But even the most ethical agent can slip. The best of us make mistakes, often without realizing it. Unless you do something egregious (see “Life Lessons” in any issue of Commonwealth), chances are the Realtor sitting across the table isn’t going to tell you about it, let alone file a complaint. We hesitate before accusing someone else of being “unethical.” Instead, she’ll walk away with a professional smile on her face and a bad taste in her mouth. Her client, too. Maybe even yours.
Doing the right thing
This isn’t another “Make sure you know the Code” article. Instead, we want to show you just how easy it is — with all the best intentions — to break the Code... and be someone else’s “other guy.” Be prepared: This isn’t a quiz, and we’re not going to give you answers. The point is to consider the kinds of situations you might be in, and how to think about them from an ethical perspective. So don’t expect a legal Q&A. It’s about the process itself. No scenario we dream up can possibly mimic what happens in real life. Real life is nuanced — full of details and caveats. Because of that, ethics boards aren’t predictable. A ruling could hinge on any number of factors, from the consequences of the offense to the attitude of the Realtors involved. Realtors break the Code all the time, often without realizing it; it’s the ethical version of rolling through a stop sign. VAR’s Legal Hotline gets regular questions demonstrating that even experienced brokers don’t always know the Code as well as they should. There are things you might do all the time, thinking they’re A-OK, when in reality they aren’t. (To continue the driving analogy, think of people who use their turn signal instead of their hazard lights to mean “I’m pulled over.”) You might believe you’re acting within the spirit of the rule, although others might not agree. Or you might rationalize that no one’s really being hurt, and that you’re actually helping your client. Whatever rationalization you might have, in the long run it’s not worth it. People remember what you did, even if it’s to help them — and it will leave a bad taste in their mouths. It’s easy to offer up simple and obvious scenarios — to make right and wrong obvious. But that’s not what trips most people up. What we have here are some examples that are hopefully a bit more thought provoking. Think about them, and then decide whether you can see yourself in the same place.
Realtors break the Code all the time, often without realizing it; it’s the ethical version of rolling through a Stop sign. 20 April/may 2013
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