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ch 32 real estate exam
ethics - articles 12 and 16
19
Real Estate & Planning
Professional
09/19/2023

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Term
article 12 true or false: REALTORS® must be honest in all communications, advertising, marketing, and other representations. Article 12 requires that REALTORS® make their status as real estate professionals readily apparent in advertising, marketing, and other representations.
Definition
true
Term
article 12 true or false: REALTORS® may not offer for sale/lease or advertise property without authority. Prices other than list price may be quoted only with permission of the seller.

When acting as listing brokers or as subagents, REALTORS® may not quote a price different from that agreed upon with the seller/landlord.

REALTORS® are prohibited from advertising real estate services or listed property in any medium (e.g., electronically, print, radio, television, etc.) without disclosing the name of that REALTOR'S® firm in an apparent manner. (Review Standards of Practice 12-4 and 12-5).
Definition
true
Term
article 12 true or false:
REALTORS® advertising unlisted property for sale or lease in which they have an ownership interest must disclose their status as both owners/landlords and as REALTORS® or real estate licensees (Standard of Practice 12-6)

Only REALTORS® who participated in the transaction as the listing broker or cooperating broker (selling broker) may claim to have “sold” the property. Prior to closing, a cooperating broker may post a “sold” sign only with the consent of the listing broker. (Standard of Practice 12-7)

REALTORS® must present accurate information on their websites and make reasonable effort to ensure that information on the website is current. REALTOR® firm websites must disclose the firm’s name and state(s) of licensure, and that information must be readily apparent.

Websites of REALTORS® and non-member licensees affiliated with a REALTOR® firm must disclose the firm’s name and the REALTOR'S® or non-member licensee’s state(s) of licensure. REALTORS® intending to share or sell consumer information gathered on the Internet must disclose that possibility in a reasonable and readily apparent manner. (Review Standards of Practice 12-8. 12-9 and 12-11).
Definition
true
Term
article 12 true or false: REALTORS® are obligated to present a true picture in their advertising and representations to the public. This includes the URLs and domain names they use. REALTORS® are prohibited from: engaging in deceptive or unauthorized framing of real estate brokerage websites or manipulating listing content (e.g., presenting content developed by others) in a way that is misleading or deceptive. Also prohibited is deceptively using *metatags, keywords or other methods to direct, drive, or divert Internet traffic, or to mislead consumers. REALTORS® must refrain from using or registering URLs or domain names that are misleading. REALTORS® are prohibited from presenting content developed by others without either attributing the content to the developer or without permission (Standards of Practice 12-10 and 12-12)
Definition
true
Term
article 12 true or false: REALTORS® must use and display only professional designations, certifications, and other credentials that they are legitimately entitled to use. (Standard of Practice 12-13)
Definition
true
Term
Under what conditions can a REALTOR® advertise that a service or item is free?
Definition
only if they clearly and conspicuously disclose by whom they are being, or expect to be, paid; the amount of the payment or anticipated payment; any conditions associated with the payment, offered product or service, and; any other terms relating to their compensation.
Term
What information must be disclosed in all forms of advertisement?
Definition
The name of that REALTOR® firm in an apparent manner.
Term
Which REALTORS® are allowed to lay a claim to a “sold” property?
Definition
Only the listing broker or cooperating broker (selling broker) who participated in the transaction.
Term
What is the term given to HTML codes that enable a search engine to identify the site as relevant to certain search words or phrases?
Definition
Metatags
Term
article 16 true or false: REALTORS® are prohibited from interfering with exclusive representation or exclusive brokerage relationship agreements of other REALTORS®.
Definition
true
Term
Article 16 recognizes two unethical types of solicitations:
Definition
telephone or personal solicitations of property owners who have been identified by a real estate sign, multiple listing, or other information service as having exclusively listed their property with another REALTOR®; and
mail or other written solicitations of prospects whose properties are exclusively listed with another REALTOR® when those solicitations are not part of a general mailing but are directed specifically to property owners identified through compilations of current listings, “for sale” or “for rent” signs, or other sources of information required by Article 3 and Multiple Listing Service rules.
Term
article 16 true or false:
Article 16 indicates that REALTORS® may contact another broker’s client for the purpose of offering to provide, or entering into a contract to provide, a different type of real estate service unrelated to the service currently being provided (e.g., property management as opposed to brokerage) or from offering the same type of service for another property not subject to other brokers’ exclusive agreements. Note, however, information received through a Multiple Listing Service may not be used to target clients of other REALTORS®.
Definition
true
Term
article 16 true or false: REALTORS® are prohibited from soliciting a current exclusive listing or exclusive buyer/tenant agreements of another broker. However, when asked by the REALTOR®, if the broker refuses to disclose the expiration date and nature of the agency agreement, the REALTOR® may contact the client to secure the information and may discuss the terms of a future agreement to become effective upon the expiration of the current agreement.

When REALTORS® are contacted by the client of another REALTOR® regarding the creation of an exclusive relationship to provide the same type of service, and REALTORS® have not directly or indirectly initiated the discussions, they may discuss the terms of a future agreement or, may enter into an agreement which becomes effective upon expiration of the existing exclusive agreement. REALTORS® are prohibited from directly or indirectly initiating the conversation or from encouraging the client to break an existing contract.
Definition
true
Term
article 16 true or false: Buyer or tenant representatives or brokers must disclose that relationship to the seller/landlord’s representative or broker, and disclose to sellers/landlords of unlisted property, at first contact and follow up with written confirmation no later than execution of a purchase agreement or lease.
REALTOR® must make any request for anticipated compensation from the seller/landlord at first contact.
Representatives or brokers of sellers/ landlords and subagents of listing brokers must disclose that relationship to buyers/tenants as soon as practicable and provide written confirmation no later than execution of any purchase or lease agreement.
Definition
true
Term
article 16 true or false: REALTORS® may compensate or offer to compensate only principal brokers in cooperative transactions (not licensees affiliated with the broker). Bonuses should also be offered to and paid only to the principal broker.
Definition
true
Term
Article 16 states that REALTORS® are prohibited from interfering with exclusive representation or exclusive brokerage relationship agreements of other REALTORS®. Do actions such as a general telephone canvass or general mailing violate this Article? Why or why not?
Definition
No. This would be considered as “general” marketing.
Term
If a REALTOR® is contacted by the client of another REALTOR® regarding the creation of an exclusive relationship to provide the same type of service, under what conditions can that REALTOR® discuss the terms of a future agreement?
Definition
They can discuss the terms of a future agreements as long as they do not directly or indirectly initiate the conversation or encourage the client to break an existing contract.
Term
When leaving a firm, under what conditions can a REALTOR® induce a client to cancel an exclusive agreement?
Definition
Never. When leaving a firm, REALTORS® are prohibited from inducing clients of their current firm to cancel exclusive agreements with the firm.
Term
What is the responsibility of a REALTOR® before entering into a representation agreement?
Definition
A REALTOR® has the obligation to make reasonable efforts to determine whether a prospect is subject to a current, valid exclusive agreement to provide the same type of real estate service.
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