public site  |  contact  |  join us  |  members only / forms |  mobile
TODAY IS:

Code of Ethics Case Studies

Case #7-1: Acceptance of Compensation from Buyer and Seller

Buyer A engaged REALTOR® B to locate a small commercial property. Buyer A explained his exact specifications indicating that he did not wish to compromise. They agreed that if REALTOR® B could locate such a property within Buyer A's price range, he - the buyer - would pay a finder's fee to REALTOR® B.

Two weeks later, REALTOR® B called Buyer A to advise that Seller C had just listed a property with him that met all of Buyer A's specifications except that the listed price was a bit higher than Buyer A wanted to pay. Buyer A inspected the property and liked it, but said he would adhere to his original price range. REALTOR® B called Buyer A three days later to say that Seller C had agreed to sell at Buyer A's price. The sale was made and REALTOR® B collected a commission from Seller C and a finder's fee from Buyer A which was not disclosed to Seller C, REALTOR® B's client.

Several weeks later, Seller C learned about the finder's fee that REALTOR® B had collected from Buyer A and filed a complaint with the Board of REALTOR® charging REALTOR® B with duplicity and unprofessional conduct. The complaint specified that when REALTOR® B had presented Buyer A's offer at less than the listed price, he, the seller, was reluctant to accept it, but REALTOR® B had convinced him that the offer was a fair one and not likely to be improved upon in the current market; and that REALTOR® B had dwelt at length on certain disadvantageous features of the property in an attempt to promote acceptance of the offer. The complaint charged that REALTOR® B had actually been the agent of the buyer while holding himself out as the agent of the seller. Further, Seller C asserted that REALTOR® B had never mentioned that he was representing the buyer or intended to be compensated by the buyer.

At the hearing, REALTOR® B's defense was that he had served both buyer and seller faithfully; that he had not accepted Seller C's listing until after he had agreed to assist Buyer A in locating a property; and that in his judgment the listed price was excessive and the price actually paid was a fair price.

Based on your understanding of the Code of Ethics Article 7, what do you think the Professional Standards Panel ruled? Show Answer


 
 
 
 
 
 




WED
4/26
1:30 PM - 3:00 PM
Reverse Mortgages
SAT
4/29
7:30 AM - 5:00 PM
Christmas In April
WED
5/03
9:30 AM - 12:30 PM
DC Fair Housing & Predatory Lending
 
1:30 PM - 4:30 PM
DC Legislative Update / Exam Prep
MON
5/08
1:30 PM - 4:30 PM
Meeting With the Buyer for the 1st Time
view entire calendar >
Sign up for future calls to action
March Home Sales
Prince George's County
Association of REALTORS®
9200 Basil Court, Suite 400 | Largo, MD 20774
Phone 301-306-7900 | Fax 301-306-8273
info@pgcar.com
PGCAR Facebook Logo    PGCAR YPN Facebook Logo    PGCAR YPN Facebook Logo PGCAR YPN Facebook Logo  
 
 
The Voice for Real Estate in Prince George's County
© Copyright 2001-2017 by the Prince George's County Association of REALTORS® Inc.   All Rights Reserved.
Developed and Hosted by CyberVillage Networkers, Inc.