Many Realtors® who are concerned about a lack of ethics within their ranks believe that one of the causes is that there is not sufficient enforcement of the Code of Ethics to which all members are supposed to subscribe. Certainly one good explanation for a lack of enforcement is that very few complaints are filed.
A 2005 survey conducted by the California Association of Realtors® (CAR) revealed that almost 2/3 of the members had experienced unethical or unprofessional behavior by a counterpart during the past two years, but hardly anyone (only about 4 percent) bothered to file a complaint.
Why? There were a number of reasons, but one frequently cited was that the process was simply too cumbersome. Although consumers were not included in this particular survey, it is reasonable to think that if Realtors® -- who have been trained regarding professional standards procedures -- find the process difficult, consumers would be equally put off, if not more so.
Thus it is that the Professional Standards Committee of CAR has put forward various proposals to expedite the hearing process regarding ethics complaints. One of the suggestions, the Ethics Advocate program, was recently approved by the CAR board of directors to be put into place as a pilot program by selected Realtor® associations around the state.
Probably the closest analogy to the Ethics Advocate is the Public Defender. The primary difference is that Ethics Advocates will assist those who are complaining, as well as being available to those who need help with their defense.
Ethics Advocates will be specially trained members of the local Professional Standards Committee, appointed by the chair to form an Ethics Advocates subcommittee. They will receive special training from a CAR attorney and/or certified professional standards trainers. They will serve a one-year term, during which they would not participate as a panelist in any professional standards hearings.
When a person initiates a complaint, he or she will be asked if they would like the assistance of an Ethics Advocate. If so, an appointed Ethics Advocate will be available to help that person draft the complaint. This is no small matter. Under the process, a complaint must be filed as constituting a violation of some particular article of the Code of Ethics. Now most people -- even most Realtors® -- are not closely familiar with the 17 Articles and 73 derivative Standards of Practice that constitute the Code. Locating exactly which one(s) may apply to a specific bit of behavior is not always a straightforward task.
Not only will the Ethics Advocate be available to help in drafting the complaint, he or she will be available to see the complainant through the process, including, if desired, representing that person at the hearing. As it stands, complainants and defendants may now have representation if they wish, so this is nothing radically new.
No doubt there will be some wrinkles to be worked out. Some have already expressed concern that a non-prevailing party who had used an Ethics Advocate may be inclined to blame the loss on the advocate’s advice or performance. Others have simply wondered if it will be possible to find enough volunteers to fill the spots. But, after all, it is a pilot program. And it certainly seems a step in a right direction.
