You may remember the childhood taunt, “Sticks and stones may break my bones, but words can never hurt me.” It’s a retort mums and dads, in times gone by, used to comfort their children when they came home from school crying after a classmate had said something unkind about them (often accompanied by “na, na-na, na na”).   

My dad wasn’t onboard with that. He’d just tell me to punch their lights out. And I would have, if I hadn’t been so very small; everyone was so much bigger. I had to suck it up while figuratively punching their lights out. 

Recently, I was thinking about the saying as I droned on about ethics to a group of slumbering members. One of my slides shows a news article describing the $250,000 damages awarded to an estranged lover, whose ex said some really nasty things about them on social media, a place where some believe the rules are different. Spoiler alert: They’re not. 

We all say things we shouldn’t—perhaps now more than ever. Or at least we think them. That COVID mask comes in handy sometimes. I find myself muttering all sorts of things that would cause a kerfuffle if I could be heard from behind my mask. (A friend of mine has taken to sticking their tongue out at people from behind their mask—a delicious thought to yours truly.) “Inappropriate” thoughts arrive unbidden in our minds. And, if the mood and situation are right, out they may come.

Back to our estranged spouse with the big damages bill. Imagine if that had been you, and the estranged spouse had been a client or colleague.  

Did you know that your errors and omissions (E&O) insurance excludes these types of claims?  You’d be defending yourself with your own nickel with the added bonus of no one picking up the tab if you were found liable. (Check out your policy and its exclusions.)  

The legal system isn’t the only place we can bear the consequences of something we’ve said. BCFSA has general “good conduct” standards that may apply to the spoken or written word. I think most of us would prefer to stay out of its clutches, don’t you?  

Your Professional Conduct Committee also has potent tools at its disposal should another member say you’ve discredited them (or their brokerage). Check out REALTOR® Code of Ethics, Article 19 – Discrediting another Registrant and Rules of Cooperation, Rule 6.08 b), below. 

The Professional Conduct Committee has complete discretion to decide whether your words have breached these standards. And it doesn’t distinguish between words said in the newspaper or through a megaphone or on social media (even in a so-called closed group).  

Now, more than ever, it’s easy to take a screen shot of your post. Or to record what you’ve said. So, while sticks and stone may still break our bones, our words do have consequences that can be just as painful.  

Brokers, I’m available (with notice) to attend your brokerage sales meetings. If you’re interested in in hearing from this old war horse, email kspencer@rebgv.org or phone me at 604-730-3071.