citation system
NVAR’S Citation System Upgrade WHAT NVAR MEMBERS NEED TO KNOW By Stevie Fisher
AT ITS CORE, the Realtor® Code of Ethics asks Realtors® to observe the Golden Rule: “Do unto others as you would have others do unto you.” Article 1 essentially requires Realtors® to treat all parties honestly and act in the best interests of their clients. In reality, the 17 Articles of the Code of Ethics do not require anything of Realtors® beyond business practices that make them the most successful and ensure that they provide the best service to their clients. “A few bad apples spoil the bunch,” says 2020 vice chair of the NVAR Grievance Committee, Rob Wittman. “When Realtors® behave unethically, it affects the reputation of the industry as a whole.” While continuing to provide the education and resources NVAR members need to be successful in their businesses, we must also acknowledge the reality that mistakes do happen. NVAR has the duty to enforce the Code of Ethics, the Regional Rules and Regulations for the SentriLock Lockbox System and the NVAR Bylaws through the association’s complaint process. However, there are many ways to ensure professionalism in the industry, including the Citation System. The most frequently cited complaints involve unauthorized access to properties and advertising disclosures. Realtors® frequently receive citations for providing access to properties without an appointment, or for sharing a Mobile Access Code or their SentriCard to allow their clients to access a property without the Realtor® present. The most 26
commonly cited advertising disclosure rules include failing to include the brokerage name in advertising, using another agent’s photos without securing permission, and generally failing to present a true picture in their advertising. In the past three years (20172019), NVAR has received 330 ethics complaints. Of those complaints, approximately one-third were dismissed by the Grievance Committee. This left NVAR with over 200 complaints to process in accordance with established due process procedures. While it is possible for NVAR to rely solely on ethics hearings to resolve complaints, those hearings involve considerable amounts of time from parties, volunteers, and staff. When the association has a high number of complaints, it may take months before an ethics hearing is scheduled. Parties may submit documentation and evidence, secure counsel and call witnesses. The hearing decision, made by members of NVAR’s Professional Standards Committee, is based upon whether there is clear, strong and convincing evidence of a violation. If a Realtor® is found in violation, they may be issued a letter of warning, required to attend educational sessions, and/or issued a sanction up to $15,000 (depending on the nature of the complaint and the number of violations previously committed by the Respondent). This process, while burdensome, is a necessary one that protects members of the public and the reputations of all Realtors®. JUL+AUG 2020
However, there are more efficient means for Realtors® to acknowledge a mistake without going through the entire ethics complaint process. Enter the NVAR Citation System. This system ensures that certain complaints can be adjudicated in one month or less without requiring parties to attend a hearing. Such a system also provides the Realtor® found in violation with relevant education and a fine that is appropriate for the bad action without causing serious harm to their livelihood. The original Citation System was adopted by the NVAR Board of Directions in 2010 and has been updated several times since. This system provided that Realtors® who had committed certain violations pay a citation and a smaller administrative fee ($150) than was required by Realtors® found in violation via a hearing ($500). In the past three years, the NVAR Grievance Committee issued citations in approximately one-third of the complaints received. The vast majority of Realtors® have opted to participate in the Citation System and pay the citation without requesting a hearing. The Citation System has been valuable to members who want to address their mistake, learn from it, and move on. It RE+VIEW http://nvar.com/2004
