Based on what you have reported, your agent could be in violation of Articles 1 and 4.

I believe that our Association Members must do a better job at helping folks that have been subject to a violation of the Code. Lori, I live in Arizona and each state or local Association may do things differently… the only standard is the Code. I would be happy to give you some guidance if you need it. Click on my name above this post that should take you to my blog, there you can click on my ‘email me’ button. I’ve been on hearing panels for over 5 years now and also serve as a hearing panel chair… I take this stuff very seriously.

I hope you go through with the proceedings in as far as what you have typed is correct (and I’m not doubting you, but I can’t simply indict your representative without knowing their side of the story).

I wish you the best, I am sorry for your loss.

Sometimes these things are violations of State Agency law too so a call to an attorney and/or the Real Estate Commission, or your state’s equivalent, may be in order as well.

I would advise you to contact the Local REALTOR Board to pursue this matter further.

But the other question is, do you truly believe that you would not have sold this home to anyone else, for this price, and do you at this point, in “THIS” market, want to cancel this sale? In a court of law, you would have to prove that this material fact, caused some type of monetary damage. While it’s clearly an ethics violation, did it truly affect the amount you were willing to sell the home for? It may be worth speaking to any attorney about as well, but proving that there are damages would be a much harder task.

Good luck and know that most of us, truly care about how we do business and represent our clients.

It’s easy to say we should have apprenticeships before letting a new agent loose with a client – however, how many of us would have become agents if the process were that long or difficult? I am one of those who knew what I didn;t know and felt the burden of handling another’s largest financial purchase. I took myself to one class after another and still continue to educate myself. I think it depends on the person. Some people will just be unethical and will not care to educate themselves.

I recently had an agent tell me it’s no problem for the seller to give the buyer money “under the table” and he understood if I didn’t know that, since I am a new agent. HA!! (Although I have only been in Indy for a year and a half, I have been licensed for seven years) I told him, if it’s not disclosed on the HUD-1, then it isn’t done. He still believes it’s okay, because, his broker would never okay something which was not perfectly legal. How much would an apprenticeship help him?

I am full favor of the “apprenticeship” program. Virginia already has it for apprentices – why not for agents? It makes complete sense to me….

I think that stealing is inherently known to be wrong. I am referencing some of the more obscure things, such as the fact that offers to purchase aren’t confidential and buyer agents SHALL while disclose to their buyers this fact during drafting. Well, who many agents ALWAYS tell their buyers: “look, this offer belongs to the Seller (absent any other law or agreement) and they can scan the entire offer put it on their website or make copies for all the other agents in their office.”

Few agents do this yet Standard of Practice 1-13 and 1-15 compel us to make this disclosure. How many agents full understand that when representing two buyers making offers on the same home, they have to make all the expressed (written) disclosures as you do in Dual Agency and they have to submit to giving up the real advantages of having an agent negotiate for them?

Yes, I know some agents know these things, but many do not. It usually is the failure of the Broker and Instructors. I just don’t think that we should crucify agents who make these types of mistakes. Discipline and re-educate yes, but mock them and allow the overly-gossipy industry to harass them, no.

Many of the rules of “Ethics” are common-sense moral questions. They have to do with the rules of procedure and I feel we should have stuck with “Standards of Practice” as opposed to Ethics. The Code of Ethics have very little to do with Ethics, per se. And right there we’ve started off on a bad foot with the entire process.

I agree that stealing another agents materials are wrong; but I also feel very strongly that single agent dual agency SHOULD be “unethical.” Hopefully you understand the difference. My “feelings” regarding dual agency are what I consider a question of ethics; but the Standards of Practice and most state laws permit this practice.

Typically agents get complaints not because they are morally corrupt, but because they violated a rule. Many times the author of some complaint didn’t know the rule was there themselves until they went digging to find dirt on the respondent.

These are just my experiences and those of other staff members who oversee such programs during some recent discussions. That’s not to say that my experience is absolute.