Posted On: April 5, 2024

Real Estate Ethics in a Fast-Paced Market

For real estate agents, maintaining high ethical standards is not just a matter of compliance with the law but a cornerstone for building trust and a strong reputation in an industry driven by relationships and credibility. But when things are moving fast in the industry, corners are often cut, and essential issues are overlooked.

In this blog, we'll discuss the importance of ethical conduct in the real estate industry and how maintaining high ethical standards can help agents build trust and a strong reputation.

The Importance of Ethical Conduct in Real Estate

Ethical conduct in the real estate industry is essential as it supports trust and credibility, which are fundamental in guiding significant financial and emotional decisions of clients.

A strong ethical foundation not only bolsters a professional's reputation, leading to more business and a positive public image, but also ensures compliance with legal standards, thereby safeguarding against legal disputes and penalties.

Moreover, ethical behavior upholds the integrity of the real estate market, promoting fairness, transparency, and accountability.

This benefits all participants, including buyers, sellers, and other stakeholders, by protecting them from fraud and misrepresentation, ultimately contributing to long-term success and sustainability in the industry.

Avoiding Legal Pitfalls

Ethical practices are not only morally sound, but they also serve as a guardrail against legal issues. Real estate transactions are complex and heavily regulated. Ethical conduct ensures compliance with laws and regulations, thereby reducing the risk of legal entanglements that can be costly and damaging to an agent’s career.

Some may think that acting ethically simply involves being honest. But there are some situations in which being honest may get real estate agents in trouble.

For example, if a client asks about the race or religion of a buyer, a seller, or a neighborhood. Or if a customer asks about the information that your client wants to be kept confidential. Do you know what to do? Don’t let a rush to close get you into legal trouble.

Here are five ethical pitfalls to avoid in a fast-paced market:

1. AGENCY DISCLOSURES AND DUAL AGENCY

The real estate industry, with its intricate interactions and relationships, often presents scenarios where misunderstandings regarding representation can easily arise.

For example, while assisting buyers, there's a risk they might misinterpret this as you acting in their interest when, in reality, you're representing the seller. Clarity about duties and loyalties is crucial; ambiguity in these areas can be a breeding ground for complications.

Moreover, it's imperative to secure informed, written consent from both buyer and seller if you're stepping into the role of a dual agent. This involves making it explicitly clear that your fiduciary duties to both parties will be limited.

Furthermore, situations may occur where two agents from the same brokerage are representing different parties in a transaction. This constitutes a dual agency and demands informed consent, along with a clear explanation of the limited services provided.

Unintentional or misunderstood dual agency can escalate into client dissatisfaction, professional disciplinary actions, and even legal disputes. It's essential to familiarize yourself with state laws and your company's policies regarding this matter.

Transparency is key – ensure that you disclose the nature of the dual agency early and reinforce this disclosure regularly.

Additionally, it's a good practice to ask if buyers are already under exclusive representation by another agent to avoid infringing on established professional relationships.

2. PROPERTY DISCLOSURES

Failing to disclose or misrepresent information that impacts a property's attractiveness or value is not only a breach of the National Association of Realtors (NAR) Code of Ethics but also violates state licensing laws, potentially leading to legal consequences.

Agents are obligated to inform buyers about any material facts known to them that are substantial to the transaction and could influence the individual's decision-making. This responsibility extends to significant hidden defects in the property, which may not be immediately apparent.

The best practice is to stay on the side of transparency: when in doubt, disclose. Agents should share relevant, verified facts but avoid making promises beyond their capacity or offering opinions on matters like tax or legal implications.

As a real estate professional, your expertise lies in real estate, not in tax, legal, or home inspection matters. Licensing laws and ethical codes mandate that agents remain within their area of expertise.

Remember, it's perfectly acceptable to acknowledge when you don't have the answer. In such cases, it’s recommended that clients seek guidance from qualified professionals in the relevant field.

3. FIDUCIARY DUTIES

Remember, state real estate license law specifies the responsibilities of licensees when they represent buyers or sellers, called “fiduciary duties:”

Loyalty
Care
Obedience
Accounting
Disclosure
Confidentiality

If you’re a seller’s agent talking with prospective buyers at an open house, you cannot tell them why the seller is selling or the lowest price the seller would accept. This would violate your duties of loyalty and confidentiality.

4. ADVERTISING

When promoting your services and listings, it's crucial to emphasize concrete benefits rather than resorting to vague or exaggerated claims like “Number #1 Agent” or “Best Deal in Town.” Such vague statements, often referred to as "puffing," can cross into the territory of misrepresentation or even fraud if they significantly distort the truth.

Additionally, ensure that all the information in your listing and marketing materials, including details like square footage and school district information, is backed by reliable sources.

In terms of advertising, it's important to adhere to fair housing laws. Avoid using marketing strategies that exclusively feature models from specific racial groups, seem to target prospects based on protected classes, or use language that suggests preference.

A wise approach is to focus on describing the property's features rather than suggesting the type of buyer who might be interested. Also, steer clear of including directions that reference well-known landmarks associated with certain racial, ethnic, or religious groups, as this could be construed as discriminatory.

Remember, the goal is to market properties based on their merits while maintaining an inclusive and legally compliant approach.

5. FAIR HOUSING

As a real estate agent, it's essential to navigate client requests with both professionalism and adherence to the law.

For example, if a buyer requests to see properties only in predominantly Hispanic neighborhoods, a seller specifies they want offers solely from non-Muslim buyers, or an apartment owner desires to rent exclusively to Christian families, it's important to recognize that complying with these requests would constitute a violation of fair housing laws. Such actions could lead to serious legal repercussions.

Agents must provide impartial and equal service to all prospects, irrespective of their race, color, religion, national origin, gender, familial status, disability, and, as recently included, sexual orientation, under the REALTOR® Code of Ethics.

This means treating every client fairly, offering consistent services to everyone, and ensuring that no one is discriminated against in any real estate transactions.

Adhering to these principles not only aligns with legal requirements but also upholds the values of equality and nondiscrimination in the real estate industry.

Maintaining High Ethical Standards to Build Trust and a Strong Reputation

Here’s how having ethical standards can help you build trust and a strong reputation:

The Foundation of Trust

Ethical behavior in real estate involves more than just honesty; it involves a range of practices, from maintaining client confidentiality to providing accurate information about properties.

When agents prioritize ethics, they lay a strong foundation for trust. This trust is crucial, as clients are often making one of the most significant financial decisions of their lives. An ethical agent who can be trusted to put clients’ interests first is more likely to garner repeat business and referrals.

Reputation: Your Greatest Asset

In the digital age, an agent's reputation can be enhanced or tarnished with just a few clicks. Ethical conduct ensures that agents build a positive online presence.

Clients are more inclined to leave positive reviews and recommend services when they feel they’ve been treated fairly and with respect. A strong, positive reputation is a powerful tool for attracting new clients.

Long-Term Relationships and Success

Real estate is inherently a long-term game. Building and maintaining relationships over time is essential for sustained success.

Ethical conduct helps you build lasting relationships with clients, other agents, and industry professionals. These relationships become valuable networks that support an agent’s career growth and success.

Stay Ethical With 360training

Ethical conduct in real estate is more than a requirement; it's a strategic approach to building a successful career. In an industry where your reputation is your most valuable asset, ethical practice is the key to unlocking lasting success.

A crucial way to avoid ethical mistakes in your real estate career is to keep up to date on ethical and legal issues. How can you do this?

By taking courses with the trusted and top provider— Agent Campus by 360training. Whether starting a new career or skilling up, our Real Estate Pre-License Courses and Real Estate Continuing Education provide you with the skills and knowledge you need.