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June 2015. TRECCCIM  May not discriminate on basis of protected class  May not steer  May not inquire about, respond to or facilitate inquiries which.

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Presentation on theme: "June 2015. TRECCCIM  May not discriminate on basis of protected class  May not steer  May not inquire about, respond to or facilitate inquiries which."— Presentation transcript:

1 June 2015

2 TRECCCIM  May not discriminate on basis of protected class  May not steer  May not inquire about, respond to or facilitate inquiries which indicates any preference, limitation, or discrimination  May not deny equal professional services to any person based on protected class.  May not be part of any plan or agreement to discriminate  May not volunteer information regarding composition  May not engage in activity which may result in panic selling  May provide demographic information.

3 CCIM  May not publish ads or statements that discriminate  May provide demographic information from a recognized, reliable, independent, and impartial source, with the source disclosed

4 TRECCCIM  Ads may not be misleading and must identify the publisher as a licensed broker or agent  Must have owner’s written consent to place a sign on property  May not offer to sell property without owner’s knowledge and consent  Must be honest and truthful in and present a true picture in Ads.  Must ensure status as real estate professional is apparent in Ads  May use term ‘free’ with disclosure of terms  May offer inducements if terms disclosed

5 TRECCCIM  May not offer property on terms not authorized by owner  Ad must contain name of broker  Ad may not imply salesperson is responsible for the brokerage operation  Each page on website is a separate Ad  May not advertise without authorization  May not quote price different than agreed  Ads must contain name of firm  Must disclose any ownership interest in Ad  To claim “sold” must have participated in sale

6 CCIM  May offer rebates if Ad contains disclosure of terms  Should keep info. on websites current

7 TRECCCIM  May not drafts an instrument that transfers or affects an interest in real estate  May not advise a person regarding the validity or legal sufficiency of an instrument or title to real property.  May not engage in unauthorized practice of law  Must recommend party obtain legal counsel when transaction requires it.

8 TREC  It is OK for broker to complete forms if forms are: ◦ TREC forms; ◦ Forms prepared by a Texas attorney; or ◦ Forms prepared by owner  Must TREC forms except ◦ When broker is a principal in transaction ◦ Gov’t agency requires otherwise ◦ when form attorney drafted and required by principal’s attorney ◦ When no TREC form exists and attorney has drafted a standard form

9 TREC  May only fill in blanks  May not add to or strike, but may strike only items desired by the principals and as is necessary to meet intent of the parties  May add factual statements and business details desired by the principals  May not add provisions for which a standard addendum exists  May not employ lawyer for principals

10 TRECCCIM  May not make a material misrepresentation of a significant defect, known to the licensee  May not fail to disclose known defect  Must avoid exaggeration, misrepresentation, or concealment  Not obligated to discover latent defects  Not obligated to disclose confidential facts  Only obligated to discover and disclose adverse factors reasonably apparent to a broker

11 TRECCCIM  Broker can give opinion of value if it is: ◦ not referred to as an appraisal; ◦ provided in the ordinary course of business; and ◦ is related to the actual or potential sale or lease  May not perform appraisal but may give BPO/CMA of disclosure is in in opinion, verbatim  May not act outside member’s area of expertise  If giving an opinion of value (outside obtaining listing or formulating offer), then must contain items in the standards

12 TRECCCIM  May not negotiate with client of another broker knowing client is under an exclusive agency with another broker  Not prohibited from soliciting a listing from the owner while the owner is subject to an exclusive listing with another broker  May not take action inconsistent with exclusive brokerage relationship of another  Does not prohibit innovative, but ethical, business practices

13 CCIM  May make general announcements about services, it not targeted at others’ clients  Not prohibited from contacting another’s client to enter into a different type of service contract  May not contact owner subject to a listing for purposes of entering into another listing, even upon expiration; but may respond if prospective client contacts broker

14 CCIM  Fact client belonged to broker in past transactions does not preclude others from seeking client later  Must make effort to determine whether the prospect is subject to a current exclusive relationship  Must disclose relationship at first contact and shall provide written confirmation of that disclosure to at time of contract.

15 CCIM  All dealings shall be carried on with the client's broker, and not with the client, except with the consent of the client's broker or when initiated by the client.  May not knowingly obligate the client to pay more than one commission except with their informed consent  May not induce clients to break existing agency agreements

16 TRECCCIM  Must make clear to all parties for whom broker is acting  Must give IABS form at first substantive dialogue  May act as an intermediary if authorized in writing and acts impartially  May appoint associated licensees (in writing)  Must disclose at time of listing or representation agreement, policies about multiple representation

17 TRECCCIM  TREC does not mediate or arbitrate commission disputes  Primary duty is to that of client  Have duty to arbitrate in accordance with requirements under Art. 17

18 TRECCCIM  To maintain cause of action to enforce a commission must: (i) prove one is licensed; and (ii) produce the written commission agreement.  Does not apply to agreements between brokers  Must insure that all agreements are in writing, whenever possible, and kept current


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