Is there an Article 15 Hearing in my future?
Here, fairly early in this work, I would like to quote Article 15 of the REALTOR® Code of Ethics:
REALTORS® shall not knowingly or recklessly make false or misleading statements about other real estate professionals, their businesses, or their business practices.As I said above, after publication of this work, I would like to remain a REALTOR®. And I think whether or not this book violates Article 15 is a matter of interpretation. But clearly, based on this Article, if they choose, they can and will expel me from their membership rolls. As I said in the Introduction: I may pay for this transgression later. And this is what I meant.
But in fact, Article 15 is a spurious ethical standard. I think it is intentionally written to be open to interpretation. For instance, here is one simple interpretation:
It is unethical to question my ethics.Oh come on, you say, that’s crazy. Well, here’s the same interpretation in a slightly more comprehensive format:
REALTORS® (I am one) shall not knowingly (this work is quite knowingly written) or recklessly make false (a matter of opinion) or misleading (another matter of opinion) statements about other real estate professionals (other brokers), their businesses (their firms and business models and fees), or their business practices (their conduct and ethics, competence and integrity).That is, it is unethical for a REALTOR® to question the ethics of other brokers. It is unethical to question my ethics.
Let that sink in.
Now you ask, but how can you say that false is a matter of opinion? Well take the statement: Single-agent dual agency is unethical. Many brokers would label that false. Take another: Many brokers focus on Client Acquisition to the detriment of Conveying Real Property. Or: Many brokers underprice houses. Another: Pushy brokers are stupid and lazy (coming up in Chapter 15). Most brokers do not compete on their actual value proposition (Chapter 23). Brokers prey on nervous and uniformed consumers (Chapter 29). Much real estate marketing is dishonest (Chapter 32). How about: Brokers hold open houses for dubious reasons (Chapter 34).
While I would label all of these statements true, many brokers would label them false. Of course they would. And they will argue that these and other statements in this work are knowingly false or misleading, and therefore a violation of Article 15. Of course they will. Certainly if a broker deludes himself that dual agency is an ethical practice, he will have no qualms about labeling my statement knowingly false about his, er…business practice. The same is true for other unorthodox, unconventional, and nonconformist statements and ideas in this work.
So given this circumstance, I must grudgingly acknowledge that these are matters of opinion and scope. This is a work of commentary. Readers can certainly decide for themselves. But if REALTORS® wish to see them through a true or false lens, there is nothing to stop them. So I will not be at all surprised to find myself dragged into an Article 15 hearing.
Of course there are legitimate uses for Article 15. NAR offers a couple of legitimate Case Interpretations on its website. But clearly there is room for misuse, and more importantly, Article 15 can be used to enforce orthodoxy. And yes ironically, it can even be used to protect unethical behavior.
If the Code of Ethics is to be used to prevent a member from shining a light on questionable ethics, or even merely opening a discussion on ethics and integrity and competency, that is supreme irony indeed. And beyond that, surely it calls into question the real purpose of the Code. Because at that point, it becomes less, a code of ethics, and more, a code of silence.
So if I am to be removed, it would be less of an expulsion and more of an excommunication. For heresy. I would just point out that this is a book designed to improve the business. And if anyone can rebut any aspect of this work, they can and they should. Would that not be the responsible, and ethical, way to deal with it? Come, we will write our two narratives on facing pages, and the reader can be the judge.
So to my colleagues on the REALTOR® Professional Standards Committee, please read this into the record:
To my fellow REALTORS®, I simply ask this: Do you not see the irony in removing a member for violation of ethics for writing a book on integrity?Remove me if you must, but shame on you.
Now I freely admit that this section is designed to be a preemptive defense of my work. But it is shameful that I should have to defend my work at all. It is unethical and dishonorable that anyone would use the Code of Ethics as a weapon to silence a discussion of these topics, regardless of what you think of the author’s perspective. Surely this would be a betrayal of the Code’s mission and your mandate.
Let me quote from the Preamble of the Code of Ethics:
Such interests impose obligations beyond those of ordinary commerce. They impose grave social responsibility and a patriotic duty to which REALTORS® should dedicate themselves, and for which they should be diligent in preparing themselves. REALTORS®, therefore, are zealous to maintain and improve the standards of their calling and share with their fellow REALTORS® a common responsibility for its integrity and honor. [Emphasis added]That is certainly the intention of this book. This book is nothing if not an attempt to improve the standards and integrity and honor of our calling.
But you might ask: Why not include this section at the end of your work? Because the goals of this book and the conclusions that I make are much more important and significant than the question of whether or not the REALTORS® kick me out. While this is an important question for me and my livelihood, it is merely a question in passing in our quest to find and identify competence and integrity in the real estate business. No, this question is unworthy of our conclusion, and belongs right here in our discussion on the Code of Ethics.
I hope the REALTORS® don’t kick me out. But if they choose to do so, at least you are still holding this book in your hand or this work on your Kindle or other e-reader. That is something far more important.
So to the reader I would simply add: Ultimately, you will be the judge. The only judge that matters. Mark this page, and come back to it when you finish this book. What is your judgment?
Curious to know how it turned out? I will keep you apprised.
Chapter Thirteen: Words to Watch: Coach and Team