NAR has provided us with talking points regarding the possible application of the Code of Ethics to the evens of January 6th at the Capital in Washington DC:
- The National Association of Realtors® shares your sentiments of discouragement and disillusion as we have witnessed tragedy unfold on Capitol Hill this week. We pledge to you that NAR is committed to doing everything we can to help heal and stabilize this nation in what is one of the most shocking and saddening weeks of our lifetime.
- The National Association of Realtors® stands with our democracy and our nation's centuries-old observance of peaceful protests and the peaceful transfer of power. What happened on Wednesday, January 6 was an assault on both. NAR encourages anyone with information regarding unlawful behavior to report those violations to the Federal Bureau of Investigation at fbi.gov/USCapitol. We stand with federal law enforcement as they work to thoroughly investigate the events of January 6th and ensure all those accused of breaking the law are prosecuted to the fullest extent.
- Local REALTOR® associations have the privilege and responsibility for enforcing the REALTOR® Code of Ethics. Any complaints of violations of NAR's Code of Ethics should be reported to and will be managed by local associations. Local association hearing panels are charged with determining whether speech or conduct alleged in a complaint violates the Code of Ethics. Complaints are processed in accordance with the legally-sound and longstanding procedures set forth in NAR's Code of Ethics and Arbitration Manual available here.
- You can find a graphic that explains the Code of Ethics enforcement process here. In particular, Step 3 explains that if a complaint is filed, it is initially reviewed by a local association's Grievance Committee. The purpose of that initial review is to evaluate the complaint against eight criteria, including whether the complaint was timely filed, and whether the allegations in the complaint, if taken as true, would possibly violate the Code.
- In general, the Code of Ethics does not apply to criminal activity and we recommend that such activity be reported to local law enforcement.
Code of Ethics Article 10 as interpreted by the new Standard of Practice 10-5 prohibits REALTORS® from using harassing speech, hate speech, epithets, or slurs based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity. When evaluating a complaint, a grievance committee will assess whether the alleged conduct qualifies as (1) harassing speech, hate speech, an epithet or slur AND (2) such speech is based on a protected class listed above. Notably, "political affiliation" is not a protected class under Article 10. More information on this important ethical obligation is available here.