Cracking the Code

"It is not only what we do, but also what we do not do, for which we are accountable."

Moliere

Have you ever tried to improve something? Put something together? Assemble an item? Did you remember to follow the directions? Frequently, the directions are more of an afterthought instead of the "how to" they're meant to be.

Unfortunately, failure is an important part of the road to success. But, if you're like me, one of your first lessons in failure occurred while attempting to assemble that store bought item you or someone in the family had to have. Probably, in the rush to put together the item, directions were NOT followed. (Who needs them - right?)

Real estate practice carries with it a professional responsibility. Our responsibilities are outlined in the Code of Ethics which serves as the "golden thread" binding us together as a profession. They are our "directions." In Betty Jasmund's estimation, they're more than that, they are a gift.

As the National Association of Realtors publication, Professionalism in Real Estate Practice specifies, the Code outlines our ethical obligations, based upon moral integrity and competent service to clients and customers, and dedication to the public interest and welfare. While the Code of Ethics provides an excellent set of rules or guidelines, what are they worth if they aren't followed, or Code violations not reported? Or, in some cases, for various reasons, not punished?

Ms. Jasmund, the Fredericksburg Area Assocation of Realtors, Professional Standards Co-Chairman (and one of the wisest Realtors I know), recently authored an article, Why Filing a Complaint Against an Agent is Good for Everyone's Business, on the value of the Code, in the Association's latest quarterly publication, FAAR Side. While the entire commentary was instructive, perhaps Ms. Jasmund's most significant words were:

"....in 1978 by William North, EVP and General Counsel of NAR, he stated that "the integrity of the Code and the value of its vision of the real estate industry depends utimately upon its use." So if we don't use it we diminish our ability to monitor our industry. By using the Code of Ethics we present a vision of our profession as it could be and should be."

The Code of Ethics has had a few changes since its origination in 1913, but its purpose has been the same; to provide clear and conspicuous guidance to Realtors about how their profession should be conducted. Its 17 Articles leave no doubt as to the Do's and Don'ts of how the profession should be practiced. But, if you were to ask a Realtor you met on the street to cite any one of the Articles, they probably couldn't. They might be able to tell you the intent of the Code (well, at least, I hope they could), which to them would probably mean "to act in the best interest of the client, and to act with integrity". But, other than that, who knows what they'd say.

That begs the question, "Should agents have better than a faint idea of what their operating guidelines are?" And, if so, how well should they know the Code? Well enough to know a Code violation if they witnessed one?

More importantly, as it relates to Ms. Jasmund's point, how can we use the Code more effectively to police our profession? In our efforts to improve real estate practice by improving pre-licensing requirements and establishing a mentoring program, shouldn't we begin by using the one valuable resource we already have, our Code of Ethics? It is our blanket of accountability. In Stephen Covey's words, "Accountability breeds response-ability." And that is exactly what we're looking for.

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