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Rule
1 - Ethical Behaviour
A Member shall endeavour to protect and promote...
Rule 2 - Primary Duty to
Client
A Member shall endeavour to protect and promote...
Rule 3 - Disclosure of Role
At the earliest practical opportunity, but no later than...
Rule 4 -
Written Representation Agreements
A Member shall enter into a written Representation Agreement...
Rule 5 - Financial
Disclosure
A Member shall disclose the financial aspects of a Transaction...
Rule 6 - Written
Transaction Agreements
A Member shall ensure that Agreements regarding Transactions...
Rule 7 - Outside
Professional Advice
A Member shall not discourage the Parties...
Rule 8 - Confidentiality
A Member shall not disclose confidential information...
Rule 9 - Abuse of a
Client or Customer
A Member, when acting in a professional capacity, shall not...
Rule 10 -
Misrepresentation or Falsification
A Member shall not make any statement or participate...
Rule 11 - Discovery of Facts
A Member shall discover and verify the pertinent facts...
Rule 12 - Name
A Member shall only practice using the Member's name...
Rule 13 - Advertising
A Member shall ensure that all advertising and promotion...
Rule 14 - Discrimination
A Member shall not, when acting in a professional capacity...
Rule 15 - Obedience to Law
A Member shall practice in accordance with all federal...
Rule 16 -
Cooperation with the Council
A Member shall cooperate fully with any representative...
Rule 17 -
Maintaining Current Knowledge
A Member shall remain informed regarding recent developments...
Rule
18 - Evaluations and Comparative Market Analysis
A Member shall not give an opinion or advice about the value...
Rule 19 - Competence
A Member shall render conscientious service with the
knowledge...
Rule 20 - Broker
Responsibility
A broker shall be responsible for the professional conduct...
Rule 21 - Record Keeping
A Member shall maintain reasonable records of the Member's...
Rule 22 -
Members' Financial Responsibility
A Member shall be financially responsible in the Member's ...
Rule 23 - Unprofessional
Conduct
A Member shall not engage in an act or omission...
Rule 24 - Conduct
Unbecoming A Member
A Member shall not engage in conduct unbecoming a Member.
Top of page
Rule 1 - Ethical Behaviour
A Member shall:
- endeavour to protect and promote the best interests of the
Member's Client,
- endeavour to protect the public against fraud, misrepresentation
or unethical practice in connection with real estate Transactions,
- maintain and enhance the Member's degree of skill and competence,
- render services, including giving advice and opinions, based on
the Member's knowledge, training, qualifications and expertise,
- deal fairly, honestly and with integrity with the public, other
Members and third parties,
- cooperate with the Council in fulfilling its duty to serve and
protect the public interest,
- comply with the Real Estate and Business Brokers Act and
the regulations under it and the by-laws of the Council.
Guiding
Principles
| 1.1 |
Ethical
behaviour is based upon the Golden Rule: "Do unto others as
you would have them do unto you". |
| 1.2 |
The
opening words to this rule are taken from the requirements
imposed on all Members by subsection 6(1) of the Real Estate and
Business Brokers Act. The Code of Ethics is a description and
amplification by the Council of this obligation. |
| 1.3 |
Members
are expected to keep abreast of the current professional
standards. |
| 1.4 |
The Code
of Ethics sets out the minimum requirements that Members are
expected to meet. |
| 1.5 |
This Code
of Ethics shall apply to all Members despite any agreement to
the contrary. |
Top of page
Rule
2 - Primary Duty to Client
A Member shall endeavour to protect and promote the best interests of
the Member's Client. This primary obligation does not relieve the Member
of the responsibility of dealing fairly, honestly and with integrity
with others involved in each Transaction.
Guiding
Principles
| Fiduciary
Duty to Client |
| 2.1 |
A Member has a fiduciary duty,
professionally and at law, to endeavour to protect and promote
the interests of the Member's Client to the extent that he or
she may ethically or legally do so. This relationship of trust
means that the Member never puts the Member's interests above
those of the Client. Competence, diligence, full disclosure,
obedience, loyalty, confidentiality and complete accounting are
included in this duty. |
| 2.2 |
Except in cases of Consensual Dual
Agency, a Member does not act as a mediator between the Member's
Client and the other Person involved in the Transaction. Rather,
the Member advocates the Member's Client's position according to
the Client's instructions. |
| 2.3 |
A Member should inform a Client
about the availability of a listed Property where it is in the
interests of the Client regardless of the fee or commission
arrangement.
|
|
Honest Disclosure to Client
|
| 2.4 |
A Member, in attempting to obtain a
listing, should not knowingly misrepresent to the Seller the
potential market value of a property. When attempting to enter
into a Buyer Agency Agreement, a Member should not knowingly
misrepresent to the Buyer the potential purchase price of a
Property. |
| 2.5 |
A Member should fully disclose to
the Member's Client, at the earliest practical opportunity, any
information that the Member knows or ought to know which could
affect the decision to proceed with the transaction. The Member
should disclose to the Member's Client the material steps that
the Member takes on the Client's behalf. |
| 2.6 |
A Member's primary duty is to the
Member's Client. However, the Member also has a duty to deal
fairly with the public, other Members, third parties and the
profession as a whole as represented by the Council. The Code of
Ethics attempts to indicate how a Member can fulfill both sets
of duties.
|
|
Fair Dealing with Customers
|
| 2.7 |
A Member, when dealing with a
Customer, should not mislead the Customer as to any matters
pertaining to the Property or Transaction. |
| 2.8 |
A Member, when dealing with a
Customer, should exercise reasonable care and skill when
answering inquiries or giving information so that the answers or
information are complete and accurate.
|
| Fair
Dealing with Third Parties |
| 2.9 |
A Member should provide competent,
thorough and skilled assistance when dealing with lawyers,
mortgage lenders, home inspectors, surveyors and other third
parties that may be involved in the Transaction, and should
cooperate with those persons, to facilitate the successful
completion of any Transaction, to the extent practical without
breaching the Member's duties to the Member's Client. |
| 2.10 |
No Member should make a practice of
Steering any Clients or Customers to a particular person for
other services that may be required in connection with any
Transaction. |
| 2.11 |
All of the other Guiding Principles
expand upon aspects of this primary duty. |
Top of page
Rule
3 - Disclosure of Role
At the earliest practical opportunity, but no later than when the
Member Accepts an Agency, a Member shall fully disclose in writing the
role and nature of the service that the Member shall be providing to the
Person. The Member shall also disclose the Member's role to others
involved in the Transaction when appropriate.
Guiding
Principles
| Disclosure
of Role |
| 3.1 |
A Member is strongly advised to
obtain a written acknowledgement of the disclosure of the
Member's role from the Person. Requesting a written
acknowledgement brings home to the Person the seriousness of the
disclosure. The written acknowledgement also provides evidence
that the necessary disclosure has been made. |
| 3.2 |
Disclosure of a Member's role
includes identifying whether he or she is representing the
Seller, the Buyer, or some other party to the Transaction. The
Persons involved in the Transaction, including their
representatives, should be clearly informed of the role of the
Member in the Transaction.
|
|
Disclosure of Nature of the Service
|
| 3.3 |
Disclosure of the "nature of
service" includes explaining that the Member's primary
responsibility is to protect and promote the interests of the
Member's Client, but that this primary obligation does not
relieve the Member of the responsibility to deal fairly with all
Parties to the Transaction.
|
|
Timing and Method of Disclosure
|
| 3.4 |
The disclosure in this Rule should
be made at the earliest practical opportunity in the
relationship, but not later than when the Member Accepts an
Agency, even if the written acknowledgement is obtained later in
the relationship. A Person may disclose information to a Member
that he or she might otherwise have kept confidential if the
Person knew the Member's role, or, conversely, a Person may
withhold information from the Member that he or she would
otherwise have told the Member if the Person knew the Member's
role. |
| 3.5 |
The disclosure of role in this Rule
should be included in writing in any Offer between the parties
where the Member is representing a Party. |
Top of page
Rule
4 - Written Representation Agreements
A Member shall enter into a written Representation Agreement with a
Client at the earliest practical opportunity, and in all cases before
any Offer to Purchase is submitted.
Guiding
Principles
| 4.1 |
A Representation Agreement should
specify the role and nature of services of the Member, the
duration of the Agreement, the compensation of the Member and
the other expectations and obligations of the Member and the
Client. |
| 4.2 |
A Member should put any
representation or promises in writing including a representation
or promise to permit the early cancellation of a listing or a
representation agreement or a representation or promise to
rebate or reduce a commission in some circumstances. Section24
of the Real Estate and Business Brokers Act has special
requirements for representations or promises to resell any real
estate, Purchase or Sell real estate, to obtain a mortgage,
lease or loan and some similar Transactions. |
| 4.3 |
A Representation Agreement should
not be for a period of more than 6 months unless the Client
specifically gives an Informed Consent to a longer period in
writing and the Client initials that provision. |
| 4.4 |
The requirements of this Rule are
in addition to the requirements in Rule 3. |
| 4.5 |
Section 35 of the Real Estate and
Business Brokers Act has specific provisions relating to Listing
Agreements. |
Top of page
Rule
5 - Financial Disclosure
A Member shall disclose the financial aspects of a Transaction and
any personal interest of the Member in a matter to the Parties
sufficient to enable them to make an informed decision.
Guiding
Principles
| Disclosure
of Expenses |
| 5.1 |
A Member should, prior to the
signing of any agreement, fully inform the Client or Customer
regarding the type of expenses, without necessarily specifying
their amounts, for which the Person may normally be liable. |
| 5.2 |
A Member should not suggest or
imply, directly or indirectly, that the fees or commissions
payable are set, fixed or mandated by a real estate board or the
Council. |
| 5.3 |
A Member should ensure, before
incurring an obligation on behalf of a Client, that the Person
providing the services or products knows who is responsible for
payment.
|
|
Disclosure of Benefits
|
| 5.4 |
A Member should disclose in writing
to a Client or Customer, and obtain prior specific and Informed
Consent in writing for: (a) any direct or indirect financial
benefit, commission, rebate or fee that the Member or the
Member's firm or a Related Person may receive from another
Person other than the Client by virtue of the Member's services,
including advice, recommendations and referrals, (b) the
approximate amount of such benefit, commission, rebate or fee,
and (c) the identity of the Person conferring such financial
benefit, commission, rebate or fee and the nature of the
Member's relationship with that Person. However, where the
financial benefit is a fee conferred from one broker to another
broker, whether in Ontario or outside of Ontario, the consent
need not be in writing. |
| 5.5 |
A Member should not recommend or
suggest to a Client or Customer the use of services or products
of another Person in which the Member or a Related Person has a
direct or indirect interest without disclosing such interest in
writing at the time of the recommendation or suggestion.
"Services or products" include lending institutions,
solicitors, appraisers, insurers, moving companies but should
not include other real estate brokerage firms. |
| 5.6 |
A Member should when requested,
render a proper accounting to a Client with respect to money,
Property or other things which have been entrusted to the care
of the Member. |
| 5.7 |
A Member should disclose to the
Member's Client all compensation the Member may receive by
virtue of the Member's services. The phrase "by virtue of
the Member's services" includes any benefit that may result
from the Transaction itself.
|
|
Self Dealing
|
| 5.8 |
A Member should not present an
Offer or acquire an interest in Property either directly or
indirectly for the Member or a Related Person without first
delivering the Member's position to the Seller in writing. A
Member should not Sell Property in which the Member or a Related
Person has an interest without disclosing the Member's position
and interest to the Buyer in writing and obtaining an
acknowledgement in writing. Section 31 of the Real Estate and
Business Brokers Act applies to this situation. |
| 5.9 |
In general, the Code of Ethics
applies to a Member who acts as a principal in a Transaction or
who represents a Related Person.
|
| Application
of Rule |
| 5.10 |
This Rule applies to contemplated
interests by a Member or a Related Person as well as actual
interests in Property. |
| 5.11 |
The disclosure in this Rule should
be made at the earliest practical opportunity in the
Transaction. |
Top of page
Rule
6 - Written Transaction Agreements
A Member shall ensure that Agreements regarding Transactions are in
writing, expressing the specific terms, conditions, obligations and
commitments of the Parties to the Agreement. A copy of each accepted
Agreement shall be furnished to each Party upon its final acceptance.
Guiding
Principles
| Written
Agreements |
| 6.1 |
A Member should ensure that all
documents and forms used are current and, where applicable, are
in the form approved by the Council. |
| 6.2 |
A Member should explain to a Client
or Customer in reasonable detail the documents and forms used in
the Transaction.
|
| 6.3 |
A Member should not sign an
Agreement on behalf of a Client unless lawfully authorized to do
so. Section 23 of the Real Estate and Business Brokers act also
applies here. |
| 6.4 |
An accepted Agreement includes
amendments, waivers and other related documents. |
| 6.5 |
A Member should make reasonable
efforts to forward a copy of an accepted Agreement to the lawyer
of a Party or a lender to a Party on the instructions of the
Party and should notify the Parties promptly if the Member was
unable to do so. |
| 6.6 |
A Member should not negotiate with
or make Offers to the Client of another Member respecting
matters in which the other Member is representing the Client
without the knowledge, consent and involvement of the other
Member.
|
|
Presentation of Offers
|
| 6.7 |
A Member should present all written
Offers, including counter-offers, as objectively and as quickly
as possible. |
| 6.8 |
A Member should establish a system
to ensure that all Offers are received and presented on a timely
basis including in the Member's absence. |
| 6.9 |
A Member should present all Offers
promptly and objectively regardless of their source, content or
fee or commission arrangement. Offers made through other
Member's or organizations should not be treated differently than
Offers made through the Member or the Member's organization. |
| 6.10 |
A Member should not withhold or
delay the presentation of an Offer for the purpose of obtaining
another Offer without the express written consent of the Client. |
| 6.11 |
A Member should advise the Client
about the facts and considerations that are relevant to the
Client's decision to make or accept an Offer. However, a Member
should leave the decision about the making or acceptance of an
Offer to the Client alone. |
| 6.12 |
Where there are competing Offers,
the Member representing the Seller should inform the Persons
making an Offer of the existence of all other Offers without
disclosing their content unless directed to do so by the Seller
in writing. |
| 6.13 |
Sections 32 and 36 of the Real
Estate and Business Brokers Act also apply here. |
Top of page
Rule
7 - Outside Professional Advice
A Member shall not discourage the Parties to a Transaction from
seeking outside professional advice.
Guiding
Principles
| 7.1 |
A Member should seek outside
professional advice for each of the Parties to the Transaction
and for the protection of the Member where it is reasonably
beyond the expertise of the Member to set out accurately and
appropriately any term or Agreement reached by the Parties.
Outside professional advice would include lawyers, home
inspectors, surveyors, accountants, insurance agents or brokers,
mortgage consultants, land use planners, and environmental
consultants. |
| 7.2 |
A Member should advise a Client to
obtain legal advice if the Client has accepted an Offer and is
considering accepting a subsequent Offer. |
| 7.3 |
Where there is a Consensual Dual
Agency relationship, the Member should urge the Parties to seek
independent legal advice, before an Agreement becomes binding. |
Top of page
Rule
8 - Confidentiality
A Member shall not disclose confidential information about the Client
except with the Informed Consent of the Client or as required or
authorized by law. The duty of confidentiality continues after the
professional relationship with the Client has ended. A Member may
disclose confidential information without consent in order to prevent or
assist authorities to prevent, investigate or prosecute an offence, to
defend the Member against an allegation by the Client of negligent or
improper conduct.
Guiding
Principles
| 8.1 |
Confidential information includes
information about a Client's assets, liabilities, personal
income, personal expenses, motivations to Buy or Sell, and
previous Offers which are not part of a public record. |
| 8.2 |
A Member should not disclose or use
confidential information for the Member's advantage or the
advantage of a third party without the Client's consent. |
| 8.3 |
A Member should ensure that a
Client's consent to disclose or use confidential information is
specific, is an Informed Consent and is made after full
disclosure by the Member of the nature of the proposed
disclosure of information or the use to which the information
will be put. |
Top of page
Rule
9 - Abuse of a Client or Customer
A Member, when acting in a professional capacity, shall not
physically, sexually, emotionally or verbally abuse a Client, a
Customer, a member of the public, another Member, or any other third
party.
Guiding
Principles
| 9.1 |
A Member, when acting in a
professional capacity, has a position of trust and authority.
Misusing that trust or authority for violent or abusive conduct
is unacceptable. |
Rule
10 - Misrepresentation or Falsification
A Member shall not make any statement or participate in the creation
of any document or statement that the Member knows or ought to know is
false or misleading.
Guiding
Principles
| 10.1 |
A Member should be honest and
candid when advising Clients. |
| 10.2 |
A Member should not participate in
any arrangement to conceal or withhold any facts pertaining to a
Property. |
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Rule
11 - Discovery of Facts
A Member shall discover and verify the pertinent facts relating to
the Property and Transaction relevant to the Member's Client that a
reasonably prudent Member would discover in order to fulfill the
obligation to avoid error, misrepresentation or concealment of pertinent
facts.
Guiding
Principles
| 11.1 |
Any fact that would affect a
reasonable Person's decision to Sell the Property, the price for
which a reasonable Person might be able to Sell the Property or
a reasonable Person's ability to Sell the Property at a future
date is a pertinent fact. |
| 11.2 |
Any fact that could affect a
reasonable Person's decision to Buy the Property, the price that
a reasonable Person might pay for the Property or a reasonable
Person's ability to resell the Property at a future date is a
pertinent fact. |
| 11.3 |
A Member representing a Seller of
Residential Property should consider requesting that the Seller
complete and sign a Vendor Property Information Statement and
should attach a copy to the Agreement or provide in the
Agreement, or otherwise, in writing to the Parties, a statement
that the Seller refused or was unable to complete the Statement. |
| 11.4 |
A Member should not rely completely
on the information obtained from the Client when such
information is pertinent and it can be practicably verified from
an independent source. |
| 11.5 |
A Member representing the Seller
should not recommend the acceptance of an Offer where financing
is being provided by the Seller without first recommending that
the Seller verify the credit worthiness of the Purchaser. |
| 11.6 |
A Member should, unless it is
impractical to do so, verify pertinent facts and should not
simply rely upon estimates or copies of information from
previous sources. |
| 11.7 |
Section 33 of the Real Estate and
Business Brokers Act requires disclosure of specific financial
information on a trade in a business. |
Duties to the Public
Top of page
Rule
12 - Name
A Member shall only practice using the Member's name as registered
with the Council.
Guiding
Principles
| 12.1 |
Where otherwise entitled to do so,
a Member may practice with or through a business or corporate
name so long as the Member's name as registered with or
authorized by the Council accompanies each written use of the
business or corporate name and the Member's business card and
letterhead contains the Member's name as well as the business or
corporate name. However, the use of a business or corporate name
is restricted by section 25 of the Real Estate and Business
Brokers Act which is intended to prevent a Member from creating
the impression that the Member is practising with others when in
fact the Member is practising alone. |
| 12.2 |
A Member should not practise with
or through a business or corporate name that could be confusing
or misleading to the public. |
| 12.3 |
A Member should ensure that the
Member is introduced verbally to all participants to a
Transaction by the Member's name as registered with or
authorized by the Council at the earliest practical opportunity
upon meeting or first speaking with the participants. |
| 12.4 |
A Member should not use a term,
title, or designation implying that the Member is a specialist
or an expert in the profession or a term, title or designation
restricted by the Council, unless the Member satisfies the
criteria established by the Council for its use. |
Top of page
Rule
13 - Advertising
A Member shall ensure that all advertising and promotion by or on
behalf of the Member, including for Properties and services, is not
false, misleading or deceptive.
Guiding
Principles
| 13.1 |
A Member may communicate factual,
accurate and verifiable information that a reasonable Person
would consider relevant in the choice of a Member or in Buying
or Selling Property. |
| 13.2 |
A Member should not communicate
information that is false, misleading or deceptive, by the
inclusion or omission of any information. |
| 13.3 |
A Member should not use a Client's
name or likeness, or the address of a Client's Property, in any
advertising or promotional material, without the express written
consent of the Client. |
| 13.4 |
A Member should not advertise the
price or terms of an Agreement about a Property that was bought
or sold through the services of the Member without written
consent from the Member's Client. |
| 13.5 |
Sections 28 and 47 of the Real
Estate and Business Brokers Act also apply to advertising. |
Top of page
Rule
14 - Discrimination
A Member shall not, when acting in a professional capacity,
discriminate or participate in discrimination against any Person.
Guiding
Principles
| 14.1 |
A Member should be aware of the
rights and obligations of the Ontario Human Rights Code. |
Rule
15 - Obedience to Law
A Member shall practice in accordance with all federal, territorial
or provincial law or municipal by-law relevant to the Member's fitness
to practice.
Guiding
Principles
| 15.1 |
A Member should always obey the
law. However, the Council is most concerned about breaches of
the law that reflect on the Member's ability to be an ethical
and competent practitioner or which reflect upon the profession
as a whole. Some infractions, however, do not reflect on the
Member's ability to be a good practitioner and do not reflect on
the profession as a whole. For example, it would be rare that a
parking or speeding infraction would be relevant to a Member's
fitness to practice. However, laws pertaining to real estate are
usually relevant to a Member's fitness to practice. Similarly,
laws unrelated to real estate but that relate to integrity and
trust are generally relevant to a Member's fitness to practice
(eg., a fraud conviction would almost always be of significant
concern to the Council). |
| 15.2 |
A Member should practise in strict
accordance with the Real Estate and Business Brokers Act and its
regulations, the by-laws made by the Council and any terms or
conditions on the Member's registration. |
| 15.3 |
A Member should not knowingly, or
where he or she ought to have known, permit any property in the
Member's charge to be used for an unlawful purpose. |
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Rule
16 - Cooperation with the Council
A Member shall cooperate fully with any representative of the Council
carrying on the Council's regulatory functions and duties including
investigations and discipline. A Member shall give due consideration to
the Member's duty of confidentiality in a Member's responses to any such
representative of Council.
Guiding
Principles
| 16.1 |
A Member should cooperate with any
investigation by the Council of the Member's conduct or the
conduct of an another Member. Cooperation may include providing
access to and copies of all documents and answering all
questions relevant to the investigation unless prevented from
doing so by law. |
| 16.2 |
A Member should testify, when
requested to do so by a representative of the Council, at any
hearing involving another Member under the Real Estate and
Business Brokers Act. |
| 16.3 |
Where a Member has reasonable and
probable grounds to believe: (a) that another Member has
apparently breached the Code of Ethics or the Real Estate and
Business Brokers Act, its regulations or the by-laws of the
Council, and (b) that a Person will likely suffer serious damage
as a consequence of the apparent breach, the Member should
immediately report the apparent breach to the Council in writing
with the reporting Member's name, address and telephone number.
The report should be made bona fide without malice or ulterior
motive. |
| 16.4 |
A Member should not obstruct an
investigation, including by withholding or concealing documents
or information or attempting to influence the information or
evidence that a potential witness might provide. |
| 16.5 |
A Member should attend at a meeting
before the Council or a committee of the Council when requested
by a representative of the Council or the committee. |
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Rule
17 - Maintaining Current Knowledge
A Member shall remain informed regarding recent developments in real
estate, the essential facts which affect current market conditions and
present business practices in order to be in a position to advise the
Member's Clients and to assist Customers in a responsible and competent
manner.
Guiding
Principles
| 17.1 |
A Member should keep abreast of
developments in the law and government programs relevant to the
marketplace in which the Member operates. |
| 17.2 |
A Member should regularly
participate in continuing quality improvement activities,
including educational programs and courses, and quality
assurance activities offered or approved by the Council, in
order to improve the Member's ability to provide competent
service. |
| 17.3 |
A Member should be aware of
appropriate financing procedures, mortgage requirements and
similar matters in order to competently discuss financial
obligations in Transactions. |
| 17.4 |
A Member should be familiar with
the contents of forms commonly used in Transactions including
those specified by the Council. |
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Rule
18 - Evaluations and Comparative Market Analysis
A Member shall not give an opinion or advice about the value of
Property unless the Member has the knowledge, skill and training to do
so for that type of opinion or advice and for that type of Property and
the Member has done the necessary research.
Guiding
Principles
| 18.1 |
Where the Member does not have
sufficient expertise, the Member may obtain the assistance of
another Member who does have the knowledge, skill and training.
However, the first Member should then clearly explain to the
Member with expertise that the first Member is relying upon the
expertise of the other Member. |
| 18.2 |
Evaluations and comparative market
analyses are distinct from formal appraisals. A Member should
not perform a formal appraisal unless the Member has the
appropriate designation or certification. |
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Rule
19 - Competence
A Member shall render conscientious service with the knowledge,
skill, judgment and competence, in conformity with this Code of Ethics
and the standards, which are reasonably expected of Member's. When the
Member is unable to render such a service, either alone or with the aid
of another Member, the Member shall decline to act.
Guiding
Principles
| 19.1 |
A Member should provide timely
service to Clients and Customers and should respond
appropriately to all communications with any participant to a
Transaction. |
| 19.2 |
When giving advice or an opinion,
the Member should give Clients a competent opinion based on
knowledge of the relevant facts, an adequate consideration of
the applicable law, and the Member's own experience and
expertise. |
| 19.3 |
A Member should only delegate or
assign tasks to unregistered staff or assistants that are
appropriate for an unregistered Person to perform. |
| 19.4 |
A Member should not delegate or
assign tasks to unregistered staff or assistants that constitute
trading in Property including but not limited to being on site
at an open house, door to door or telephone solicitation,
showing Properties, or participating in an Offer or a listing
presentation. |
| 19.5 |
A Member should supervise the staff
or assistants to whom the Member delegates or assigns a task
sufficient to ensure that the task is performed appropriately.
The supervising Member should be responsible for all services
rendered and the Member should ensure that a registered Person
retains the direct relationship with the Client. The tasks
delegated or assigned to unregistered staff or assistants should
be done under the direct supervision of the Member. |
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Rule
20 - Broker Responsibility
A broker shall be responsible for the professional conduct and
professional actions of those Members registered with that broker.
Guiding
Principles
| 20.1 |
This Rule applies regardless of the
legal relationship between the broker and the Member registered
with that broker. |
Rule
21 - Record Keeping
A Member shall maintain reasonable records of the Member's
professional services including any records specified by the Council.
Guiding
Principles
| 21.1 |
A Member should comply with the
record keeping requirements made under the Real Estate and
Business Brokers Act, and where applicable, should use the
relevant forms specified by the Council. |
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Rule
22 - Members' Financial Responsibility
A Member shall be financially responsible in the Member's practice of
the profession.
Guiding
Principles
| 22.1 |
A Member has a professional
obligation to meet financial obligations in relation to the
Member's practice. |
Rule
23 - Unprofessional Conduct
A Member shall not engage in an act or omission relevant to the
practice of the profession that, having regard to all the circumstances,
would reasonably be regarded by Members or the public as disgraceful,
dishonourable or unprofessional.
Guiding
Principles
| 23.1 |
A Member should only act on the
authority of the Member's Client. Authority can be written,
verbal or implied. A Member should obtain written authority
whenever practical. |
| 23.2 |
A Member should not practice when
impaired, by alcohol, drugs or any other substance. |
| 23.3 |
A Member's conduct should be
professional with other Members or outside professional
advisers. |
| 23.4 |
A Member should not directly or
indirectly benefit from the practice of the profession while the
Member's registration is suspended, unless the Member first
adequately discloses the nature of the benefit to the Council
and obtains the prior written consent of the Council or a
Committee of the Council. |
| 23.5 |
A Member should not permit or
assist a Member whose registration has been suspended or revoked
or whose registration the Registrar has refused to renew from
directly or indirectly benefiting from the practice of the
profession. |
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Rule
24 - Conduct Unbecoming A Member
A Member shall not engage in conduct unbecoming a Member.
Guiding
Principles
| 24.1 |
Conduct unbecoming a Member refers
to conduct that occurs outside of the practice of the profession
but which brings the profession into disrepute or demonstrates
that the Member is not fit to be a Member of the profession. For
example, acts of dishonesty are unbecoming a Member even if the
conduct does not amount to a crime. |
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