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There has been a slew of articles on various websites, including this one, about and from Realtors and about Realtors sexually harassing other Realtors. Writing about it is good but we can do even more.
Realtors are members of the National Association of Realtors and have agreed to adhere to the Code of Ethics. If you have ever read the Code of Ethics, it is clear that hate speech and harassment are in violation of the code.
Each article in the code has standards of practice. For example article 10 states:
“REALTORS shall not deny equal professional services to any person for reasons of race, color, religion, sex, disability, familial status, national origin, sexual orientation, or gender identity. REALTORS® shall not be parties to any plan or agreement to discriminate against a person or persons on the basis of race, color, religion, sex, disability, familial status, national origin, sexual orientation, or gender identity. (Amended 1/23)
REALTORS, in their real estate employment practices, shall not discriminate against any person or persons on the basis of race, color, religion, sex, disability, familial status, national origin, sexual orientation, or gender identity. (Amended)”
Under Article 10 there are five standards of practice.
Standard of Practice 5 is as follows:
“REALTORS must not use harassing speech, hate speech, epithets, or slurs based on race, color, religion, sex, disability, familial status, national origin, sexual orientation, or gender identity. (Adopted and effective November 13, 2020, Amended 1/23)”
All members of the National Association of Realtors must adhere to SoP 10-5. Yet sometimes they don’t and there is a system in place for handling that.
Anyone, member or non-member, can file an ethics complaint
If a member does something that is in violation of a standard of practice anyone, member or non-member, can file an ethics complaint. It is as if the writers of the code anticipated that the Code of Ethics might need enforcement from time to time.
The complaint forms are relatively easy to fill out. The complainant will be required to check the appropriate box for which part of the Code of Ethics was violated and write a short narrative about what happened. The complaint can include pictures or screenshots, contracts and other documents.
There are often several boxes checked on ethics complaints. The professional standards committee will eliminate those that are not a good fit and check an additional box if it is a better fit for the situation.
Complaints are filed with the state Association of Realtors that the subject of the complaint belongs to. There is a process and detailed procedures on how these complaints are to be handled.
As a member of the professional standards committee for Minnesota Realtors, I have been on panels for many hearings.
I have read a variety of complaints. Most of the complaints are from members. Some are from the clients of members or from non-members who believe they were treated unethically by a member. I have witnessed violations by members that hurt their clients.
The complaint process has procedures. Each side gets a chance to present their case before the panel, which consists of four of their peers.
Realtors who are found to be in violation of the Code of Ethics are sanctioned. They may be required to take some classes or pay a fine or both. They may receive a letter of reprimand. Fines and penalties increase for repeat offenders.
Members can have their membership terminated for three years.
NAR’s framework for enforcement all begins with a complaint
The National Association of Realtors provides a framework for enforcement and it all starts with a complaint. It cannot be enforced if no one files a complaint.
If you think a member of the National Association of Realtors has done something unethical as outlined in the Code of Ethics, please file a complaint. There is a process and it takes some time and effort, but it is free. There are deadlines for filing a complaint, generally within 180 days of the offense.
Members of the National Association of Realtors are required to take ethics training every three years and should be aware that they can file an ethics complaint against other members. Often people who are not members are not aware that they can file a complaint.
Start by contacting the state association in the state where the offense took place. If you have witnessed hate speech from a Realtor on social media, go ahead and grab a screenshot and file a complaint. Your complaint can make a difference.
As for my role on the professional standards committee, I have witnessed much, but I don’t get to write about it.
Teresa Boardman is a Realtor and broker-owner of Boardman Realty in St. Paul, Minnesota. She is also the founder of StPaulRealEstateBlog.com.
