As REALTORS®, strict adherence to the Code of Ethics is enforced via a number of dispute resolution options, including the use of the KCRAR Citation Program. The Citation process is more expedited than a full ethics hearing, but only applies to violations of specific articles of the Code of Ethics.
To file a citation, complainant fills out the KCRAR ethics complaint form, and if the complaint qualifies for the Citation Program, it then goes to a citation panel, who decides whether the respondent is in violation. If they are found to be in violation, that person has 20 days to either pay the preset fine or appeal the decision. If the decision is appealed, it then goes to a full ethic hearing. All violations under the Citation Program have set disciplinary actions, which are outlined on kcrar.com/citation-program.
Some of the most cited and violated articles and Standards of Practice in the Citation process include:
- Article 3, SOP 3-8 – Misrepresenting the availability of access to show or inspect a listed policy
- Article 3, SOP 3-9 – Providing access to listed property on terms other than those established by the owner or the listing broker
- Article 12 – Failure to present a true picture in real estate communications and advertising
- Article 12 – Failure to disclose status as real estate professional in advertising and other representations
- Article 12, SOP 12-4 – Advertising property for sale/lease without authority of owner or listing broker
- Article 12, SOP 12-5 – Failing to disclose name of firm in advertisement for listing property
Both ethics complaints and ethics citations are completely confidential under article 14 of the Code of Ethics. That means that if any party involved violates that confidentiality, that person would be in violation of the Code of Ethics, and disciplinary action could be taken. For more information, visit kcrar.com/ethics-and-regulations.