Was
the Realtor's conduct ethical?
Did it meet the standard of care?
Was it within the law?
Or was it malpractice? Negligence?
For an expert opinion, count upon Larry
Lowenthal, a Florida Realtor who has reviewed hundreds of complaints
during his many years on the Grievance
(mostly) and Professional Standards Committees for the South Broward Board
of Realtors. He is also experienced in the business and can relate
to the intricacies and emotions of real estate transactions.
For the purpose you are visiting today, "Realtor Ethics" is defined by Larry
as reflecting strictly those behaviors and conduct addressed in the "Code of
Ethics," which is published
annually by the National Association of Realtors (NAR).
The role of the Grievance
Committee is somewhat like that of a Grand Jury, which filters both complaints
against agents and brokers, and arbitration requests. Occasionally Larry personally prosecuted complaints at a hearing on behalf
of either the
Grievance Committee itself or of a Complainant who is unable to attend or
is not entirely competent to proceed. This additional function is
permitted by NAR policy.
As for the Professional Standards Committee,
its role is to conduct hearings where sworn
testimony is heard and evidence is presented for examination and review by
a panel of three Realtors. Upon conclusion of a hearing, the panelists
vote on the charges and we either find for dismissal of the charges or
agreement with them. If the latter, the panel immediately selects
one or more methods of discipline from a list established by the NAR.
Florida Statutes
Licensed as a
Broker-Associate in Florida, Larry helps attorneys with Florida Statutes
475 and 61J2 and their practical interpretation.
Typical
Allegations or Counts
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Failed to disclose hidden
facts about the property or the transaction -- facts which materially and
negatively affected value.
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Failed to present an offer
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Made false statements about a property or a
party to a transaction
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Breached a statutorily or contractually-created fiduciary
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Delivered opinions outside area of
professional expertise
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Accepted undisclosed kickbacks,
commissions, or finder's fees
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Failed to disclose a private relationship
with buyer or seller
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Conspired with mortgage broker, closing
agent, or appraiser to defraud lender
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Failed to account and deliver
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Made false statements about a competitor's
business
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Forged a signature on a sales contract or
other legal document
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