The Latest Updates to the 道德守则
今年5月在华盛顿召开的会议上.C., the National Association of REALTORS® made a few updates to the 道德守则 that are effective in 2019.
Brokers and agents must affirm offers are submitted
Standard of Practice 1-7 was updated in response to frustrations voiced by 经纪人 in busy markets who don’t know if their offers are actually presented to 卖家. This standard now requires that if a buyer’s broker asks whether the offer was submitted, a listing broker or agent must provide an affirmative, 书面回复, unless the seller provided a written waiver of the broker’s obligation to present certain offers.
Clearing up confusion in ethics hearings
A change to Section 13(d) of the 道德守则 and 仲裁 Manual clarifies the rights and role of REALTOR® principals in an ethics hearing. 具体地说:
- A respondent’s REALTOR® principal has the right to be present during the hearing without providing notice.
- A respondent’s REALTOR® principal can make opening/closing statements, examine/cross-examine parties and witnesses, 介绍文档, 咨询答辩人, 作证, and respond directly to questions from the panel.
- 一个抱怨者, 由他或她自行决定, may allow his or her REALTOR® principal to receive documentation related to the complaint and participate in the hearing as a witness or as counsel.
Local associations have second policy option to publicize repeat violators
专业标准 Policy Statement 45 was amended to allow two options for local associations to choose regarding publishing the names of ethics violators. 现有选项, 当采用, allows a local association to publish names, 文章侵犯了, and disciplinary actions in official communications intended primarily for members of the local association—but only after a second violation occurs within three years.
新增的第二个选项, 当被当地协会采纳时, allows the local association to publish all instances in which an ethics violator is disciplined with a letter of reprimand, 一个很好的, 悬架, and/or expulsion—without the requirement for a second violation within three years. 违规者的姓名, 照片, 条违反了, and discipline imposed may only be published in official communications intended primarily for members of the local association.
Presentation of offer… certainly an agent has a realistic expectation that their client’s offer will be / has been presented to the seller. Beyond that – the seller has the option to respond, 拒绝, counter or do nothing – as frustrating as it may be to them and the other agent / buyer. Absent any time requirements in the offer for a response the buyer’s side is waiting on the seller to do what they want to do. Conversely – when the seller does respond – there is no set time for the buyer to respond to what the seller… 阅读更多»
我们不需要更多的规则和规范. I would be happy if we could trust showing agents to not allow clients to play with appliances, 暖通空调控制, 等. 锁好所有的门,关灯. I have to go check on vacant listings often because of the above. Find patio doors open, AC thermostat turned as low as it will go, 等. and may have been that way for several days. 当然,先生。. 没人做过.
After your list of issues – in not sure why you don’t think we need more rules and codes. If you submitted offers – and encouraged to do so – then your offer is NOT accepted after several days that usually include a weekend and more – to then finally get a response from the listing agent that says they accepted another offer. Then you do your research to find that he did both sides and executed an offer 7!在你提交后几天. This has happened to me twice on large leases and when I discussed this with my… 阅读更多»
I have had agents tell me they will not waste their time with presenting an offer they know client will not accept. 是的. It may be low ball and yes you may be correct but I (maybe even agree its ridiculous) work for my client so I write up what is asked. 无论如何都应该呈现出来!
I have also had agent I feel didn’t present our offer to work both sides.
他们最好呈现出来. I ask them to send it to me in an email stating they will not present it and turn it over to TREC. 没有人拒绝服从.
维尼,我完全同意.
I have only had a few minor issues with agents and listings thankfully! 遗憾的是,规则并不能解决不尊重的问题!
I’ve had more than one seller cancel their listing after a buyer agent either did not show up as scheduled or the left the house unlocked. If you are not going to make a showing appointment please call and tell the seller.
I am not understanding why publishing repeat violators would be of any use? What about not speaking badly about other agents? These violations are between the association and the agent. Why doens’t the association just fine excessively or suspend? Are we to begin creating Association’s Most Wanted posters too?
完全同意
这叫做问责制.
I must have skimmed through this, so if I say something unrelated sorry. If the public can see it then it needs to be 发布 so if they do their homework they know or not if that agent is ethical and a rule follower and will be the best representation for them or is the agent a legal liability to them. Like I said I may be off base to what you are referring to.
So does this mean an email is ok to respond to the 买家 agent on an offer or does the seller have to sign that notice of offer form saying they got the offer? 然后由卖方代理发送?
The requirement is on the listing broker, not the seller. The National Association of REALTORS cannot make a consumer do anything. NAR only has jurisdiction over REALTORS.
关于1 - 7. Will Listing Broker be required to notify 买家’ Broker that Seller has waived their duty to submit certain offers? (阅读原文及后续)如果不是, it would appear more clarification needs done here as this doesn’t address if the Listing Broker has a responsibility to relay ” 卖家’ waiver to submit certain offers” to 买家’ Broker in the event Seller has, 事实上, waived the requirement to submit certain offers. It seems the way the original is written and the subsequent is written, there’s still a chance of no communication required of Listing Broker in that instance.
In other words, communicate if the offer was presented and if not, why not!!
Publishing the names and 照片s is a COLOSSALLY BAD IDEA. 第一个, it takes the entire premise that we (NAR, 焦油, 地方)是一个自我调节的实体, internally and confidentially handling complaints, 准则的基础是什么, 然后把它吹出水面. “Publishing” indicates this will be committed to paper. I then scoff at the naïveté that this publication would never leak outside of membership to the general public. In those cases where an error in judgement occurs, (this does happen) publishing this information about our members who have not had the benefit of due process OF… 阅读更多»
除非, and/or until there are rules that would require the seller to at least acknowledge that they received an offer (showing the time & date) this will always come down to a “he said vs. 她说"问题". As has been indicated here, 卖家 are not really required to do anything with an offer. They can accept, counter, decline, or in fact do nothing at all. The only real defense that a buyer has to the “do nothing at all” approach is to put some sort of expiration clause into the offer/contract. 在大多数卖家眼中,这将是一种意愿… 阅读更多»
This would be important in a multiple offer situation. The listing agent tends only to present best.
I appreciate the detail in this article. 写得好,切中要害!