Article 11 of the REALTOR® Code of Ethics | Competency

 
 
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by Erin Newbill

Article 11 | Competency

 

Article 11 simply states when providing a real estate service, be competent in that field.  If you are not familiar with the field (ie. Commercial, land, residential, property management or the location area), disclose it to the client and find a mentor who can help. You wouldn’t want to get on the boat of a captain that has never been on that body of water.

Read below for the full Article 11 of the REALTOR® Code of Ethics

Article 11 (Case Interpretations for Article 11)

The services which REALTORS® provide to their clients and customers shall conform to the standards of practice and competence which are reasonably expected in the specific real estate disciplines in which they engage; specifically, residential real estate brokerage, real property management, commercial and industrial real estate brokerage, land brokerage, real estate appraisal, real estate counseling, real estate syndication, real estate auction, and international real estate.

REALTORS® shall not undertake to provide specialized professional services concerning a type of property or service that is outside their field of competence unless they engage the assistance of one who is competent on such types of property or service, or unless the facts are fully disclosed to the client. Any persons engaged to provide such assistance shall be so identified to the client and their contribution to the assignment should be set forth. (Amended 1/10) [listen]

  • Standard of Practice 11-1

When REALTORS® prepare opinions of real property value or price they must:

  1. be knowledgeable about the type of property being valued,
  2. have access to the information and resources necessary to formulate an accurate opinion, and
  3. be familiar with the area where the subject property is located

unless lack of any of these is disclosed to the party requesting the opinion in advance.

When an opinion of value or price is prepared other than in pursuit of a listing or to assist a potential purchaser in formulating a purchase offer, the opinion shall include the following unless the party requesting the opinion requires a specific type of report or different data set:

  1. identification of the subject property
  2. date prepared
  3. defined value or price
  4. limiting conditions, including statements of purpose(s) and intended user(s)
  5. any present or contemplated interest, including the possibility of representing the seller/landlord or buyers/tenants
  6. basis for the opinion, including applicable market data
  7. if the opinion is not an appraisal, a statement to that effect
  8. disclosure of whether and when a physical inspection of the property’s exterior was conducted
  9. disclosure of whether and when a physical inspection of the property’s interior was conducted
  10. disclosure of whether the REALTOR® has any conflicts of interest (Amended 1/14)
  • Standard of Practice 11-2

The obligations of the Code of Ethics in respect of real estate disciplines other than appraisal shall be interpreted and applied in accordance with the standards of competence and practice which clients and the public reasonably require to protect their rights and interests considering the complexity of the transaction, the availability of expert assistance, and, where the REALTOR® is an agent or subagent, the obligations of a fiduciary. (Adopted 1/95)

  • Standard of Practice 11-3

When REALTORS® provide consultive services to clients which involve advice or counsel for a fee (not a commission), such advice shall be rendered in an objective manner and the fee shall not be contingent on the substance of the advice or counsel given. If brokerage or transaction services are to be provided in addition to consultive services, a separate compensation may be paid with prior agreement between the client and REALTOR®. (Adopted 1/96)

  • Standard of Practice 11-4

The competency required by Article 11 relates to services contracted for between REALTORS® and their clients or customers; the duties expressly imposed by the Code of Ethics; and the duties imposed by law or regulation. (Adopted 1/02)

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