Code of Ethics
CREA’s Code of Ethics and Standards of Business
Practice has been the measure of professionalism in organized real
estate for over 40 years. The first code was approved in 1913 at
the convention of the National Association of Real Estate Boards
held in Winnipeg. The first Code of Ethics specifically prepared
for members of The Canadian Real Estate Association was approved
by members in 1959.
The Code establishes a standard of conduct, which
in many respects exceeds basic legal requirements. This standard
ensures that that the rights and interests of consumers of real
estate services are protected. As a condition of membership,
all REALTORS agree to abide by the Code.
Some
of the requirements of the Code include:
- REALTORS must disclose in writing whom they are representing
as an agent in the transaction. Parties to a transaction must
be told what their agency relationship is to the REALTOR.
- Definitions, terminology and presumed agency relationships vary
from province to province. Most jurisdictions have their own forms
for complying with disclosure requirements, which have been drafted
to accommodate agency relationships as they exist in your province
or territory.
- All financial arrangements between REALTORS and others (e.g.
referral fees, compensation from more than one party, rebates
or profits on expenditures) must be fully disclosed to clients;
- REALTORS cannot acquire an interest in property (either directly
or indirectly) without disclosing the fact that they are real
estate professionals;
- REALTORS cannot use the terms of an agreement of purchase and
sale to negotiate commission.
While the Code of Ethics establishes obligations
that may be higher than those mandated by law, in any instance where
the Code of Ethics and the law conflict, the obligations of the
law must take precedence.
A REALTOR’s ethical obligations are based on
moral integrity, competent service to clients and customers, and
dedication to the interest and welfare of the public. The Code has
been amended many times to reflect changes in the real estate marketplace,
the needs of property owners and the perceptions and values of society.
For more than forty years, through a variety of updates, the CREA
Code of Ethics is unchanged in demanding high standards of professional
conduct to protect the interests of clients and customers and safeguard
the rights of consumers of real estate services.
The CREA Code
of Ethics
Under all is the land. Upon its wise utilization
and widely allocated ownership depend the survival and growth of
free institutions and of our civilization.
Through the REALTOR, the land resource of the nation
reaches its highest use and private land ownership its widest distribution.
The REALTOR is instrumental in moulding the form of his or her community
and the living and working conditions of its people.
Such functions impose grave social responsibilities
which REALTORS can meet only by diligent preparation, and considering
it a civic duty to dedicate themselves to the fulfilment of a REALTOR's
obligations to society.
The REALTOR therefore must be zealous to maintain,
and continually strive to improve, the professional standards of
his or her calling:
- by keeping informed as to developments and trends in real estate,
- by endeavouring to protect the public against fraud, misrepresentation
or unethical practice in connection with real estate transactions,
- by rendering services and opinions based only on the REALTOR's
knowledge, training, qualifications and experience in real estate,
- by seeking no unfair advantage over, nor injuring directly or
indirectly, the reputation of, nor publicly disparaging the business
practice of other REALTORS, and
- by being loyal to the REALTOR's Real Estate Board and Provincial/Territorial
Association and
- ctive in their work.
In the interpretation of his or her obligations, the REALTOR can
take no safer guide than that which has been embodied in the Golden
Rule - "Do unto others as you would have them do unto you".
No inducement of profit and no instructions from
clients or customers can ever justify departure from the ideals
of fair dealing and high integrity resulting from adherence to a
lofty standard of moral conduct in business relations.
Accepting this standard as his or her own, each REALTOR
pledges to observe the spirit of the Code in all dealings and to
conduct business in accordance with the Standards of Business Practice
as adopted by The Canadian Real Estate Association. |