CODE OF ETHICS ARBITRATION

1 2022. MANUAL. CODE OF ETHICS . & ARBITRATION . Code of ETHICS and ARBITRATION Manual A Manual for use by Member Boards of the National Association to ensure due process in the conduct of hearings to enforce the Code of ETHICS and in the ARBITRATION of business disputes arising out of the real estate business. Professional standards procedures of Member Boards must reflect substantively the approved due process policies and procedures of this Manual in order to ensure Board entitlement to coverage by the Professional Liability Insurance Policy of the National Association in litigation involving the Board in connection with Board enforcement of the Code of ETHICS , provided that such policies and procedures are consistent with applicable state law. For ease of reference, all amended provisions where content has changed are shaded to highlight additions. NOTE: All new and amended Case Interpretations become effective upon approval by the National Association's Professional Standards Committee and publication on Case Interpretations approved by the Professional Standards Committee through 2021 are expected to be published on no later than January 2022.

2 National Association of Realtors . 430 North Michigan Avenue Chicago, Illinois 60611-4087. Realtor is a registered collective membership mark which may be used only by real estate professionals who are members of the National Association of Realtors and subscribe to its strict Code of ETHICS . 2022 National Association of Realtors . All Rights Reserved This Manual is dedicated to the memory of Chesley J. ( Chet ) Smith (1921 2001). Chet Smith served America in war and peace for nearly four decades in the Army Air Corps and the Air Force, and he served Realtors . for nearly a quarter century at the local, state, and national levels. His dedication to the Realtor organization was exceeded only by his dedication to his family, his faith in God, and his commitment to the Code of ETHICS . Table of Contents . Code of ETHICS and ARBITRATION Manual Areas of the Manual Requiring Board/Association i The Realtor 's Code of ETHICS A Gift of . v Pathways to vii 1. Code of ETHICS and Standards of 5.

3 15. 19. Statements of Professional Standards Policy Applicable to ETHICS 21. Part One General Provisions Relating to ETHICS .. 29. Section 1 Definitions Relating to 29. Section 2 Qualification for 30. Section 3 Duty to Give 31. Section 4 Right of Counsel to 31. Section 5 32. Section 6 Conduct of 32. Section 7 33. Section 8 Interpretations of 33. Section 9 33. Section 10 Communication and 33. Section 11 Attempt to Influence 33. Part Two Membership Duties and Their 35. Section 12 Duties of 35. Section 13 Power to Take Disciplinary 35. Section 14 Nature of 36. Section 15 Selection and Appointment of the Grievance 37. Section 16 Selection and Appointment of the Professional Standards 37. Part Three The Grievance 39. Section 17 39. Section 18 39. Section 19 Review of ETHICS 39. Part Four The ETHICS 43. Section 20 Initiating an ETHICS 43. Section 21 ETHICS 46. Section 22 Decision of Hearing 48. Section 23 Action of the Board of 48. Section 24 Initial Action by 51. Section 25 Preliminary Judicial Determination Prior to Imposition of 51.

4 Appendix I to Part Four Role of the Board of Directors in Reviewing and Ratifying ETHICS Hearing Panel 52. Appendix II to Part Four Appropriate Interpretation of Pertinent Facts as Used in Article 2 of the Code of 53. Appendix III to Part Four Responsibility of Member Boards with Respect to Article 10 of the Code of 54. Appendix IV to Part Four Rationale of Declaratory Relief 56. Appendix V to Part Four ETHICS Hearing Checklist with Administrative Time 57. Appendix VI to Part Four Cooperative Enforcement of the Code of 63. Appendix VII to Part Four Sanctioning 65. Appendix VIII to Part Four Procedures for Consideration of Alleged Violations of Article IV, Section 2, Bylaws, National Association of Realtors .. 70. Appendix IX to Part Four Presenting and Negotiating Multiple 71. Appendix X to Part Four Before You File an ETHICS 73. Appendix XI to Part Four ETHICS 76. ETHICS Mediation Resolution Appendix XII to Part Four Appropriate Interpretation of Standard of Practice 10-5 and Statement of Professional Standards Policy Part Five Conduct of an ETHICS Hearing.

5 81. Outline of Procedure for Conduct of an ETHICS 81. Outline of Procedure for an ETHICS Hearing Involving a Complaint and 83. Chairperson's Procedural Guide: Conduct of an ETHICS 85. Chairperson's Procedural Guide: Conduct of an Appeal Hearing ( ETHICS ).. 88. Part Six Specimen Forms for 91. Form #E-1 ETHICS 92. Form #E-2 Notice to 93. Form #E-3 94. Form #E-4 Grievance Committee Request for Information ( ETHICS Complaint).. 95. Form #E-5 Response to Grievance Committee Request for 96. Form # Grievance Committee Report 97. Form #E-6 Notice of Right to Challenge Tribunal 98. Form #E-7 Challenge to Qualification by Parties to ETHICS 99. Form #E-8 Official Notice of 100. Form #E-9 Outline of Procedure for ETHICS 101. Form #E-9a Outline of Procedure for ETHICS Hearing with Complaint and 103. Form #E-10 Certificate of 105. Form #E-11 Decision of ETHICS Hearing 106. Form #E-11a Sample Findings of 108. Form #E-12 Action of the Board of 109. Form #E-13 Request for 111. Form #E-14 Official Notice of Appeal 112.

6 Form #E-15 Checklist of Professional Standards 114. Form #E-16 Seating Arrangements for 116. Form #E-17 ETHICS Activity 117. Form #E-18 Outline of Content of Petition for Declaratory 118. Form #E-19 Sample Agreement to Establish Multi-Board (or Regional) Professional Standards Enforcement 119. Form #E-20 Notice to Respondent ( ETHICS ) and Optional Waiver of Right to 122. Form #E-21 Sample Letter of 124. Form #E-22 Appeal of Grievance Committee dismissal of ETHICS 125. Form #E-23 Action of the Appeal Hearing Tribunal ( ETHICS Complaint).. 126. 127. Statements of Professional Standards Policy Applicable to ARBITRATION 129. Part Seven General Provisions Relating to 137. Section 26 Definitions Relating to 137. Section 27 Qualification for 137. Section 28 Duty to Give 138. Section 29 Right of Counsel to 139. Section 30 139. Section 31 Conduct of 139. Section 32 140. Section 33 Interpretations of 140. Section 34 140. Section 35 Communication and 140. Section 36 Attempt to Influence 140.

7 Part Eight Membership Duties and 141. Section 37 Duties of 141. Section 38 Selection and Appointment of the Grievance 141. Section 39 Selection and Appointment of the Professional Standards 141. Part Nine The Grievance 143. Section 40 143. Section 41 143. Section 42 Grievance Committee's Review and Analysis of a Request for 143. Part Ten ARBITRATION of 145. Section 43 Arbitrable 145. Section 44 Duty and Privilege to 146. Section 45 Board's Right to Decline 147. Section 46 Duty to Arbitrate Before State 148. Section 47 Manner of Invoking 148. Section 48 Submission to 150. Section 49 Initial Action by 151. Section 50 Preliminary Judicial Determination Prior to Imposition of 151. Section 51 ARBITRATION 151. Section 52 152. Section 53 The 152. Section 54 Costs of 153. Section 55 Request for Procedural 153. Section 56 154. Appendix I to Part Ten Arbitrable 155. Appendix II to Part Ten ARBITRATION 159. Appendix II to Part Ten ARBITRATION 167. Appendix III to Part Ten Rationale of Declaratory Relief and of Judicial Enforcement in Matters of 171.

8 Appendix IV to Part Ten Rationale for No Findings of Fact in 172. Appendix V to Part Ten ARBITRATION Hearing Checklist with Administrative Time 173. Appendix VI to Part Ten Mediation as a Service of Member 178. Part Eleven Interboard ARBITRATION 189. Part Twelve Conduct of an ARBITRATION 193. Outline of Procedure for Conduct of an ARBITRATION 193. Outline of Procedure for an ARBITRATION Hearing Involving a Request and a 195. Chairperson's Procedural Guide: Conduct of an ARBITRATION 197. Chairperson's Procedural Guide: Conduct of an Interboard ARBITRATION 200. Chairperson's Procedural Guide: Conduct of a Procedural Review Hearing ( ARBITRATION ).. 203. Chairperson's Procedural Guide: Conduct of a Procedural Review Hearing (Interboard ARBITRATION ).. 206. Part Thirteen Specimen Forms for 209. Form #A-1 Request and Agreement to 210. Form #A-2 Request and Agreement to Arbitrate (Nonmember).. 212. Form #A-3 Notice to Respondent .. 214. Form #A-4 Response and Agreement to 215. Form #A-5 Grievance Committee Request for 217.

9 Form #A-6 Response to Grievance Committee Request for 218. Form #A-7 Notice of Right to Challenge Tribunal 219. Form #A-8 Challenge to Qualifications by Parties to ARBITRATION 220. Form #A-9 Official Notice of Hearing .. 221. Form #A-10 Outline of Procedure for ARBITRATION 222. Form #A-10a Outline of Procedure for ARBITRATION Hearing Involving a Request and a 224. Form #A-11 Certificate of 226. Form #A-12 Award of 227. Form #A-13 Request for Procedural Review .. 228. Form #A-14 Official Notice of Procedural 229. Form #A-14a Decision of the Procedural Review Hearing Tribunal .. 230. Form #A-15 Checklist of Professional Standards 231. Form #A-16 Seating Arrangements for 233. Form #A-17 Mediation Resolution 234. Form #A-17a Notice of Settlement, Withdrawal of ARBITRATION 235. Form #A-17b ARBITRATION Settlement 236. Form #A-18 ARBITRATION Activity 237. Form #A-19 Sample Agreement to Establish Multi-Board (or Regional) Professional Standards Enforcement 238. Form #A-20 Appeal of Grievance Committee dismissal or Classification of ARBITRATION 241.

10 Form #A-21 Action of the Appeal Hearing Tribunal ( ARBITRATION Request).. 242. Part Fourteen State Association Professional Standards 243. Questions and 247. Statements of Professional Standards Policy (Complete listing available online at ). Professional Standards Training Guide (Available online at ). Index and Case 253. NOTE: To find any word or topic, go to and search the Code of ETHICS and ARBITRATION Manual electronically for fast and comprehensive results. NOTE: All new and amended Case Interpretations become effective upon approval by the National Association's Professional Standards Committee and publication on Case Interpretations approved by the Professional Standards Committee through 2021 are expected to be published on no later than January 2022. Areas of the Code of ETHICS and ARBITRATION Manual Requiring Board/Association Action Associations interested in adopting a citation policy and a NOTE: The new and continuous member education criteria citation schedule of potential violations and specific fines and/or referenced in Professional Standards Policy Statements #47 and education that apply to those violations should view the National #48, and the criteria for staff administration training referenced Association's Model Citation Policy found at.