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| Realtors Code of Ethics-"Under all is the land.." in forum [Realty]
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Halfbrite
Posts: 2459
Incept: 2008-10-13
Arizona via California
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Most in our society do not follow the constitution - but many still do.
There are many Professional Realtors who still believe in, and abide by, every word this document says. You have to search to find them, but they are there.
The NATIONAL ASSOCIATION OF REALTORS® adopted the Code of Ethics in 1913,
The Code of Ethics addresses a Realtor's® duties and obligations to clients and customers, the public and other Realtors®. The code consists of 17-points that outline the following expectations:
1.A Realtor's® first duty is to protect the interests of their client, and to treat all parties honestly. 2.Realtors® shall avoid concealment or misrepresentation pertinent information in relation to the property or the transaction. Realtors® also may not disclose confidential information. 3.Realtors® shall cooperate with other brokers, except when the cooperation is not in the best interest of their client. Cooperation doesn't include compensation. 4.Realtors® must disclose any personal share or interest in a property involved in a transaction. In other words, when interested in buying or selling a property they must make it clear that they are representing themselves not a client. 5.Realtors® shall avoid conflicts of interest, and must make their interest known to all parties if they do provide services for a transaction in which they have a personal interest. 6.Realtors® shall not accept a commission, rebate, a fee, or other financial benefit without disclosing it to the client. 7.Realtors® cannot be compensated by more than one party in a transaction without making it clear to all parties. 8.Realtors® must maintain a special account (separate from their own personal account) for escrows, client's monies, trust funds and the like. 9.Realtors® must assure that contracts, leases, agreements, etc. are in clear and understandable language in writing, and must be explained at the time of signing or initialing. 10.Realtors® cannot deny professional services on the basis of race, religion, sex, family status, handicap or national origin. 11.Realtors® cannot provide services outside of their field of competence (such as a residential realtor working in commercial real estate) without disclosing it to the client. 12.Realtors® must adhere to truth in advertising and marketing, and must disclose their professional status in advertising. 13.Realtors® shall not give legal advice, and shall advise clients to seek legal counsel when applicable. 14.Realtors® shall make full disclosure of all pertinent facts if charged with unethical practice. 15.Realtors® shall not make false or misleading statements about their competitors or their own businesses. 16.Realtors® shall not work outside of the exclusive agreements with their clients. 17.Realtors® agree to arbitration in the case of a violation.
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"That which cannot continue, will not continue. Brace for impact!"
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Ponzi_unit
Posts: 8121
Incept: 2007-09-05
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Bookmarked so I can read this back (and check it off one by one) to the next Realtor I talk to.
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Taxpayers witnessed a crime and stayed around long enough to get charged with it.
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Jv
Posts: 553
Incept: 2008-02-01
OH-IO
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I am sold on your ethics halfbrite...can you get to Columbus and move my house :)).
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Starve the beast... any beast!! We can vote with our wallets every day.
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Mezcal
Posts: 1832
Incept: 2007-08-04
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Unlike many here I'm not a Realtor hater but Quote:1.A Realtor's® first duty is to protect the interests of their client, and to treat all parties honestly. this is a clear logic fail since those are two separate items and are completely unrelated to one another. One of them may be a 'first duty' but both of them cannot.
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"God knows who is a counter-party to whom in the mammoth international cluster**** of accounting fraud that passes for a commerce in capital." Kunstler, 13 June 2011
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Halfbrite
Posts: 2459
Incept: 2008-10-13
Arizona via California
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Mez: Most buyers/sellers do not want to screw someone - if they do, a good Realtor will dump that client. Most clients interest is an honest and fair transaction, so I don't believe they are mutually exclusive. (to most)
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"That which cannot continue, will not continue. Brace for impact!"
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Halfbrite
Posts: 2459
Incept: 2008-10-13
Arizona via California
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Jv - Nothing succeeds like valueing and practicing integrity.
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"That which cannot continue, will not continue. Brace for impact!"
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Fatso
Posts: 3239
Incept: 2008-02-03
Mars Hotel
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Quote:5.Realtors® shall avoid conflicts of interest, and must make their interest known to all parties if they do provide services for a transaction in which they have a personal interest. A Real*****'s first interest is getting their ****ing 3%. If they don't get absolute top dollar for their client on the sell side, what the **** do they care? A thousand dollars here or there off the sales price is only $30 in commission.
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Jv
Posts: 553
Incept: 2008-02-01
OH-IO
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I agree with you on that Half. I have always looked at every deal I have ever been in as an opportunity to lay another brick for the future instead of the short term gratification of making money. I always tell my customers if I screw one person everything I have done over 15 years would be worthless. Anyway, every industry has more bad than good IMO and the people who do it right should let everyone know there philosophy. Good for you trying to put your customers first.
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Starve the beast... any beast!! We can vote with our wallets every day.
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Mezcal
Posts: 1832
Incept: 2007-08-04
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Quote:Most buyers/sellers prefer to convince themselves that they do not want to screw someone We just have a different take on that I guess.
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"God knows who is a counter-party to whom in the mammoth international cluster**** of accounting fraud that passes for a commerce in capital." Kunstler, 13 June 2011
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Halfbrite
Posts: 2459
Incept: 2008-10-13
Arizona via California
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Mez, I would appreciate if you quote me, you would do so accurately. If you insert your comments on a separate line, I'd appreciate it.
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"That which cannot continue, will not continue. Brace for impact!"
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Mezcal
Posts: 1832
Incept: 2007-08-04
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My apologies, Half, if the portion I inserted was not clear.
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"God knows who is a counter-party to whom in the mammoth international cluster**** of accounting fraud that passes for a commerce in capital." Kunstler, 13 June 2011
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Psgirl
Posts: 6039
Incept: 2009-02-18
Banned
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LOL, that is funny.
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Aliveh
Posts: 4047
Incept: 2008-01-18
Los Angeles
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another thread where halfbrite refuses to acknowledge that realtors (hardly) ever participate in fraud. read and judge for yourselves, starting about 1/3 of the way down the page: http://tickerforum.org/akcs-www?post=160....
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Mrbill
Posts: 7857
Incept: 2008-10-19
North Carolina
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I'm not going to join the "halfbrite bashing" because, well, its not really fair. I'm glad he is here giving his opinion, so those who disagree, stick to the facts and stay focused on the arguments.
I'm sure there's lots of honest bankers. They're just not loud enough about the dishonest ones to be on my side. Same for Realtors.
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Aliveh
Posts: 4047
Incept: 2008-01-18
Los Angeles
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if someone refuses to acknowledge there's a problem where one clearly exists...
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C4talyst
Posts: 2938
Incept: 2007-08-28
Northern Virginia
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Whole industry is one big conflict of interest... 
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Etz
Posts: 13892
Incept: 2007-06-26
LA
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Realtors and ethics in the same sentence. Now that's a novel idea.
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Legal chicanery and beneficent darkness are the banker's stoutest allies - F.Pecora.
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Iflyjetzzz
Posts: 8876
Incept: 2007-07-29
Tucson, AZ
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Halfbrite, since this thread is now in not-so-breaking, I can't post on it anymore because I don't have posting privileges there: http://tickerforum.org/cgi-ticker/akcs-w....To continue that discussion, you stated: Quote: Rather than rebut every factual error in your post, let's take just one: Title insurance. Fact: Prices are all the same from every company. After I posted a link showing that title insurance prices are NOT all the same, you tried to discount my link by calling it a wacky apples and oranges comparison. WTF? You then choose to link to a report using 1999-2005 data as your proof. While the prices fluctuated only slightly in that report, there was variation in prices. The report also did not include prices from EnTitle's previous name, Guardian National Title Insurance Company. Perhaps because their prices were significantly lower than the title companies used in the report? But since you posted this report: http://www.insurance.ca.gov/0400-news/02....I read some 'interesting' comments in it that prove kickbacks to realtors. From section 5.2.1.1 California Department of Insurance Enforcement Actions: Quote:In July 2005, the California Department of Insurance reached agreement with nine major title companies to pay $37.8 million in refunds and penalties for illegal rebating through a captive reinsurance scheme in which national homebuilders, lenders and realtors were encouraged to steer business to particular title insurers. Under the arrangement, the homebuilder formed a reinsurance company affiliate – a captive reinsurer. Under an agreement with the title insurer, the homebuilder would steer the consumer to the title insurer and the title insurer would cede a portion of the premium – typically 50% after the first $200 to $350 – to the captive reinsurer with no substantive risk of loss associated with the reinsurance transaction. In effect, the arrangement allowed for the title insurer to rebate 50% of the premium to the homebuilder. The companies were accused of paying $25.4 million in illegal kickbacks to various lenders, builders and realtors in exchange for the referral of title insurance business. The nine companies, members of three insurance groups -- LandAmerica Financial Corporation, the First American Title Insurance Company, and Fidelity National Financial Inc. -- control roughly 75% of the California title insurance market. Their actions in this case involved more than 82,000 California households which purchased or refinanced a home between 1997 and 2004. In agreeing to the settlement, the title insurers admitted no wrongdoing. Quote:In April 2005, Stewart Title reached a settlement with the California Department of Insurance over allegations of unlawful rebate activities from 1999 through 2001. Stewart agreed to a cease and desist order, paid $750,000 for a penalty and reimbursed the Department’s cost of investigation.93 The investigation found that the inducements Stewart gave to agents amounted to $594,102.67. They came in the form of payments for business support services, providing gift certificates and door prizes for realtor events, making rent payments, funding special events, and sponsoring broker activities. The activities took place in Los Angeles, Orange, Riverside, San Bernardino and San Diego Counties. In agreeing to the settlement, Stewart admitted no wrongdoing. Quote:In December 2004, the California Department of Insurance reached an agreement with Commonwealth Land Title Company over allegations of unlawful rebate activity. Commonwealth agreed to pay a penalty of $1.25 million and another $250,000 for reimbursement of the Department’s cost of investigation. Commonwealth also agreed to cease and desist the activities alleged as unlawful rebates by the Department.95 These activities included fraudulent receipts for gifts, entertainment, food and beverage and business support services to referrers of title insurance and escrow business. In agreeing to the settlement, Commonwealth admitted no wrongdoing. Quote:In 2001, the California Department of Insurance initiated an enforcement action against Old Republic Title Co. for allegedly giving illegal kickbacks to real estate agents. The Department alleged that Old Republic Title Co. spent more than $540,000 to give real estate agents computer training unrelated to title insurance products or services in Old Republic offices and that the Old Republic printed real estate booklets for the agents, valued at $226,000.99 Old Republic subsequently agreed to pay a $1 million fine and stop offering illegal rebates. In agreeing to the settlement, Old Republic admitted no wrongdoing. Quote:In 1999, the California Department of Insurance fined Chicago Title $235,000 for unlawful rebates to real estate agents in exchange for the referral of title and escrow business. In agreeing to the settlement, Chicago Title admitted no wrongdoing. Chicago Title agreed to stop the following activities that the Department of Insurance investigators uncovered during their probe: 1. Leasing or subleasing work space within real estate licensees’ offices 2. Providing coordinator services to real estate agents 3. Picking up and delivering real estate flyer orders on behalf of real estate licensees 4. Providing real estate licensees with computer software, education, and training not related to the business of title insurance 5. Providing printing services to real estate licensees 6. Waiving sub-escrow fees and charging unfiled rates for title and escrow services 7. Providing certificates to customers for free installation of home security systems 8. Offering to pay part of the costs for showing a “for sale” property on an Internet video service. Quote:In 1997, North American Title Company paid a fine to the California Department of Insurance of $100,000 for giving cash and free services to real estate agents. The title company placed its employees in the real estate offices, paid rent for the space and used the employees as “escrow coordinators” to steer business of homebuyers to the title insurance companies placing the employees in the real estate offices. A spokesman for North American Title Company claimed that all national title companies engaged in the practice of placing “escrow coordinators” in real estate offices. In agreeing to the settlement, North American admitted no wrongdoing. etc, etc Note the common theme is that real estate agents referred their clients to particular title insurance companies in exchange for kickbacks. Also note that while Guardian is mentioned in appendix 5 of the report you cited, their prices are not ever mentioned in the report. Guardian is also not mentioned as a company that paid kickbacks.
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When the facts change, I change my mind, sir. What do you do?
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Halfbrite
Posts: 2459
Incept: 2008-10-13
Arizona via California
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Ifly: Congrats - by using the report professionally provided to you, by me, you now have a miniscule knowledge of 2 of the 30 or so area's of RE that amateurs really should know before they boast, or disparage professionals.
You now dump your own sources, repost the info from my sources that I just gave you, then try to interpret my info and suggest you have a clue as to what that info means in the real world, to real people?
You're hopeless.
And give KD a couple hundred bucks and get a star - you're too cheap for your own good.
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"That which cannot continue, will not continue. Brace for impact!"
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Halfbrite
Posts: 2459
Incept: 2008-10-13
Arizona via California
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Ifly said: Quote:Note the common theme is that real estate agents referred their clients to particular title insurance companies in exchange for kickbacks. No, the common theme is that title companies provide kickbacks and bribe THE OWNERS of real estate companies. If you had a clue what you were talking about, you'd know that agents never get a dime of kickbacks and are unaware they even occur. The owners of the RE companies pocket the bribe money from the title companies.
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"That which cannot continue, will not continue. Brace for impact!"
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Iflyjetzzz
Posts: 8876
Incept: 2007-07-29
Tucson, AZ
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Halfbrite, you're definitely a realtor. You dodged all of my questions, totally misinterpreted everything that I said, dismissed problematic issues, want to spend more of my money than I care to, and have congratulated yourself for 'delivering a (cough, cough) professional report' in spite of the fact that it is badly out of date.
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When the facts change, I change my mind, sir. What do you do?
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Bozonian
Posts: 19891
Incept: 2007-09-01
Saratoga Springs, New York
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A Realtor's® first duty is to protect the interests of their client, and to treat all parties honestly.
Who wrote this trash? It's not even grammatically correct. "their" is the possessive for pural they. His is the singular possessive:
A Realtor's® first duty is to protect the interests of his client, and to treat all parties honestly.
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Forget about blaming, fighting with, or crediting other people. The only real challenge in life, is with yourself. -- Me
Everything I write is my opinion and not to be considered proven fact. Nothing I write should be considered financial advice.
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Psgirl
Posts: 6039
Incept: 2009-02-18
Banned
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Ifly gets a slam dunk and the crowd goes wild....
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Halfbrite
Posts: 2459
Incept: 2008-10-13
Arizona via California
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Boz, do you really want to bring your outdated, offensive, and incorrect english grammar into the discussion? Shame on you, women are great Realtors too! How bout that PS Girl? You gonna agree with the sexist pig or with the most gender neutral profession in America - Real Estate! And lighten up - I'm just kidding you - even when you're wrong -- again.  www.dailywritingtips.com/needed-new-singular-possessive-adjective-combining-his-and-her/ - Quote:White asserted that the masculine pronoun “has no pejorative connotations; it is never incorrect.”
White has been overruled.
The editors of the Fourth Edition of Elements acknowledge that “many writers find the use of the generic he or his to rename indefinite antecedents limiting or offensive,” and offer suggestions for avoiding it.
The problem arises from the fact that English pronouns and possessive adjectives must agree with their antecedents in gender as well as in number. (Antecedent=the word that the pronoun stands for or to which the possessive adjective refers.)
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"That which cannot continue, will not continue. Brace for impact!"
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Etz
Posts: 13892
Incept: 2007-06-26
LA
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Halbrite, your chances of convincing anyone here that Realtor's® are honest is basically nil. 
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Legal chicanery and beneficent darkness are the banker's stoutest allies - F.Pecora.
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