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#265063 - 12/16/08 11:47 PM real estate ethics....an example from Agentsonline
shana Offline
Major Contributor

Registered: 11/06/07
Posts: 1602
Loc: Nevada
Excerpted from the NAR Code of Ethics:

"In recognition and appreciation of their obligations to clients, customers, the public, and each other, REALTORS® continuously strive to become and remain informed on issues affecting real estate and, as 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 dishonor to the real estate profession. REALTORS® having direct personal knowledge of conduct that may violate the Code of Ethics involving misappropriation of client or customer funds or property, willful discrimination, or fraud resulting in substantial economic harm, bring such matters to the attention of the appropriate Board or Association of REALTORS®. (Amended 1/00)

Realizing that cooperation with other real estate professionals promotes the best interests of those who utilize their services, REALTORS® 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 REALTORS® believe that comment is necessary, their opinion is offered in an objective, professional manner, uninfluenced by any personal motivation or potential advantage or gain."

-----------------------------------------

as a preface, please read through the recently closed thread..."Eval Solutions Revenge"...in the BPO/REO section.

now, in the above referenced thread, various posters made a number of allegations and remarks about the conduct of Agent 007, who originated that thread.


questions for discussion:

did Agent 007 solicit comments from other members in his original post?

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?

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?

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?

did Agent 007 likely have a fiduciary duty to Eval Solutions after accepting the two BPO orders? why or why not?

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?

comparatively, who is less ethical, Eval Solutions or Agent 007?


Edited by shana (12/17/08 01:43 AM)

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#265096 - 12/17/08 09:14 AM Re: real estate ethics....an example from Agentsonline [Re: shana]
northtxbroker Offline
Major Contributor

Registered: 05/17/07
Posts: 1858
Loc: Texas
Originally Posted By: shana
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.

Originally Posted By: shana
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.

Originally Posted By: shana
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.

Originally Posted By: shana
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.

Originally Posted By: shana
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.

Originally Posted By: shana
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.

Originally Posted By: shana
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.

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#265118 - 12/17/08 10:29 AM Re: real estate ethics....an example from Agentsonline [Re: northtxbroker]
REODayton Online   content
Major Contributor

Registered: 07/27/06
Posts: 3699
Loc: Dayton Ohio
007 has been around on this board for a long time. He is well respected here and and adds alot of useful info. I was the Mod that locked the thread down as it was going way off focus (especially when religion came into it) and personal arguments arose.

This thread is an extension of Eval Solutions Revenge"...in the BPO/REO section and is serving no purpose NONE to the Forum or the RE Community. Therfore I will be locking this one down as well.

Agree/disagree??? Its a locked issue to me. Contact the Admin and he may over rule my decision, its up to him. But in the short term, its a locked issue.

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