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Code of Ethics Quiz 2

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TAKE QUIZ #3

Q1

When must you execute and provide CCAR an SELM?

A1

MULTIPLE CHOICE: B | Whenever the listing will not be input into the MLS within 3 days… (MLS Rule 7.5: Mandatory Submission)

Q2

Clear Cooperation policy requires you to input your listing ___________ once you have marketed it outside your brokerage in any manner. 

A2

FILL-IN-BLANK: Within 1 business day | MLS Rule 7.5: Mandatory Submission

Q3

Do you have to install a Supra lockbox on every property listing?

A3

YES/NO: No. | MLS Rule 13.2.2: Lockbox Requirements

Q4

How many days do you have to update property status to “Pending” or “Sold”?

A4

MULTIPLE CHOICE: A | 1 day (MLS Rule 10.2: Reporting of Sales)

Q5

REALTOR® Gordie places his seller-client’s home on the MLS with a note that it is “Coming Soon” and not yet available for showings. Gordie first wants to direct-market the house to several clients, friends and family members who have expressed interest in it. REALTOR® Frances, from another brokerage, notices the listing and contacts Gordie to ask if she can show the home to a client today. Gordie should…

A5

MULTIPLE CHOICE: B | Discuss the situation with his client to determine if the property should become available for showings (MLS Rule 7.5: Mandatory Submission).

* QUIZ  RULES  |   Members providing complete and accurate answers to each quiz will be entered into weekly prize drawings to win free eKey fees for one (1) year (~$200 value); maximum one (1) winner per week. Weekly prize winners will be announced every Tuesday from Sep 08-29. Members who complete all four (4) quizzes (whether answers are accurate or not) will be entered into the grand prize drawing to win a refund for annual CCAR MLS fees (~$539 value); grand prize winner will be announced Tuesday, September 29, 2020. The Office Championship prize will be awarded to the firm/brokerage that records the highest level of participation in all four weekly quizzes; individual prizes for each team participant; total not to exceed $1,000. Refunds will be awarded in the form of gift cards.

RESOURCES:

> NAR CODE OF ETHICS

> NAR CODE OF ETHICS VIDEOS

> MLS RULES & REGULATIONS

Code of Ethics Quiz 1

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QUIZ Q/A #1

TAKE QUIZ # 2

Q1

YES/NO  |  Is an agent required to obtain the seller’s approval to disclose the existence of offers?

A1

YES |  ARTICLE 1.1-5: The agent is required to obtain the seller’s approval to disclose the existence of offers. “In response to inquiries from buyers or cooperating brokers shall, with the sellers’ approval, disclose the existence of offers on the property. where disclosure is authorized, REALTORS shall also disclose, if asked, whether offers were obtained by the listing licensee, another licensee in the listing firm, or by a cooperating broker…”

Q2

YES/NO  |  Can an agent disclose the existence of an accepted offer without approval from the seller?

A2

YES | ARTICLE 1.3-6: “REALTORS shall disclose the existence of accepted offers, including offers with unresolved contingencies, to any broker seeking cooperation.” 

Q3

TRUE/FALSE  |  Upon the written request of a cooperating broker who submits an offer to the listing broker, the listing broker shall provide a written affirmation to the cooperating broker as soon as practical.

A3

TRUE  |  ARTICLE 1.1-7: “When acting as listing brokers, REALTORS shall continue to submit to the seller/landlord all offers and counter-offers until closing or execution of a lease unless the seller/landlord has waived this obligation in writing.”

“Upon the written request of a cooperating broker who submits an offer to the listing broker, the listing broker shall provide, as soon as practical, a written affirmation to the cooperating broker stating that the offer has been submitted to the seller/landlord, or a written notification that the seller/landlord has waived the obligation to have the offer presented…”

Q4

TRUE/FALSE  |  A copy of each signed agreement and document should be provided to the signer client as soon as practical.

A4

FALSE  |  ARTICLE 9: “…a copy of each agreement shall be furnished to each party to such a agreement upon the signing or initialing…”

Q5

MULTI-CHOICE  |  Listing REALTOR Jennifer has an existing listing agreement with seller Keisha. Under which of the following circumstances may REALTOR Lance approach Keisha to represent her in the sale of her home?

A5

D  |  Lance cannot determine from the MLS whether Keisha’s home is exclusively listed.

* QUIZ  RULES  |  Members providing complete and accurate answers to each quiz will be entered into weekly prize drawings to win free eKey fees for one (1) year (~$200 value); maximum one (1) winner per week. Weekly prize winners will be announced every Tuesday from Sep 08-29. Members who complete all four (4) quizzes (whether answers are accurate or not) will be entered into the grand prize drawing to win a refund for annual CCAR MLS fees (~$539 value); grand prize winner will be announced Tuesday, September 29, 2020. The Office Championship prize will be awarded to the firm/brokerage that records the highest level of participation in all four weekly quizzes; individual prizes for each team participant; total not to exceed $1,000. Refunds will be awarded in the form of gift cards.

RESOURCES:

> NAR CODE OF ETHICS

> MLS RULES & REGULATIONS

Consequences

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Gavel on Block with Money

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know the consequences!

Disciplinary consequences resulting from ethics violations vary in scope depending on the seriousness of offense which can include suspension or termination of membership rights and privileges. CCAR provides members with the education and resources they need to avoid disciplinary action and conduct business with integrity and professionalism.

disciplinary guidelines & practices

Discipline is designed to achieve several goals. First and foremost, it serves as a deterrent for future violations. It is also a binding, mechanism to promote education and awareness about the meaning and significance of the NAR REALTOR® Code of Ethics.

Disciplinary action against CCAR and MLS members is based on guidelines proscribed in the C.A.R. Ethics and Arbitration Manual, it is cumulative, and may consist of one or more of the following:

–  Letter of warning

–  Letter of reprimand

–  Cease and desist order

–  Suspension of membership

–  Expulsion of membership

–  Fines up to $15,000

–  Required training

your pledge to realtors® + public

By signing a CCAR membership and/or MLS application form, applicants are signing a contract that requires strict adherence to the NAR Code of Ethics, the rules and bylaws of the Contra Costa Association of REALTORS® and/or CCAR Multiple Listing Service.

If found in violation of any ethical standards, rules and regulations members are subject to discipline, which can result in suspension or termination of membership rights and privileges. Ethics violations and MLS violations are all subject to discipline and enforcement by CCAR.

our pledge to you

CCAR’s highest obligation is to educate members about the rules and regulations governing their profession and to protect the due process rights of all parties involved in disputes. These include the right to a full and fair hearing before an impartial tribunal with knowledge of and an opportunity to defend against those charges.

violations published

Using information contained in a statewide database, C.A.R. publishes all ethics violations that result in reprimand, probation, suspension or expulsion or fine. Publication includes name, photo, discipline imposed and facts of a case.

| CODE OF ETHICS VIOLATORS |

CONTACT:

CCAR Professional Standards 

(925) 295-9220

[email protected]

roles and responsibilities

The CCAR Grievance Committee is responsible for reviewing complaints and determining whether a Professional Standards hearing should be conducted or whether the complaint should be dismissed as insufficient. The Grievance Committee does not decide the ultimate issue of guilt or innocence.

The Professional Standards Committee is a group of specially trained member volunteers who act as panel members for individual hearings. Individual panels consist of four Committee members (a Presiding Officer and three panel members) who are selected on a case-by-case basis and subject to review by all parties. Other restrictions are applied.

Top Three Ethics Violations

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Ethics Advocates Your Most Valuable Resource in a Dispute

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Advocate

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ethics advocates your most valuable resource in a dispute

An Ethics Advocate (EA) is a no-cost resource available upon request, supporting complainants and respondents involved in disciplinary proceedings.

Ethics Advocates, who are trained Professional Standards volunteers, assist parties throughout the process. They help with concise form preparation, gathering evidence, and can provide support during hearings if requested.

While EAs are not attorneys and cannot practice law, they aid parties in presenting their case effectively, including completing Complaint and Response Forms and identifying relevant evidence. EAs do not act as witnesses during hearings. Although individuals must attend hearings themselves, an EA offers valuable assistance before, during, and after the hearing. It’s important to note that using an EA does not preclude parties from retaining their own legal representation if desired.

Both Complainants (if you filed the disciplinary complaint) and Respondents (if you’ve been named in an alleged ethics complaint) are entitled to the services of an Ethics Advocate.

CONTACT:

CCAR Professional Standards 
925.295.9220
[email protected]

C.A.R. OmbudsmEn

C.A.R. Ombudsmen are also available to answer non-legal questions and assist members in resolving non-legal issues. For more information, visit: www.car.org/helplines/ombudsman

Disciplinary vs. Arbitration Process

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Lady Justice Statue

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DISCIPLINARY & ARBITRATION complaints -
what's the difference?

Consumers and REALTORS may file two types of complaints with CCAR depending on the nature of the complaint. Disciplinary complaints are non-monetary and arbitration complaints involve monetary contractual/financial-related issues.

disciplinary complaints

CONSUMERS vs. REALTORS &:

REALTORS vs. REALTORS:

Disciplinary (non-monetary) complaints of unethical conduct refer to alleged violations of the National Association of REALTORS Code of Ethics, CCAR MLS Rules & Regulations and other membership duties set forth in the CCAR Bylaws. These complaints are reviewed by CCAR Professional Standards Committee and may result in disciplinary action against a member.

anonymous complaints

Anonymous disciplinary complaints may also be filed with CCAR. Special instructions apply. 

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Professional Standards

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arbitration complaints

CONSUMERS vs. REALTORS &

REALTORS vs. REALTORS:

Arbitration (monetary) complaints refer to contractual issues and questions including entitlement to commissions and compensation in cooperative transactions that arise out of business relationships between REALTORS and REALTORS and REALTORS and their clients.

Arbitration complaints are subject to mediation services prior to formal arbitration proceedings.

support

CCAR Ethics Advocates provide members with assistance with the complaint filing process and representation throughout ethics hearings: [email protected]

C.A.R. Ombudsmen are REALTOR volunteers who are available to answer non-legal questions and assist in resolving non-legal issues: www.car.org/helplines/ombudsman.

180 days to file complaint

Complaints must be filed within 180 days from the time a complainant knows/reasonably should have known that unethical conduct occurred. After filing a formal ethics complaint, complainants can expect CCAR to follow standard processing procedures established by the California Association of REALTORS.

complaint forms

FILING instructions

code of ethics

mls rules & regulations

ccar bylaws

c.a.r. ethics & arbitration manual

CONTACT:

CCAR Professional Standards 

(925) 295-9220

[email protected]