Mar 24 2008

Top 5 Ethics Violations in 2007 - Las Vegas Real Estate Agents

The process for complaints or ethics violations through Greater Las Vegas Assoication of Realtors® (GLVAR):

  • Either a member of the public or another Realtor® may file an ethics complaint.
  • The complaint first goes to the Grievance Committee.
  • If the Grievance Committee feels the complaint has merit, the case will then go forward to the Professional Standards Committee for a formal hearing.
  • In Professional Standards, the case is handled as if in a courtroom.
  1. Article 1 - Protect and promote your client; treat all parties honestly.

a) Earnest Money

  • Not getting any and signing that you did
  • Giving check back to buyer who changes his mind before you open escrow and not informing other agent
  • Checking earnest money deposit under the default paragraph on the Residential Purchase Agreement (RPA) if you have no earnest deposit
  • Letting buyer move in early without making earnest deposit hard in case the deal goes south

b) Representing both sides in a relationship - Be very careful to be equally honest with all parties

c) Representing yourself or a close friend

  1. Article 9 - Put it in writing!
  • Not filling in all blanks
  • All parties must have copies of everything
  • All amendments and documents must have signatures
  • Dates and time are part of a complete document
  • “Per Lender” - not appropriate for loan information
  • Problems with documents particularly on lease options - be sure language is very clear
  • Take notes on all contacts, phone calls and documents given with your client - be sure they are part of your file
  1. Article 2 - Avoid misrepresentation, exaggeration and concealment
  • Be truthful
  • Do not misrepresent the amount of the earnest deposit
  • Keep buyers informed of zoning changes
  • Do not list as residential when zoning is being changed to commercial
  • Do not lease homes that are about to be foreclosed
  • If you know of anything adverse, you need to disclose
  1. Article 12 - Be truthful in advertising
  • Cannot use a URL Domain name that would present less than a true picture. Ex: “RockbottompricesinLV.com”
  • Must be entitled to use Realtor® designations and must be current in dues to those organizations
  • Cannot be misleading
  • Must state that you are a Realtor®
  • Must put Realtor® on business cards
  • Must use name on your business card that is on your real estate license. Nicknames may be put in parenthesis
  • Putting wrong photos in MLS
  • Cannot advertise a home that you have not listed
  1. Article 16 - Take no action inconsistent with another Realtor’s® exclusive relationship
  • Must ask if a person is already represented with a brokerage agreement
  • Cannot list a property before it is expired or unconditionally withdrawn
  • May not change broker compensation via a RPA, addendum or counter
  • If in a short sale situation, if compensation is changed by the bank, you must specifically state how commission is to be split

Any complaints filed and/or the results of any hearing by the Association are confidential. They are not a matter of public record.

3 Responses to “Top 5 Ethics Violations in 2007 - Las Vegas Real Estate Agents”

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