PROView - March 2008 - (Page 22)

(Don’t Let Time Run Out continued) Standard of Practice 12-13 The obligation to present a true picture in advertising, marketing, and representations allows REALTORS® to use and display only professional designations, certifications, and other credentials to which they are legitimately entitled. To assist with the proper application of the Code of Ethics and Standards of Practice, approximately 137 different case interpretations are available. They are used much like decisions in judicial proceedings. They are specific and factual situations involving charges of alleged unethical behavior and provide insight into the proper form of complaint, procedures, due process, and the rationale of peer judgment rendered in each case. Periodically PRO publishes some of these case interpretations to help members understand the Code of Ethics more clearly. Case #12-20: Misleading Use of “MLS” in URL REALTOR® A, a residential broker in a major metropolitan city, spent several weeks each year in his cabin in the north woods where he planned to retire one day. Even while at home in the city, REALTOR® A stayed abreast of local news, events, and especially the local real estate market by subscribing to the print and on-line editions of the local newspaper. He also bookmarked a number of north woods brokers’ websites to stay current with the market and to watch for potential investment opportunities. One evening while surfing the Internet, he came across a URL he was unfamiliar with – northwoodslandlakesmls.com. Realtor® A was pleased to see the MLS serving the area had created a publicly-accessible website. Clicking on the link, he was surprised to find that the website was not an MLS’s website but instead was REALTOR® Z’s company website. Having had prior dealings with REALTOR® Z, REALTOR® A carefully scrutinized the website. He noted, among other things, that the name of REALTOR® Z’s firm did not include the letters “MLS.” REALTOR® A wrote to the association and asked whether REALTOR® Z had been authorized by the association to use the URL northwoodsandlakesmls. com and whether the association felt it presented a true picture as required by Article 12. The association responded that it did not assign, review, or approve URLs used by members, but added if REALTOR® A felt 22 PINELLAS REALTOR® ORGANIZATION there was a possible violation of the Code of Ethics, the appropriate step was to file an ethics complaint. REALTOR® A did just that, alleging in his complaint that when he clicked on what appeared to be a real estate-related URL that included the letters “MLS,” he expected to be connected with a website operated by a multiple listing service. He stated he felt that REALTOR® Z’s URL was deceptive and did not meet Article 12’s true picture test. At the hearing, REALTOR® Z defended his URL on a number of grounds including the fact that he was a participant in good standing in the MLS and that he was authorized under the MLS’s rules to display other participants’ listings on his website. “If I used ‘MLS’ in the name of my firm, I could see how that might be perceived as something less than a true picture,” he argued, “but by simply using MLS in my URL I am telling consumers that they can get MLS-provided information about properties in the north woods from me. What could be truer that that?” The hearing panel disagreed with REALTOR® Z’s reasoning. While REALTOR® Z was authorized to display—the fact remained that a real estate-related URL that included the letters MLS would lead reasonable consumers to conclude that the website would be an MLS’s, and not a broker’s website. REALTOR® Z was found in violation of Article 12 as interpreted by Standard of Practice 12-10. Revitalize Yourself Through Every-Day Ethicsize Maximize your Ethicsize workout so you can reach your Quadrennial goals. Read more at www.tampabayrealtor.com/ethicsize March 2008 http://northwoodslandlakesmls.com http://www.tampabayrealtor.com/ethicsize

Table of Contents Feed for the Digital Edition of PROView - March 2008

PROView - March 2008 Contents Chairman's Notes - A Strong Force, Working on Your Behalf Feature - Going Back to Basics: Are You Generating Leads ProActive - Amendment 1 Passes: What Now? What's Next? Finance - How Your Customers Can Find Home Loans Brokerage Design - Reject the Blindfold; Enlightenment is the Way to Go Marketplace Analysis - The Opportunity Market Home Sales Report MLS Update - Changes to Rules & Regulations Now in Effect MLS Mind Your Manners Education - Don't Let Time Run Out: Complete Mandatory Code of Ethics Training Now Calendar of Events & Programs PROBiz - FREE Real Estate Websites! New PRO Members

PROView - March 2008

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