Professional Code of Ethics and Minimum Standards Flashcards

1
Q

What are the four sections of the Code of Ethics?

A

Preamble
Duties to Clients and Customers
Duties to the Public
Duties to REALTORS®

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2
Q

What does the Preamble contain?

A

Thoughts about how licensees should conduct themselves

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3
Q

What part of the Code must be named in any complaint that is filed?

A

Only Articles can be named, never the Preamble. And Standards of Practice may be cited only in support of a named Article.

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4
Q

How many Articles are included in the Code of Ethics?

A

17

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5
Q

Who is responsible for enforcing the Code of Ethics?

A

Local Associations of REALTORS®

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6
Q

What are the two forms of informal dispute resolution?

A

Ombudsman and Mediation

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7
Q

Who do parties meet with in a real estate mediation process?

A

A trained third-party called a Mediator

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8
Q

Which form of dispute resolution is typically used to resolve problems between broker members of an association?

A

Arbitration

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9
Q

What is the primary obligation of a licensee?

A

Promote the interests of the client.

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10
Q

Who is a prospect?

A

A purchaser, seller, tenant, or landlord who is not subject to a representation relationship with the Realtor®.

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11
Q

When can a listing broker stop submitting offers?

A

Upon closing unless the seller waives the obligation in writing.

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12
Q

Article 1 requires Realtors® to obtain seller’s permission prior to disclosing what information?

A

The disclosure of multiple offers

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13
Q

What are “non-material” factors?

A

Minor facts not being considered as “pertinent”

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14
Q

When is a Realtor® allowed not to cooperate with another broker?

A

When cooperation is not in the clients’ best interest

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15
Q

When must changes in compensation offered for cooperative services be communicated to the other Realtor®?

A

Prior to the time that Realtor® submits an offer to purchase/lease the property

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16
Q

The obligation to cooperate does not necessary include what?

A

To share commissions, fees or compensation

17
Q

When do the Code of Ethics rules apply?

A

When a real estate agent is acting as an agent or in legally recognized nonagent capacities, such as transaction broker or facilitator

18
Q

Under what circumstances may Realtors® reveal confidential client information?

A

They can reveal confidential information:

  • required by court order, or
  • to prevent the client from committing a crime, or
  • to defend a Realtor® against an accusation of wrongful conduct.
19
Q

What must Realtors® do in response to inquiries from buyers or cooperating brokers?

A

They must, with the sellers’ approval, disclose the existence of offers on the property.

20
Q

Under what circumstances are Realtors® not obligated to cooperate with other brokers?

A

When cooperation is not in the clients’ best interest.

21
Q

Much of the information incorporated into the professional code of ethics in real estate has come from three sources.

A

Federal and state laws which focus on anti-discrimination laws and fair trade practices
Real estate licensing regulation on the state level dealing primarily with agency issues and disclosures
Self-regulation by real estate associations that set standards for professional conduct

22
Q

The Code itself is comprised of four sections:

A

Preamble
Duties to Clients and Customers
Duties to the Public
Duties to REALTORS®

23
Q

Only NAR members

A

are subject to the Code of Ethics.

24
Q

Ombudsen

A

do not establish whether ethics violations have taken place. They foresee, recognize, and help settle misunderstandings and differences before they become full-fledged disputes that can result in charges of unethical behavior.

25
Q

Mediation

A

is the favored dispute resolution method of REALTOR® organizations because it is a way to generate a mutually-acceptable decision regarding a disagreement without having a judgment imposed by a hearing panel.

26
Q

Realtors® must exercise due diligence

A

and make reasonable efforts to protect clients against foreseeable contingencies and losses.