|
While the code of ethics establishes obligations that may be higher than those
mandated by law, in any instance where the Code of Ethics and the law conflict,
the obligations of the law must take precedence.
Preamble…. Under all is the land. Upon its wise utilization
and widely allocated ownership depend the survival and growth of free
institutions and our civilization. IIRE - PROFESSIONAL PRACTITIONERS should
recognize that the interests of the nation and its citizens require the highest
and the best use of the land and the widest distribution of land ownership. They
require the creation of adequate housing, the building of functioning cities,
the development of productive industries and farms, and the preservation of a
healthful environment.
Such interests impose obligations beyond those of ordinary commerce. They impose
grave social responsibility and a patriotic duty to which IIRE - PROFESSIONAL
PRACTITIONERS should dedicate themselves, and for which they should be diligent
in preparing themselves. IIRE - PROFESSIONAL PRACTITIONERS, therefore, are
zealous to maintain and improve the standards of their calling and share with
their fellow IIRE - PROFESSIONAL PRACTITIONERS a common responsibility for its
integrity and honour.
In recognition and appreciation of their obligations to clients, customers, the
public, and each other, IIRE - PROFESSIONAL PRACTITIONERS continuously strive to
become and remain informed on issues affecting real estate and, knowledgeable
professionals, they willingly share the fruit of their experience and study with
others. They identify and take steps, through enforcement of this Code of Ethics
and by assisting appropriate regulatory bodies, to eliminate practices which may
damage the public or which might discredit or bring dishonour to the real estate
profession. IIRE - PROFESSIONAL PRACTITIONERS having direct professional
knowledge of conduct that may violate the Code of Ethics involving
misappropriation of client or customer funds or property, wilful discrimination
or fraud resulting in substantial economic harm, bring such matters to the
attention of the appropriate local Real Estate Association in which they hold
membership in good standing.
Realizing that cooperation with other real estate professionals promotes the
best interests of those who utilize their services, IIRE - PROFESSIONAL
PRACTITIONERS must urge exclusive representation of clients; do not attempt to
gain any unfair advantage over their competitors; and they refrain from making
unsolicited comments about other practitioners. In instances where their opinion
is sought, or where IIRE - PROFESSIONAL PRACTITIONER believe that comment is
necessary, their opinion is offered in an objective, professional manner,
uninfluenced by any personal motivation or potential advantage or gain.
The term IIRE - PROFESSIONAL PRACTITIONER has come to the connote competency,
fairness and high integrity resulting from adherence to a lofty ideal of moral
conduct in business relations. No inducement of profit and no instruction from
clients ever can justify departure from this ideal.
In the interpretation of this obligation, IIRE - PROFESSIONAL PRACTITIONERS can
take no safer guide than that which has been handed down through the centuries,
embodied in the Golden Rule, “Whatsoever ye would that others should do to you,
so ye one so to them”.
Accepting this standard as their own, IIRE - PROFESSIONAL PRACTITIONERS who have
successfully attended and passed the Principles and Practices of Real Estate
Certification Program pledge to observe its spirit in all their activities and
to conduct their business in accordance with the tenets set forth below.
Duties to Clients and Customers
Article 1 When representing a buyer, seller, landlord, tenant, or
other client as an agent, IIRE - PROFESSIONAL PRACTITIONERS pledge themselves to
protect and promote the interests of their client. This obligation to the client
is primary, but it does not relieve IIRE - PROFESSIONAL PRACTITIONERS of their
obligation to treat all parties honestly. When serving a buyer, seller,
landlord, tenant or other party in a non-agency capacity, IIRE - PROFESSIONAL
PRACTITIONERS must remain obligated to treat all parties honestly.
Article 2 IIRE - PROFESSIONAL PRACTITIONERS shall avoid exaggeration,
misrepresentation, or concealment of pertinent facts relating to the property or
the transaction. IIRE - PROFESSIONAL PRACTITIONERS shall not, however, be
obligated to discover latent defects in the property, to advise on matters
outside the scope of their real estate business knowledge or to disclose facts
which are confidential under the scope of their agency agreement if any.
Article 3 IIRE - PROFESSIONAL PRACTITIONERS shall cooperate with other
brokers except when cooperation is not in the client’s best interest. The
obligation to cooperate does not include the obligation to share commissions,
fees, or to otherwise compensate another broker.
Article 4 IIRE - PROFESSIONAL PRACTITIONERS shall not acquire an
interest in or buy or present offers from themselves, any member of their
immediate families, their firms or any member thereof, or any entities in which
they have any ownership interest, any real property without making their true
position known to the owner or the owner’s broker. In selling property they own,
or in which they have any interest, IIRE - PROFESSIONAL PRACTITIONERS shall
reveal their ownership or interest in writing to the purchaser or the
purchaser’s representative.
Article 5 IIRE - PROFESSIONAL PRACTITIONERS shall not undertake to
provide professional services concerning a property or its value where they have
a present or contemplated interest unless such interest is specifically
disclosed to all affected parties.
Article 6 IIRE - PROFESSIONAL PRACTITIONERS shall not accept any
commission, rebate, or profit on expenditures made for their client, without the
client’s knowledge and consent.
Article 7 In a transaction, IIRE - PROFESSIONAL PRACTITIONERS shall
not accept compensation from more than one party, even if permitted by law,
without disclosure to all parties and the informed consent of the BROKERS client
or clients.
Article 8 IIRE - PROFESSIONAL PRACTITIONERS shall keep in a special
account in an appropriate financial institution, separated from their own funds,
monies coming into possession in trust for other persons, such as escrows, trust
funds, clients monies, and other like items.
Article 9 IIRE - PROFESSIONAL PRACTITIONERS for the protection of all
parties, shall assure whenever possible that agreements shall be writing, and
shall be in clear and understandable language expressing the specific terms,
conditions, obligations and commitments of the parties. A copy of each agreement
shall be furnished to each party upon their signing or initialling.
Article 10 IIRE - PROFESSIONAL PRACTITIONERS shall not deny equal
professional services to any person for reasons of race, colour, religion, sex,
handicap, familial status, or national origin. IIRE - PROFESSIONAL PRACTITIONERS
shall not be parties to any plan or agreement to discriminate against a person
or persons on the basis of race, colour, religion, sex, handicap, familial
status, or national origin.
Article 11 The services which IIRE - PROFESSIONAL PRACTITIONERS
provide to their clients and customers shall conform to the standards of
practice and competence which are reasonably expected in the specific real
estate disciplines in which they engage; specifically residential real estate
brokerage, real property management, commercial and industrial real estate
brokerage, real estate Appraisal, real estate counselling, real estate
syndication, real estate auction and international real estate.
Article 12 IIRE - PROFESSIONAL PRACTITIONERS shall not undertake to
provide specialized professional services concerning a type of property or
service that is outside the field of competence unless they engage the
assistance of one who is competent on such types of property or service, or
unless the facts are fully disclosed to the client. Any persons engaged to
provide such assistance shall be so identified to the client and the
contribution to the assignment should be set forth.
Article 13 IIRE - PROFESSIONAL PRACTITIONERS shall be careful at all
times to present a true picture in their advertising and representation to the
public. IIRE - PROFESSIONAL PRACTITIONERS shall also ensure that their
professional status (eg. Broker, appraiser, property manager, etc.) or their
actual status is clearly identifiable in any such advertising.
Article 14 IIRE - PROFESSIONAL PRACTITIONERS shall not engage in
activities that constitute unauthorized practice of law and shall recommend that
legal counsel be obtained when the interest of any party to the transaction
requires it.
Article 15 If charged with unethical practice or asked to present
evidence or to cooperate in any other way, in any professional standards
proceeding or investigation, IIRE - PROFESSIONAL PRACTITIONERS shall place all
pertinent facts before the proper tribunals of the Member Board or affiliated
institute, society or council in which membership is held and shall take no
action or disrupt or obstruct such processes.
Article 16 IIRE - PROFESSIONAL PRACTITIONERS shall not knowingly or
recklessly make a false or misleading statements about competitors, their
businesses, or their business practices.
Article 17 IIRE - PROFESSIONAL PRACTITIONERS shall not engage in any
practice or take any action inconsistent with the agency or other exclusive
relationship recognized by law that other IIRE - PROFESSIONAL PRACTITIONERS have
with clients.
|