REALTOR^® A designed an advertising campaign to promote his new marketing program. Part of REALTOR^® A's campaign included a number of advertisements in the local newspaper, and billboards placed at various well-traveled intersections around the city.

The message that appeared in REALTOR^® A's advertisements and on his billboards was: "Attention: All homeowners whose properties are for sale. Do you want results? If so, contact REALTOR^® A. He has a new marketing program that gets results."

In response to his advertisements, REALTOR^® A received a number of calls from homeowners whose properties were currently listed with other REALTORS^®. Several of the REALTORS^® whose clients contacted REALTOR^® A filed complaints with the Board, charging REALTOR^® A with unethical conduct for failing to respect the exclusive agency of other REALTORS^®. The Grievance Committee considered the complaints and referred them to the Secretary to schedule a hearing by a Hearing Panel of the Professional Standards Committee.

At the hearing held by the Professional Standards Committee to consider the complaints, REALTOR^® A defended his advertising campaign by saying that the campaign was undertaken through the mass media; that it was not directed toward any particular owner; that it was not an attempt to induce property owners to breach existing listing agreements; and, therefore, was not the type of solicitation prohibited by Article 16 of the Code of Ethics.

What do you think the hearing panel concluded? Show Answer