What does come to mind, is the nightmare of enforcement. Suppose next Monday all offenders were reported. I don’t know all the rules, but I guess they get a hearing. That means a jury. That means jury duty for someone. If it’s a committee member, will they have the time. What about an appeals process. I imagine an eventual lawsuit against the Board, restraint of trade, etc. would materialize and slow the enforcement process.

It’s a freak’n mess for sure. I am encouraged by the evolving ability for consumers to rate their agents. Consumer power is the mightiest.

Great points all….

How about a little due diligence?

I’ve sat on both sides of the interview desk on many occasions through my career. It’s OK to ask prospective agents questions. News travels fast in our industry.If there are anecdotes or gossip about someone’s ethics, ask them about it. Ask them for their side of the story. If they can’t adequately account for their behavior, send them down the street.

If the brokers skillfully interview agents, they can keep the charlatans out before they commit ethics violations.

a.) The “Code of Ethics” is a inherently bad title. I cannot regulate “ethical” behavior… They are in fact a standard of practice, but I cannot make you ethical in a three hour class every two years. All I can do is teach you NAR’s rules of conduct. Too many times agents come to me with gripes about another agents such as “they never return phone calls” or “the other agent was just rude”. Those aren’t violations, they are bad business practices…or lack of “professional courtesy” There’s really no way to regulate that and it appears in every aspect of life.

b.) The peer based NAR Professional Standards system is a good concept, but occasionally those panels are woefully under prepared. Our Association works hard at finding experienced and educated folks, but not all Associations do. I’d like to see a two day very demanding annual re certification program for all professional standards members. That’s just me…

c.) I don’t know if anyone is doing this, but I’d like to see a highly trained state investigator in every local jurisdiction who is able to take on some of the ongoing issues, do random spot checks for Brokerage compliance and investigate complaints, using the complainant as a witness. Then taking the matter to the Pro Standards Committee or Real Estate Board for a hearing. It’s expensive and will terrorize even the good agents, but it’s the only option (IMHO) other than what we’re doing…