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Old 04-28-2018, 09:17 AM
 
940 posts, read 1,002,487 times
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Hi all,


I need your help. I'm working on an ethics violation submittal to the local board.Where would I find the article that covers illegal / dishonest behavior by an agent not related to a deal.


Thanks!
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Old 04-28-2018, 09:28 AM
 
Location: Cary, NC
31,590 posts, read 55,295,005 times
Reputation: 30145
I would start with the law, your state licensing board, commission, department, if you haven't already.
That action goes directly to his license.

The law supersedes NAR COE in every jurisdiction.
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Old 04-28-2018, 09:31 AM
 
940 posts, read 1,002,487 times
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Quote:
Originally Posted by MikeJaquish View Post
I would start with the law, your state licensing board, commission, department, if you haven't already.
That action goes directly to his license.

The law supersedes NAR COE in every jurisdiction.

I tried that when it first happened the State said it was a civil dispute. Maybe I will try again. I am working with the police to charge her.
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Old 04-28-2018, 09:38 AM
 
Location: Cary, NC
31,590 posts, read 55,295,005 times
Reputation: 30145
Quote:
Originally Posted by gray horse View Post
I tried that when it first happened the State said it was a civil dispute. Maybe I will try again. I am working with the police to charge her.
"At least where I am," a civil judgement or criminal conviction must be reported to the Commission.

If you want to pursue an ethics complaint, I would suggest just starting with Article 1 of the COE, which is an umbrella over all activity.

"Standard of Practice 1-2
The duties imposed by the Code of Ethics encompass all real estate-related activities and transactions whether conducted in person, electronically, or through any other means.
The duties the Code of Ethics imposes are applicable whether REALTORS® are acting as agents or in legally recognized non-agency capacities except that any duty imposed exclusively on agents by law or regulation shall not be imposed by this Code of Ethics on REALTORS® acting in non-agency capacities.

As used in this Code of Ethics, “client” means the person(s) or entity(ies) with whom a REALTOR® or a REALTOR®’s firm has an agency or legally recognized non-agency relationship; “customer” means a party to a real estate transaction who receives information, services, or benefits but has no contractual relationship with the REALTOR® or the REALTOR®’s firm; “prospect” means a purchaser, seller, tenant, or landlord who is not subject to a representation relationship with the REALTOR® or REALTOR®’s firm; “agent” means a real estate licensee (including brokers and sales associates) acting in an agency relationship as defined by state law or regulation; and “broker” means a real estate licensee (including brokers and sales associates) acting as an agent or in a legally recognized non-agency capacity. (Adopted 1/95, Amended 1/07)"
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Old 04-28-2018, 09:46 AM
 
940 posts, read 1,002,487 times
Reputation: 1495
Quote:
Originally Posted by MikeJaquish View Post
"At least where I am," a civil judgement or criminal conviction must be reported to the Commission.

If you want to pursue an ethics complaint, I would suggest just starting with Article 1 of the COE, which is an umbrella over all activity.

"Standard of Practice 1-2
The duties imposed by the Code of Ethics encompass all real estate-related activities and transactions whether conducted in person, electronically, or through any other means.
The duties the Code of Ethics imposes are applicable whether REALTORS® are acting as agents or in legally recognized non-agency capacities except that any duty imposed exclusively on agents by law or regulation shall not be imposed by this Code of Ethics on REALTORS® acting in non-agency capacities.

As used in this Code of Ethics, “client” means the person(s) or entity(ies) with whom a REALTOR® or a REALTOR®’s firm has an agency or legally recognized non-agency relationship; “customer” means a party to a real estate transaction who receives information, services, or benefits but has no contractual relationship with the REALTOR® or the REALTOR®’s firm; “prospect” means a purchaser, seller, tenant, or landlord who is not subject to a representation relationship with the REALTOR® or REALTOR®’s firm; “agent” means a real estate licensee (including brokers and sales associates) acting in an agency relationship as defined by state law or regulation; and “broker” means a real estate licensee (including brokers and sales associates) acting as an agent or in a legally recognized non-agency capacity. (Adopted 1/95, Amended 1/07)"
Thank you for your help. While I'm pursuing getting her charged (the deputy helping me is only in 2 nights a week) I will start with this. As I did use to receive postcards advertising her services.
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Old 04-28-2018, 10:05 AM
 
Location: Rochester, WA
3,827 posts, read 2,047,976 times
Reputation: 10552
Without compromising whatever action you want to take, can you share more background about what allegedly happened, for discussion sake? Curious!
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Old 04-28-2018, 10:11 AM
 
167 posts, read 72,514 times
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Quote:
Originally Posted by Diana Holbrook View Post
Without compromising whatever action you want to take, can you share more background about what allegedly happened, for discussion sake? Curious!
It’s here

Realtor / Neighbor goes crazy and inteferes w/ survey
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Old 04-28-2018, 10:21 AM
 
940 posts, read 1,002,487 times
Reputation: 1495
Quote:
Originally Posted by El Senor View Post
Thanks El Senor...it's turning into a Lifetime Movie. She's been arrested once and booked for stalking me...but seems to be a slow learner. No, the truth is she is mentally ill.
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Old 04-28-2018, 10:26 AM
 
Location: El paso,tx
1,486 posts, read 572,187 times
Reputation: 2307
You need to file criminal charges against her. Her being a realtor has nothing to do with it. I would make sure the state real estate commission she is associated with is made aware of she is convicted of anything, because they can remove your license in some cases.
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Old 04-28-2018, 10:27 AM
 
Location: Rochester, WA
3,827 posts, read 2,047,976 times
Reputation: 10552
Thanks for the link above... I sortof remember seeing the thread, but I don't think I participated in it... yet.
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