discourage parties to a transaction
from seeking legal counsel.
ARTICLE 12
The REALTOR shall not knowingly permit any property in his
or her charge to be used for unlawful purposes.
ARTICLE 13
A REALTOR shall not present an offer or acquire an interest
in property either directly or indirectly for himself or
herself, any member of his or her immediate family or any
entity in which the REALTOR has a financial interest, without
making the REALTOR's position known to the seller in writing.
In selling/leasing property owned by the REALTOR, or in
which the REALTOR has an interest, the interest shall be
revealed to the buyer/tenant in writing.
ARTICLE 14
In providing an opinion of value of real property, a REALTOR
shall not undertake to provide such an opinion if it is
outside the REALTOR's field of experience to do so, unless
this fact is disclosed to the client or unless assistance
is obtained from another person who has experience in this
area. A REALTOR shall not perform an appraisal contrary
to the terms and conditions of any designation the REALTOR
holds through The Canadian Real Estate Association. In
all other circumstances, the REALTOR shall not provide
an opinion of value on property in which the REALTOR has
a present or contemplated interest without first disclosing
this fact to the client. Fees charged for providing an
opinion of value shall not be based on the amount of value
reported.
ARTICLE 15
A REALTOR shall present all written offers and counter-offers as objectively
and as quickly as possible.
ARTICLE 16
A REALTOR shall not advertise a property if such advertising has been restricted
at the request of the seller/landlord. In any advertisement, the advertised
or offered price of a property shall not be other than that which was agreed
upon with the seller/landlord. (Also applies to Article 25.)
ARTICLE 17
A REALTOR is obliged to render a skilled and conscientious
service, in conformity with standards of competence which
are reasonably expected in the specific real estate disciplines
in which the REALTOR engages. When a REALTOR is unable
to render such service, either alone or with the aid of
other REALTORS, the REALTOR should not accept the assignment
or otherwise provide assistance in connection with the
transaction.
ARTICLE 18
REALTORS shall ensure a true presentation in all advertising. Properties and
services shall not be advertised without identifying the firm or, where applicable,
the individual practitioner, in accordance with provincial licensing legislation.
ARTICLE 19
The REALTOR shall not deny professional services to any person
for reasons of race, creed, colour, sex, familial status,
age, or national origin. The REALTOR shall not be party
to any plan or agreement to discriminate against a person
or persons on the basis of race, creed, colour, sex, familial
status, age or national origin.
ARTICLE 20
The REALTOR shall observe the By-Laws, Rules and Regulations
established by the REALTOR's Real Estate Board and/or Association,
in addition to the regulations, terms and conditions associated
with any designation that the REALTOR may hold through
membership in The Canadian Real Estate Association.
ARTICLE 21
The business of a REALTOR shall be conducted in strict accordance
with all statutory and regulatory requirements that apply
to that business.
ARTICLE 22
The REALTOR shall never publicly discredit a competitor.
If the REALTOR's opinion is sought regarding a specific
transaction, it should be rendered with strict professional
integrity and courtesy.
ARTICLE 23
The agency or other contractual relationship of a competitor
shall be respected by all REALTORS. Negotiations concerning
exclusively listed property or with any party who is exclusively
represented shall be carried on with the client's agent
and not with the client directly, except with the consent
of the client's agent.
ARTICLE 24
A REALTOR shall not seek information about a competitor's
transaction to be used for the purpose of closing a transaction
himself or herself, or for the purpose of interfering with
any other contractual undertaking.
ARTICLE 25
Signs in respect of the sale, rent, lease, development or
exchange should not be placed on any property by other than
the listing broker unless authorized by the seller/landlord.
REALTORS shall not interfere with another real estate broker's
sign.
ARTICLE 26
Should a REALTOR be asked to co-operate in any way in connection
with a disciplinary investigation or proceeding pertaining
to alleged unethical practice, the REALTOR shall place
all pertinent facts before the proper Committee of the
Real Estate Board or Association to which the REALTOR belongs.
ARTICLE 27
In the event of a dispute between REALTORS associated with
different firms of the same local Board/Association regarding
the fee or commission earned or to be earned in connection
with a real estate transaction, the dispute shall be submitted
for arbitration in accordance with the By-Laws, Rules and
Regulations of their local Board/Association.
ARTICLE 28
In the event of a dispute between REALTORS associated with
different firms and belonging to different local Boards/Associations,
regarding the fee or commission earned or to be earned
in connection with a real estate transaction, the dispute
shall be submitted to arbitration in accordance with the
By-Laws and Rules and Regulations of the appropriate Provincial/Territorial
Association. Should the REALTORS belong to different Provincial/Territorial
Associations, the dispute shall be arbitrated in accordance
with the By-Laws and Rules and Regulations of The Canadian
Real Estate Association.
ARTICLE 29
The business of a REALTOR shall be conducted so as to avoid
controversies with other REALTORS.
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