CODE OF ETHICS

REALTORS® are required to complete ethics training of not less than 2 hours, 30 minutes of instructional time within three-year cycles. For new members, Code of Ethics training must be completed in the first 4 months of membership. The training must meet specific learning objectives and criteria established by the National Association of REALTORS®.

The Code of Ethics and Arbitration Manual as amended by the NAR Board of Directors at the 2004 Midyear meeting, defines “suspension”, in relevant part, as suspension of all Board/Association-provided membership rights, privileges and services (including those provided by the State and National Association) not available to nonmembers for a period of not less than thirty (30) days and not longer than one year, on terms and conditions expressly stated for an established period of time, including use of the terms REALTOR® and REALTOR-ASSOCIATE® with automatic reinstatement of all withdrawn membership rights, privileges and services at the end of the period of suspension. The thirty (30) day minimum and one year maximum do not apply where suspension is imposed for a remediable violation of a membership duty (e.g. failure to pay dues or failure to complete educational requirements).

The provisions go on to discuss the fact that membership – including the duties to abide by the Code of Ethics and to pay association dues – continues during the term of suspension.

What this means for a REALTOR® who is suspended for not meeting the REALTORS® Ethics Training Requirement is that all the rights, privileges and services she is entitled to receive because she is a REALTOR® are suspended until she satisfies the training requirement. If she meets the requirement the next day, then her rights, privileges and services are restored the next day. While suspended, though, her obligation to abide by the Code of Ethics continues, as does the obligation to pay dues.

To read the Code of Ethics click here

TAKE CODE OF ETHICS ONLINE

NAR: CLICK HERE

GAMLS: CLICK HERE   Log-in, Click on “Real Estate Continuing Education,” then go to “Online Education” tab, and find “Ethics in Real Estate – NAR Code of Ethics.”

For more information about the Code of Ethics and Professional Standards please visit: https://www.garealtor.com/law-ethics/code-of-ethics/

Ethics Complaint

Boards and Associations of Realtors® are responsible for enforcing the Realtors® Code of Ethics. The Code of Ethics imposes duties above and in addition to those imposed by law or regulation which apply only to real estate professionals who choose to become Realtors®. Many difficulties between real estate professionals (whether Realtors® or not) result from misunderstanding, miscommunication, or lack of adequate communication. If you have a problem with a real estate professional, you may want to speak with them or with a principal broker in the firm. Open, constructive discussion often resolves questions or differences, eliminating the need for further action. If, after taking these steps, you still feel you have a grievance, you may want to consider filing an ethics complaint. You will want to keep in mind that . . .

  • Only Realtors® and Realtor-Associates® are subject to the Code of Ethics of the National Association of Realtors®.
  • If the real estate professional (or their broker) you are dealing with is not a Realtor®, your only recourse may be the state real estate licensing authority or the courts.
  • Boards and Associations of Realtors® determine whether the Code of Ethics has been violated, not whether the law or real estate regulations have been broken. Those decisions can only be made by the licensing authorities or the courts.
  • Boards of Realtors® can discipline Realtors® for violating the Code of Ethics. Typical forms of discipline include attendance at courses and seminars designed to increase Realtors®’ understanding of the ethical duties or other responsibilities of real estate professionals. Realtors® may also be reprimanded, fined, or their membership can be suspended or terminated for serious or repeated violations. Boards and Associations of Realtors® cannot require Realtors® to pay money to parties filing ethics complaints; cannot award “punitive damages” for violations of the Code of Ethics; and cannot suspend or revoke a real estate professional’s license.
  • The primary emphasis of discipline for ethical lapses is educational; to create a heightened awareness of and appreciation for the duties the Code imposes. At the same time, more severe forms of discipline, including fines and suspension and termination of membership may be imposed for serious or repeated violations.

Please click on the link to access the Ethics Complaint Process: http://www.garealtor.com/LawEthics/StatewideProfessionalStandards/StepsforFilinganEthicsComplaint/tabid/259/Default.aspx 

Please contact Christina Chow at 678-597-4128 or cchow@garealtor.com if you have any questions or to confirm that the Real Estate Professional you have a complaint against is a REALTOR® member that the Georgia Association of REALTORS® has jurisdiction over.  If you believe a REALTOR has violated the code or the law; there are various ways you can attempt to resolve the complaint. The Georgia Association of REALTORS is responsible for enforcing the Code of Ethics for TCBOR as part of the Statewide Professional Standards Cooperative Agreement, which services 47 of the 54 Boards in the state. The Georgia Real Estate Commission is responsible for enforcing license law, not the local or state association.

Arbitration Requests

Arbitration, a form of alternative dispute resolution (ADR), is a legal technique for the resolution of disputes outside the courts. The parties to a dispute refer it to one or more persons (the “arbitrators”, “arbiters,” or “arbitral tribunal”), whose decision (the “award”) they agree to be bound. It is a settlement technique in which a third party reviews the case and imposes a decision that is legally binding for both sides. A Request for Arbitration must be filed: 1) after the real estate transaction giving rise to the dispute has been completed; 2) within six months after the facts constituting the Arbitration matter could have been known in the exercise of reasonable diligence; 3) by the broker of a real estate agency.

Mediation vs. Arbitration

Watch NAR’s one-minute video, which provides a brief summary of the benefits of mediation. http://www.realtor.org/videos/mediation-demonstration/benefits-of-mediation-overview

Please click on the link to access the Filing of an Arbitration Request: http://www.garealtor.com/LawEthics/StatewideProfessionalStandards/StepsforFilinganArbitrationRequest/tabid/262/Default.aspx

To find out more about the Ethics and Arbitration process from the National Association of REALTORS®, please click NAR Professional Standards.

Please contact Christina Chow at 678-597-4128 or cchow@garealtor.com if you have any questions about the Ethics and/or Arbitration process.

Georgia Association Professional Standards – http://www.garealtor.com/LawEthics/StatewideProfessionalStandards/tabid/258/Default.aspx

Ethics Complaints, Arbitration Requests and Related Information from National Association –http://www.realtor.org/code-of-ethics/ethics-complaints-arbitration-requests-and-related-information