In what situations can NVAR’s Citation System be used in lieu of an ethics violation hearing?

 

Below are examples of what might qualify for the Citation System:

Code of Ethics Violations
Article 1:
If you are acting as a dual agent in a transaction, and do not explain what this means to both parties and obtain their consent in writing before proceeding, you could be issued a citation for $500. This agreement by the parties is reflected on either the disclosure of brokerage relationship form or on the listing or buyer broker agreements.

Article 3:
In some listing agreements, sellers agree to pay a reduced commission if the listing agent or someone else in the brokerage is representing the buyer. If you have a listing agreement with a seller that contains a variable rate commission, and do not tell other potential cooperating brokers about it, this conduct may implicate Article 3.

Article 4:
If you have some interest in a property, either financially or otherwise, that is being bought or sold, you must disclose that you are a Realtor® and what your interest in that property is. For example, when you decide to purchase a house and act as your own agent, you must tell the seller that you are a Realtor®. If you fail to do so, this may implicate Article 4. Also, keep in mind that this applies to Realtors® acting on behalf of members of their immediate family, and certain other groups.

Article 5:
If you agree to provide an opinion on the value of a property in which you have an interest, either prospective or current, you must disclose this interest to the parties. For example, if you are considering buying a house, but have not acted on it yet and are asked to provide an opinion on the value of that house, you must disclose that you are considering purchasing the property. Failure to disclose this potential interest could implicate Article 5.

Article 6:
If you are the property manager for a particular property, and you receive a rebate from a contractor you hire to do some work, Article 6 may be implicated if you don’t disclose the rebate to the property owner.

Article 12:
As Realtors®, Article 12 of the Code of Ethics requires you to disclose certain information in advertisements. For example, if you put an ad in a newspaper listing a house for sale, but do not include the fact that you are a Realtor®, or the name of your firm, this conduct could implicate Article 12.

Additionally, failure to clearly represent the current condition of a house could implicate Article 12. One way to fail to present a true picture of a property would be to retouch a photograph, or even to use older photographs that may display the house in a better light than a current picture would. If, for example, the seller had the house re-painted five years ago and would like you to use pictures from that time period, those pictures would not clearly represent the current state of the house.

Article 14:
If you receive a notice from NVAR that you have been named in an Ethics complaint or Arbitration request and that you must respond, failure to do so in the time set forth could implicate Article 14.

Article 16:
Any offers to purchase a house that are contingent upon a reduced commission or the other party paying both commissions would be considered using the terms of an offer to modify the listing broker’s offer of compensation. This conduct may implicate Article 16.

Lockbox Rules & Regulations

Section IV(C):

You must remove your Lockbox within 48 hours of settlement. If not, you may be issued a $500 citation.

Section IV(H)

Section IV(H) prohibits you from disclosing or providing your PIN to any third party.

Section IV(P)
Pursuant to Section IV(P), if you issue or distribute a One Day Code to licensed agents, brokers, inspectors, or contractors without written permission, you may be issued a $1,000 citation.

 

For more information on the Citation Schedule, click here.

 

Commercial Council