The Code of Ethics: A Constant Work in Progress
We all know that REALTORS® hold themselves to a higher ethical standard to be the best representative of both their clients and their profession. Commitment to the REALTOR® Code of Ethics is a key example of the value of a REALTOR®. However, this commitment can be tested, especially when it comes to the two sections of the Code of Ethics that annually receive the most complaints:
- Article 1, Standard of Practice 1-16: When acting as a listing broker or property manager, REALTORS® shall not access or use, or permit or enable others to access or use property on terms or conditions other than those established by the owner or seller. (Adopted 1/12, Amended and effective June 5, 2025)
- Article 3, Standard of Practice 3-9: When acting as a cooperating broker, or in a capacity other than as a listing broker or property manager, REALTORS® shall not access or use, or permit or enable others to access or use, property on terms or conditions other than those established by the owner or the seller. (Adopted 1/10, Amended 1/23, Amended and effective June 5, 2025)
Ah, yes, good ol’ unauthorized access. Just when you think you have heard all the possible scenarios, another one pops up. The following are some of the most frequent unauthorized access complaints:
- Entering a property without a confirmed appointment or outside the time of a confirmed appointment. (This includes vacant properties!)
- Scheduling a showing appointment in the name of one REALTOR® but having a team member or another agent in the REALTOR®’s brokerage conduct the showing.
- Allowing clients or service providers to access a property unaccompanied.
So, how do REALTORS® avoid finding themselves in the crosshairs of an unauthorized access complaint? Establishing best practices and following those practices consistently establishes a good foundation for Code of Ethics compliance. The following are a few best practices that may help you avoid an unauthorized access complaint:
- Confirm, confirm, confirm – preferably in writing (text or email).
- Schedule appointments for the REALTOR® who will access the property. If that person changes, permission must be obtained from the listing agent and confirmation received – preferably in writing (text or email) – before anyone enters the property.
- Stick to confirmed appointment times. If access may be made outside of a confirmed time, permission must be obtained from the listing agent and confirmation received – preferably in writing (text or email) – before anyone enters the property.
- Don’t assume the rules are different for vacant properties. Just because a property is vacant does not mean any less professionalism is required.
Of course, the ultimate best practice is to COMMUNICATE with fellow REALTORS® and with your clients. Setting expectations and keeping all in the loop can go a long way to keeping you from being on the receiving end of an ethics complaint.
About the writer: Mindie Nesch is the Director of Ethics and Professional Standards for Illinois REALTORS®
