CREA’s
Code of Ethics and Standards of Business
Practice has been the measure of professionalism
in organized real estate for over 40 years.
The first code was approved in 1913 at
the convention of the National Association
of Real Estate Boards held in Winnipeg.
The first Code of Ethics specifically
prepared for members of The Canadian Real
Estate Association was approved by members
in 1959.
The Code establishes a standard of conduct,
which in many respects exceeds basic legal
requirements. This standard ensures that
that the rights and interests of consumers
of real estate services are protected.
As a condition of membership, all Realtors
agree to abide by the Code.
Some of
the requirements of the Code include:
Realtors must disclose in writing whom
they are representing as an agent in the
transaction. Parties to a transaction
must be told what their agency relationship
is to the Realtor.
Definitions, terminology and presumed
agency relationships vary from province
to province. Most jurisdictions have their
own forms for complying with disclosure
requirements, which have been drafted
to accommodate agency relationships as
they exist in your province or territory.
All financial arrangements between Realtors
and others (e.g. referral fees, compensation
from more than one party, rebates or profits
on expenditures) must be fully disclosed
to clients;
Realtors cannot acquire an interest in
property (either directly or indirectly)
without disclosing the fact that they
are real estate professionals;
Realtors cannot use the terms of an agreement
of purchase and sale to negotiate commission.
While the Code of Ethics establishes obligations
that may be higher than those mandated
by law, in any instance where the Code
of Ethics and the law conflict, the obligations
of the law must take precedence.
A Realtor’s ethical obligations
are based on moral integrity, competent
service to clients and customers, and
dedication to the interest and welfare
of the public. The Code has been amended
many times to reflect changes in the real
estate marketplace, the needs of property
owners and the perceptions and values
of society. For more than forty years,
through a variety of updates, the CREA
Code of Ethics is unchanged in demanding
high standards of professional conduct
to protect the interests of clients and
customers and safeguard the rights of
consumers of real estate services.
The
CREA Code of Ethics
Under all is the land. Upon its wise utilization
and widely allocated ownership depend
the survival and growth of free institutions
and of our civilization.
Through the Realtor, the land resource
of the nation reaches its highest use
and private land ownership its widest
distribution. The Realtor is instrumental
in moulding the form of his or her community
and the living and working conditions
of its people.
Such functions impose grave social responsibilities
which Realtors can meet only by diligent
preparation, and considering it a civic
duty to dedicate themselves to the fulfillment
of a Realtor's obligations to society.
The Realtor therefore must be zealous
to maintain, and continually strive to
improve, the professional standards of
his or her calling:
By keeping informed as to developments
and trends in real estate, by endeavouring
to protect the public against fraud, misrepresentation
or unethical practice in connection with
real estate transactions, by rendering
services and opinions based only on the
Realtor's knowledge, training, qualifications
and experience in real estate, by seeking
no unfair advantage over, nor injuring
directly or indirectly, the reputation
of, nor publicly disparaging the business
practice of other Realtors, and by being
loyal to the Realtor's Real Estate Board
and Provincial/Territorial Association
and active in their work.
In the interpretation of his or her obligations,
the Realtor can take no safer guide than
that which has been embodied in the Golden
Rule - "Do unto others as you would
have them do unto you".
No inducement of profit and no instructions
from clients or customers can ever justify
departure from the ideals of fair dealing
and high integrity resulting from adherence
to a lofty standard of moral conduct in
business relations.
Accepting this standard
as his or her own, each Realtor pledges
to observe the spirit of the Code in all
dealings and to conduct business in accordance
with the Standards of Business Practice
as adopted by The Canadian Real Estate
Association.