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Was the Realtor's conduct ethical? 
Did it meet the standard of care?

Was it within the law?  Or was it malpractice?  Negligence?

For an expert opinion, count upon Larry Lowenthal, a Florida Realtor who has reviewed hundreds of complaints during his many years on the Grievance (mostly) and Professional Standards Committees for the South Broward Board of Realtors.  He is also experienced in the business and can relate to the intricacies and emotions of real estate transactions. 

For the purpose you are visiting today, "Realtor Ethics" is  defined by Larry as reflecting strictly those behaviors and conduct addressed in the "Code of Ethics,"  which is published annually by the National Association of Realtors (NAR).

The role of the Grievance Committee is somewhat like that of a Grand Jury, which filters both complaints against agents and brokers, and arbitration requests.  Occasionally Larry personally prosecuted complaints at a hearing on behalf of either the Grievance Committee itself or of a Complainant who is unable to attend or is not entirely competent to proceed.  This additional function is permitted by NAR policy.

As for the Professional Standards Committee, its role is to conduct hearings where sworn testimony is heard and evidence is presented for examination and review by a panel of three Realtors. Upon conclusion of a hearing, the panelists vote on the charges and we either find for dismissal of the charges or agreement with them.  If the latter, the panel immediately selects one or more methods of discipline from a list established by the NAR. 

Florida Statutes

Licensed as a Broker-Associate in Florida, Larry helps attorneys with Florida Statutes 475 and 61J2 and their practical interpretation. 

Typical Allegations or Counts

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Failed to disclose hidden facts about the property or the transaction -- facts which materially and negatively affected value.

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Failed to present an offer

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Made false statements about a property or a party to a transaction

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Breached a statutorily or contractually-created fiduciary

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Delivered opinions outside area of professional expertise

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Accepted undisclosed kickbacks, commissions, or finder's fees

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Failed to disclose a private relationship with buyer or seller

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Conspired with mortgage broker, closing agent, or appraiser to defraud lender

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Failed to account and deliver

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Made false statements about a competitor's business

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Forged a signature on a sales contract or other legal document

"Please contact me with your question.  I will respond quickly and honestly."

 

Telephone (954) 437-2133             E-mail: Larry@RealWitness.com

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