Members phone me from time to time to tell me something that’s happened to them and to ask if I’d write about it. I get most of my best material from these calls. So, please keep them coming. 

On today’s menu we have reminders on three topics: disclosure forms and when to get them signed; brokerage name on sold advertising; and member behaviour when not wearing their REALTOR® hat and the consequences that could follow.

If the BC Financial Services Authority or your Professional Conduct Committee asked your clients if you had requested their consent to act (or not act) for them, would they be satisfied with the responses? Would buyers, sellers, and others remember the conversation? Or would their recollection be fuzzy? Would they say, “Huh, what do you mean?” Would they remember when the supporting disclosure form was presented for their signature or acknowledgment? Would they be able to put their hands on a copy of that form, if asked? 

Investigations put us under a microscope. Seemingly small lapses in the timing of delivering these documents, how we explained them, and whether we received informed consent are important in a hearing or in the court of public opinion. I don’t know about you, but who needs the grief? 

Consider reviewing these scripts to determine if they need to be updated, clarified, or made more emphatic. You can ask a colleague or your spouse/partner to help you with this. If there are gaps or a lack of clarity, they’ll let you know.

The common law of agency requires that we disclose information to clients. It shouldn’t be up to us to decide what’s important for the client to hear. The client should be the one to do that. 

This isn’t new. In years past, questions about whether a disclosure obligation was met by an agent were decided by the courts. Over the past few decades, regulators have created forms along with statutory obligations to deliver and get signed—forms that bolster common law disclosure requirements. Obvious examples of these are the Disclosure of Representation in Trading Services (DORTS) and allied forms. 

Others created with the same purpose by regulators and professional associations include those dealing with material latent defects; disclosure forms declaring our fees; forms that we’re licensees when buying or selling; and forms relating to the sending or receiving of referrals. 

We use many standard forms in our business, so we’re familiar with them. But we may forget them (and their purpose) as time passes. I know you know the content of these forms and their meaning, but can you say the same for all your clients? 

A longtime colleague recently phoned me to say that they’d been in competition with other members for a listing and had been successful in getting it. After the DORTS form had been presented the sellers said, “Huh, that’s interesting. The other two guys we had in here never showed us that form.” Now that’s something to think about. 

Here’s what your regulator, BCFSA, (and Council before it) says about the timing of disclosures: “You must present these types of forms at the earliest opportunity, and in any event, before the client makes a decision.”

Relevant standard: Rules of Cooperation, Rule 8.05 (Advertising by Cooperating Brokerage)

When you sell a colleague’s listing, you’re entitled to “advertise your involvement” in that sale with or without the consent of the seller’s brokerage. You’re also entitled to use the listing’s information fields, including its pictures. You must identify the name of the seller’s brokerage in your ad—don’t forget this last part or you’ll be hearing the ruffling of feathers.

Relevant standards: REALTOR® Code—Article 21 (Conduct Unbecoming) and Sec 35, Real Estate Services Act

Our private conduct has not always been the subject of regulator or professional association scrutiny unless the conduct involved criminality or was so offensive to the reputation of the profession that it couldn’t go unremarked. 

Those times are gone. Why this has happened is anyone’s guess. My theory is it is because people’s professional and personal lives have become intertwined on social media, leaving open the door to increased regulator and professional association oversight. 

I don’t think this is going away. Regulators, associations, and the court of public opinion are weighing in more and more on what we say and do when we’re off the clock. 

Why? Because professionals aren’t only expected to meet their professional obligations, they’re also expected to meet increasingly high standards of personal conduct. 

Your professional and personal life can, increasingly, be put on the table for review—if not by regulators, then certainly by those around you. Think about this when you write a post or act in a certain way. Both can lead to a personal and professional price to pay, not to mention the collective price we all pay when Realtor conduct, even if personal, doesn’t meet public expectations.