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By Shannon Allen<\/div><\/div>\n

A listing broker allowed unaccompanied buyers to tour properties without the seller\u2019s authorization. The broker was found in violation of Article 1, but isn\u2019t this also an Article 3 violation?<\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n<\/div>\n

ORLANDO \u2013 Dear Shannon<\/strong>: I\u2019m a broker with a good size brokerage office and a fair number of sales associates. During our weekly meeting, the topic of unauthorized access to property came up. I remembered you had an article on this point and used it for a teaching opportunity. The article was called, <\/a>\u201cWhy am I in Violation if Everybody Does it?\u201d<\/a><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

One of my associates said the listing broker in that story should also have been in violation of Article 3, as interpreted by Standard of Practice (SOP) 3-9.\u00a0 Both SOP 1-16 and SOP 3-9 seem nearly identical.\u00a0 I agree with my associate, and that\u2019s why I\u2019m reaching out.\u00a0 We think the scenario you described in your previous article, where the listing broker permitted unauthorized access to the seller\u2019s property is also an Article 3 violation as supported by SOP 3-9. Are we correct?\u00a0 Just Checking<\/strong><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

Dear Just Checking<\/span><\/strong>: Thank you for reaching out with questions about SOP 1-16 vs. SOP 3-9.\u00a0 The scenario described in my previous article (where the listing broker allowed unauthorized access to the seller\u2019s property) is a violation of Article 1, as supported by SOP 1-16, but it is NOT a violation of Article 3, as supported by SOP 3-9.\u00a0 <\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

The language of both SOP 1-16 and 3-9 are similar, but there are notable differences. Consistent application and interpretation of the Code of Ethics is important.\u00a0 When it comes to unauthorized access to property, the question is whether it\u2019s the listing broker or the buyer\u2019s broker allowing the unauthorized access.\u00a0 If it\u2019s the listing broker, then it\u2019s a violation of Article 1. If it\u2019s the buyer\u2019s broker, then it\u2019s a violation of Article 3.<\/a><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

Let\u2019s look at the language of SOP 3-9 and then SOP 1-16:<\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

SOP 3-9 states: \u201cREALTORS\u00ae shall not provide access to listed property on terms other than those established by the owner or the seller<\/a>. (Adopted 1\/10, Amended 1\/23)\u201d \u00a0<\/em>Before it was amended in 2023, SOP 3-9 stated, \u201cREALTORS\u00ae shall not provide access to listed property on terms other than those established by the owner or the listing broker<\/strong>. (Adopted 1\/10)\u201d<\/em><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

When it said \u201cowner or the listing broker\u201d it was more obvious that this would be referring to the buyer\u2019s broker allowing unauthorized access to property (thus a violation of Article 3), since the listing broker presumably would have been authorizing their own terms regarding access to the property.\u00a0<\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

That amendment to SOP 3-9 substituted \u201cseller\u201d in place of \u201clisting broker\u201d in order to reinforce that it is the owner or seller who always determines access terms for their property.\u00a0 <\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

But this change made the language very similar to SOP 1-16, which states: \u201cREALTORS\u00ae shall not access or use, or permit or enable others to access or use, listed or managed property on terms or conditions other than those authorized by the owner or seller. (Adopted 1\/12)\u201d<\/em><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

So, if the listing broker is the one allowing unauthorized access to property, how do we know which Article is being violated?\u00a0 <\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

To determine this, look to the Articles themselves for guidance, remembering that the SOPs flow from the Articles.<\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

Article 3 states: \u201cREALTORS\u00ae shall cooperate with other brokers except when cooperation is not in the client\u2019s best interest. The obligation to cooperate does not include the obligation to share commissions, fees, or to otherwise compensate another broker. (Amended 1\/95)\u201d<\/em> And NAR\u2019s Code Comprehension document called Article 1 & Article 3, Unauthorized Access to Property, SOP 1-16 and 3-9 states: A violation of Article 3 as interpreted by Standard of Practice 3-9 would involve a cooperating REALTOR\u00ae accessing or allowing access to a property on terms other than those agreed upon by the owner or seller and their listing agent.<\/em><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

Article 3 deals with a Realtor\u2019s ethical duties when cooperating with other brokers. If a buyer\u2019s broker permitted unauthorized access to listed property, then this would be a violation of Article 3, as supported by SOP 3-9 and NOT a violation of Article 1, as supported by SOP 1-16<\/a><\/span>[s1]<\/a>\u00a0<\/span><\/span>.<\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

Article 1 states: \u201cWhen representing a buyer, seller, landlord, tenant, or other client as an agent, REALTORS\u00ae pledge themselves to protect and promote the interests of their client. This obligation to the client is primary, but it does not relieve REALTORS<\/a><\/em><\/span>[s2]<\/a>\u00a0<\/span><\/span>\u00ae of their obligation to treat all parties honestly. When serving a buyer, seller, landlord, tenant or other party in a non-agency capacity, REALTORS\u00ae remain obligated to treat all parties honestly. (Amended 1\/01)\u201d<\/span><\/em><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

Article 1 focuses on protecting and promoting the interests of clients. So, an agent of the seller allowing unauthorized access to their seller\u2019s property would be a violation of Article 1, as supported by SOP 1-16 and NOT a violation of Article 3, as supported by SOP 3-9<\/a><\/span>[s3]<\/a>\u00a0<\/span><\/span>.<\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

Consistent application and interpretation of the Code of Ethics is important.\u00a0 When it comes to unauthorized access to property, ff it\u2019s the listing broker, then it\u2019s a violation of Article 1, if it\u2019s the buyer\u2019s broker, then it\u2019s a violation of Article 3.<\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

For more information, read NAR\u2019s code comprehension resource: Article 1 & Article 3: Unauthorized Access to Property, SOP 1-16 and 3-9<\/a>. Other laws and rules may apply.<\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

Shannon Allen is an attorney and Florida Realtors Director of Local Association Services<\/span><\/em><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

Note: Advice deemed accurate on date of publication<\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

\u00a9 2024 Florida Realtors\u00ae<\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

\u00a0[s1]<\/a><\/span>It goes both ways, so this explanation is important to keep in the article, when it comes to allowing unauthorized access to property, not only is a buyer\u2019s broker in violation of Article 3 as interpreted by SOP 3-9, but also they are NOT in violation of Article 1 as interpreted by SOP 1-16 \u2013 appropriate interpretation and application of the code is very important<\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

\u00a0 [s2]<\/a><\/span>If this formatting comes from the code of ethics and arbitration manual, let\u2019s try to keep it, it\u2019s a trademark thing\u2026<\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

\u00a0 [s3]<\/a><\/span>This is THE answer to the entire Article\u2019s question \u2013 isn\u2019t the listing broker also in violation of Article 3\u2026yes to Article 1, as interpreted by Article 1, but NO, NOT in violation of Article 3, as interpreted by SOP 3-9.<\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n<\/div><\/div>\n

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\nAuthor: amyc<\/p>\n","protected":false},"excerpt":{"rendered":"
By Shannon Allen A listing broker allowed unaccompanied buyers to tour properties without the seller\u2019s authorization. The broker was found in violation of Article 1, but isn\u2019t this also an Article 3 violation? ORLANDO \u2013 Dear Shannon: I\u2019m a broker with a good size brokerage office and a fair number of sales associates. During our weekly meeting, the topic of unauthorized access to property came up. I remembered you had an article on this point and used it for a teaching opportunity. The article was called, \u201cWhy am I in Violation if Everybody Does it?\u201d One of my associates said the listing broker in that story should also have been in violation of Article 3, as interpreted by Standard of Practice (SOP) 3-9.\u00a0 Both SOP 1-16 and SOP 3-9 seem nearly identical.\u00a0 I agree with my associate, and that\u2019s why I\u2019m reaching out.\u00a0 We think the scenario you described in your previous article, where the listing broker permitted unauthorized access to the seller\u2019s property is also an Article 3 violation as supported by SOP 3-9. Are we correct?\u00a0 Just Checking Dear Just Checking: Thank you for reaching out with questions about SOP 1-16 vs. SOP 3-9.\u00a0 The scenario described in my previous article (where the listing broker allowed unauthorized access to the seller\u2019s property) is a violation of Article 1, as supported by SOP 1-16, but it is NOT a violation of Article 3, as supported by SOP 3-9.\u00a0 The language of both SOP 1-16 and 3-9 are similar, but there are notable differences. Consistent application and interpretation of the Code of Ethics is important.\u00a0 When it comes to unauthorized access to property, the question is whether it\u2019s the listing broker or the buyer\u2019s broker allowing the unauthorized access.\u00a0 If it\u2019s the listing broker, then it\u2019s a violation of Article 1. If it\u2019s the buyer\u2019s broker, then it\u2019s a violation of Article 3. Let\u2019s look at the language of SOP 3-9 and then SOP 1-16: SOP 3-9 states: \u201cREALTORS\u00ae shall not provide access to listed property on terms other than those established by the owner or the seller. (Adopted 1\/10, Amended 1\/23)\u201d \u00a0Before it was amended in 2023, SOP 3-9 stated, \u201cREALTORS\u00ae shall not provide access to listed property on terms other than those established by the owner or the listing broker. (Adopted 1\/10)\u201d When it said \u201cowner or the listing broker\u201d it was more obvious that this would be referring to the buyer\u2019s broker allowing unauthorized access to property (thus a violation of Article 3), since the listing broker presumably would have been authorizing their own terms regarding access to the property.\u00a0 That amendment to SOP 3-9 substituted \u201cseller\u201d in place of \u201clisting broker\u201d in order to reinforce that it is the owner or seller who always determines access terms for their property.\u00a0 But this change made the language very similar to SOP 1-16, which states: \u201cREALTORS\u00ae shall not access or use, or permit or enable others to access or use, listed or managed property on terms or conditions other than those authorized by the owner or seller. (Adopted 1\/12)\u201d So, if the listing broker is the one allowing unauthorized access to property, how do we know which Article is being violated?\u00a0 To determine this, look to the Articles themselves for guidance, remembering that the SOPs flow from the Articles. Article 3 states: \u201cREALTORS\u00ae shall cooperate with other brokers except when cooperation is not in the client\u2019s best interest. The obligation to cooperate does not include the obligation to share commissions, fees, or to otherwise compensate another broker. (Amended 1\/95)\u201d And NAR\u2019s Code Comprehension document called Article 1 & Article 3, Unauthorized Access to Property, SOP 1-16 and 3-9 states: A violation of Article 3 as interpreted by Standard of Practice 3-9 would involve a cooperating REALTOR\u00ae accessing or allowing access to a property on terms other than those agreed upon by the owner or seller and their listing agent. Article 3 deals with a Realtor\u2019s ethical duties when cooperating with other brokers. If a buyer\u2019s broker permitted unauthorized access to listed property, then this would be a violation of Article 3, as supported by SOP 3-9 and NOT a violation of Article 1, as supported by SOP 1-16[s1]\u00a0. Article 1 states: \u201cWhen representing a buyer, seller, landlord, tenant, or other client as an agent, REALTORS\u00ae pledge themselves to protect and promote the interests of their client. This obligation to the client is primary, but it does not relieve REALTORS[s2]\u00a0\u00ae of their obligation to treat all parties honestly. When serving a buyer, seller, landlord, tenant or other party in a non-agency capacity, REALTORS\u00ae remain obligated to treat all parties honestly. (Amended 1\/01)\u201d Article 1 focuses on protecting and promoting the interests of clients. So, an agent of the seller allowing unauthorized access to their seller\u2019s property would be a violation of Article 1, as supported by SOP 1-16 and NOT a violation of Article 3, as supported by SOP 3-9[s3]\u00a0. Consistent application and interpretation of the Code of Ethics is important.\u00a0 When it comes to unauthorized access to property, ff it\u2019s the listing broker, then it\u2019s a violation of Article 1, if it\u2019s the buyer\u2019s broker, then it\u2019s a violation of Article 3. For more information, read NAR\u2019s code comprehension resource: Article 1 & Article 3: Unauthorized Access to Property, SOP 1-16 and 3-9. Other laws and rules may apply. Shannon Allen is an attorney and Florida Realtors Director of Local Association Services Note: Advice deemed accurate on date of publication \u00a9 2024 Florida Realtors\u00ae \u00a0[s1]It goes both ways, so this explanation is important to keep in the article, when it comes to allowing unauthorized access to property, not only is a buyer\u2019s broker in violation of Article 3 as interpreted by SOP 3-9, but also they are NOT in violation of Article 1 as interpreted by SOP 1-16 \u2013 appropriate interpretation and application of the code is very important \u00a0[s2]If this formatting comes from the code of ethics and arbitration manual, let\u2019s try to keep it, it\u2019s a<\/p>\n","protected":false},"author":4,"featured_media":9380,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/nwfl4sale.com\/wp-json\/wp\/v2\/posts\/9379"}],"collection":[{"href":"https:\/\/nwfl4sale.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nwfl4sale.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nwfl4sale.com\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/nwfl4sale.com\/wp-json\/wp\/v2\/comments?post=9379"}],"version-history":[{"count":0,"href":"https:\/\/nwfl4sale.com\/wp-json\/wp\/v2\/posts\/9379\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/nwfl4sale.com\/wp-json\/wp\/v2\/media\/9380"}],"wp:attachment":[{"href":"https:\/\/nwfl4sale.com\/wp-json\/wp\/v2\/media?parent=9379"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nwfl4sale.com\/wp-json\/wp\/v2\/categories?post=9379"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nwfl4sale.com\/wp-json\/wp\/v2\/tags?post=9379"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}