Hi Chuck – we`ll see what happens. This has stimulated a lot of thought, which is a good thing. No. The changes do not require associations to proactively monitor their members` social media accounts. An ethics complaint must be filed and go through your normal process of enforcing professional standards for a real estate agent® to potentially violate the code of ethics. Finally, Directors approved a revision to the NAR Bylaws that expanded the definition of “public trust” to include all discrimination against section 10 categories, as well as any fraud. Associations are required to inform the State Real Estate Licensing Authority of final ethical decisions that hold real estate agents in violation of the Code of Ethics in cases of real estate-related activities and transactions where there is reason to believe that ® public trust may have been violated. As you know, not all real estate licence holders are brokers. ® Our MEMBERSHIP in nar sets us apart from other real estate agents who do not sign a code of ethics or who do not have access to the educational, business and market information benefits® we have as brokers. We need to take a close look at the entire process of reporting and imposing a Violation of the Centre of Excellence. The vast majority of potential violations are never reported. People feel that the process is too difficult and time-consuming and can have a negative impact on their business. There is a lot of confusion and misinformation about what is a violation of the specific CoE articles.
Article 10 has been used to reflect the “protected classes” in various German citizenship laws. But some states and municipalities, including more than 30 Pennsylvania municipalities, have implemented protections that go beyond those of federal law, including protections for gender identity or transgender people. The NAR Code goes beyond federal law by stipulating that brokers cannot use business or employment practices to discriminate against gay, lesbian, ® bisexual or transgender people. Well said. Thank you very much. The standards are not specific, despite what the NAR says in its defense. My hate speech is not your hate speech, is not Joe`s hate speech, etc. The dictionary definitions cited in NAR`s statement will not determine the day of a disciplinary action, it will be the subjective mind of someone who believes they have been injured. There is no end to calamity.
Hi Mr.C. Dwyer I was also thinking about what other profession would take him to this level? It`s definitely worth considering. Standard of Practice 10-5 does not focus on the types of speech that could subjectively be considered “offensive” or “discriminatory” by one person and not by another. This does not violate issues of free speech, nor does it mean that you may suffer a violation of the Code of Ethics if you post your opinion online. The speech and behavior of a REAL ESTATE AGENT reflects the RELTOR organization®, whether expressed publicly on a company`s social media profile® or privately on a personal profile. Here is NAR`s FAQ on Article 10.5, which restricts freedom of expression. It should also be noted that Justice Samuel Alito recently spoke about protecting freedom of expression before it became a “second-level constitutional right.” In this video, Laura Farley, general counsel for the Virginia Association of REALTORS, breaks down the changes and what they mean — and what they don`t mean. Second. I am always very careful with my comments and I always try not to offend others, but the simple fact is that this rule can be applied capriciously and arbitrarily, which means that a person`s career can be ruined due to a misunderstanding, disagreement or even a vendetta that someone might have. Add to that some of the potential conflicts that may exist with free speech laws and the problem of law enforcement, and all of this adds up to serious problems.
Keep in mind that this rule applies to what someone does outside of their brokering activities. How can NAR dictate what I post? To what extent is this not a violation of my First Amendment law? Although the application of the Code is extended to all the activities of a REAL ESTATE AGENT, a complaint must still allege a violation of the Code. Here`s an example, getting a speeding ticket is not a violation of the code. A threat against a protected class to paint on the side of your car would be this one. While your driving may be a violation of local community regulations (posted speed limits), it has nothing to do with how you run your business as a real estate agent. But if you refer to a group of people in a degrading or hurtful way, you cannot provide a fair service to that group of people as required by section 10 of the Code of Ethics. Undoubtedly, these recently approved changes are, to some extent, a reaction to what happened on Long Island. But there is obviously cultural pressure to jump on the social justice bandwagon. The recent quote from our NAR presidents, citing support for Black Lives Matter, only confirms this. Section 10, the “Fair Housing” section, is updated to add a new standard of practice 10-5, which reads as follows®: “Real estate agents shall not use harassing speech, hate speech, epithets or insults based on race, colour, religion, sex, disability, marital status, national origin, sexual orientation or gender identity.” This new standard of practice stems directly from the obligation not to refuse equal professional services or to be part of a discrimination plan. Essentially, it is almost impossible for a person to make discriminatory comments and then turn around and provide the same services to people who are discriminated against.
First. I have a problem with the transition of this big change during the pandemic. Like many others I know, I wasn`t as diligent in pursuing certain things as I normally would, so I didn`t know it was being considered until it was passed. The change apparently did not go through the normal process and seems to be a kind of impulsive reaction. I think the members of the nar would have been better served if it had gone through normal, if there had been more public comment and discussion. William Stelling No image is an indication of anything here where there is transpancy. Their fear-based incursion misses the real point that NAR and our code of ethics guide us. Their view is that lawyers and the general public take hold of every written document and try to bend the words to their needs.
Let us not look at this behavior and not stand up and applaud the fact that our industry, which is so important to our economy, is once again standing up and standing up for everyone. Isn`t the extension to “all RELTOR activities” exaggerated? Why does NAR care about what I do outside of my transactions? Extension of the definition of “public trust”: The definition of “public trust” has been expanded to include any discrimination against protected classes, as expressly stated in Article 10 of the Code of Ethics (and not just “intentional discrimination”), and any fraud, and to limit the reporting requirement to final ethical decisions related to real estate-related activities and transactions. Previously, the definition included only “fraud that results in significant economic harm.” Larry Lawfer, I just signed up to comment on this report. My photo has NO influence on the conversation, nor does it invalidate in any way who I am or make me suspicious. Honestly, that`s a stupid comment. Just because I didn`t upload an image doesn`t mean I`m changing the premise. Most importantly, you are completely wrong. Half of everyone here got into politics IMMEDIATELY, which proves my point of view in itself. I`m sorry you don`t know what I look like. Nar, which interferes with people`s privacy outside of our real estate business, is a major problem, especially in the current political climate.
I`m not the only person who said that. Comments like yours seem more like an attempt to silence people, and you can`t silence me. If you don`t like my “rant”, don`t hesitate to stop by. I stand by what I said 100% and I have every right to worry about interference in our personal lives. Civil liberties are being eroded one by one and soon we will all wake up without them. I think you are naïve to believe that this will not be used beyond its “intent”. New Standard of Practice 10-5: A new standard of practice in accordance with Article 10 has been adopted. This new standard of practice came into effect on November 13, 2020. Standard of Practice 10-5: Real estate agents may not use harassing speech, hate speech, epithets or insults based on race, colour, religion, sex, disability, marital status, national origin, ® sexual orientation or gender identity. NAR simply aligns with the current social climate. When this situation was discussed in my meeting with the director, it made perfect sense.
Why would any of us do this outside of a real estate transaction? It was unanimously decided that this should not happen in the real estate sector. Are we just a bunch of liars in business – I don`t think so! Hi Hannah Williams yes, he always thinks what I like. Thank you for leaving your thoughts! See you later. I`m sorry I missed all of you today… had another need to call the client. Hi Greg Mona, welcome. I agree with you that most of us are on the right track, follow the golden rule and respect others. And for that, I am grateful. Council also approved an amendment to the Professional Standards Policy, expanded the applicability of the Code of Ethics to all activities of a REAL ESTATE® AGENT, and added guidelines to the Code of Ethics and arbitration manual to assist professional hearing bodies in applying the new standard. While I think the committee`s intentions were largely well-intentioned, I believe they will only lead to a greater split in the nar base. I expect that the proposed wording change will be revised a little before it is fully adopted. I guess time will tell! No decent person really believes that hatred is justified or justified at any level, but we must question why NAR felt the need to make this distinction.
We are still a free country and we should not be able to be prosecuted and lose our joie de vivre because someone might be offended by something we have said. .