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.
- 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
- 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
- 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
- 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
- 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.

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