I was tempted to write the usual New Year column citing all the things we could resolve to do (or not do), in 2023. But I’ll spare you. You’ve probably already done that or have decided not to. I mean, why leave it until a new year to make resolutions? This, I tell myself, should be ongoing. Like washing your face and brushing your teeth. Why not round-file resolutions made only at the beginning of the year and, instead, resolve to monitor your thoughts and weight all through the year?

This year will bring us a white paper on professionalism that will detail what we can do to improve our profession and how it’s perceived. An integral part is considering the balance of acting in the best interests of our clients with the best interests of the public. Compared to other professions, we’ve not spent much time considering this.  

On one side of the balance sheet, I doubt there are many of us who don’t understand the importance of following client instructions, acting in their best interest, giving the best advice we can and advocating for them when dealing with others in a real estate transaction. I think we’re pretty good at this except for the odd occasion when human failings intervene.

But I think we’re less good at is considering our duty as professionals to act in the public interest. We need to keep the public interest in mind not only because it’s what professionals are expected to do, but also because doing so is strongly connected to our public reputation. This, my friends, is something very important to all of us. When those outside our profession believe we’re acting in the public interest as well for the benefit of our clients, we’re in a much better place. Why? First, we’ll like the view better when we look in the mirror, and second, we’ll find that what we say will be heeded more by governments, regulators and the media. This indeed will be positive.

How do we get to this happy place? How do we balance client and public interest? Is there a line between these and, if so, where is it?

The answers, in order: 1) It’s going to take some time and a change to the way we think; 2)Very carefully; 3) There is a line, but there will be a lot of opinions about where it is.

The business and social climate in which we work is much different than it once was. It’s no longer sufficient for someone to say (if they want a measure of public respect and trust), “I didn’t break the law” or, “That’s what my client told me to do; I am not responsible for the fallout.”

You often hear this kind of response when someone is in the spotlight; for example, when a politician excuses their conduct by saying they didn’t technically cross an ethical line when what they have done looks bad in the public square. No one wins this type of argument in the court of public opinion. As agents, taking this kind of stance can put us in an uncomfortable position; namely, “That’s a lawful instruction, but if I follow it, both I and the profession are going to look bad.”

The best advice I can give you at the start of this new year is to carefully consider client instructions. Those are the trees. Consider them against the backdrop of public discourse and our collective reputation. That’s the forest. Sometimes, you may have to say no to a client. While doing so could be difficult and potentially costly, it’s a price we all must be willing to pay if we want to improve our professional reputation.

I wish you the very best in 2023.

I suggest you check your email inbox for BCREA’s January 3 message, “2023 Standard Forms Launch and Home Buyer Rescission Period Now Live!” BCREA’s Launch Package is full of great information about the changes made to the suite of standard forms you use to bring together buyers and sellers, lessors and lessees, and landlords and tenants. Set aside a good chunk of time to review the Launch Package as it’s 316 pages long. But don’t let that deter you. A cup of strong coffee nearby will help.

The Standard Forms Committee is one of BCREA’s signature services to all BC REALTORS®. The committee comprises industry practitioners from the various practice areas, managing brokers, real estate board staffers, and regulators. And, it has the benefit of legal advice from a partner at a long-established Vancouver law firm. The content of the forms is as up-to-date as possible and is informed by recent court decisions, regulator and government requirements, and expected industry professional standards. While this may sound like a commercial for the committee—and maybe it is—I can’t emphasize enough that every member should review BCREA’s message and click on all its links or, better yet, visit BCREA’s website/Standard Forms Committee content as early as possible this year.

Please note that REALTOR® Code Articles 1 and 12 require us to know what we’re talking about. Not knowing about the myriad changes headed our way is a problem. But you can rectify this, in part, by reading BCREA’s very good BCREA’s Standard Forms Launch Package.