Excerpted from the NAR Code of Ethics:
questions for discussion:
did Agent 007 solicit comments from other members in his original post?
Of course he did. He posted it in a public forum.
did other Realtors that posted in that thread in fact violate the NAR Code of Ethics, as excerpted above, by making unsolicited critical comments about Agent 007 in the thread?
No. By posting in a public forum, the comments were not unsolicited.
did any of the Realtor posters in that thread mention that they have reported Eval Solutions to any regulatory agency, for unethical and potentially fraudulent practices? under the Code of Ethics, did they have a duty to do so?
There is a separate thread on Eval regarding their slow pay/no pay status. Many agents have reported them to the BBB and advised other agents to stay away from them.
based on Agent 007's initial post, in your opinion, did he significantly violate the NAR Code of Ethics in that situation? If so, at what point did he violate the Code of Ethics, and what provisions were violated?
Yes, he did. He initially took a bpo to validate a short sale on one of his properties. An experienced agent like him knows that is not allowed. Then, he deliberately did not complete the work without notifying the company. His main stated purpose was revenge and to get back at Eval.
did Agent 007 likely have a fiduciary duty to Eval Solutions after accepting the two BPO orders? why or why not?
Yes, he did. A fiduciary is someone who has undertaken to act for and on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence. Eval hired Agent 007 to complete the BPO as their representative and trusted that it would be done. We are expected to be loyal to whom we owe the duty. In so doing, we are not to put personal interests ahead of the interests of the fiduciary.
based on his original post, is it clear whether Agent 007 intended to harm or help the entire real-estate industry via this incident with Eval Solutions?
Based on his initial post, there was no intention to help the entire real-estate industry. It was meant to be revenge, pure and simple. There was no thought given to the greater good.
comparatively, who is less ethical, Eval Solutions or Agent 007?
I don't know if you can compare them. Eval doesn't pay agents--there are many that can attest to that fact. Agent 007 simply made a bad decision.