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Introduction
Under all is the land. Upon its wise utilization and widespread ownership depend the advancement of national well-being and the perpetuation of the free institutions that go to make the democratic way of life.
The REALTORŪ has husbanded and developed the land resource of the nation and, with his help, ownership has attained its widest distribution - a distinguishing mark that differentiates this from other civilizations and provides the real safeguard against radical impenetrations.
The REALTORŪ is a creator of homes, both urban and rural, and by his activities, helps mold the form of his future community, not only in the living of its people, but in its commercial and industrial aspects.
Such functions impose obligations beyond those of ordinary business; they impose grave social responsibilities which the REALTORŪ can meet only by diligent preparation and by dedicating himself as a civic duty to their fulfillment.
The REALTORŪ therefore must be zealous to maintain and continually improve the professional standards of his calling. He shares with his fellow-REALTORSŪ a common responsibility for the integrity and honor of that calling. In the interpretation of his obligations, he can take no safer guide than that which has been handed down through twenty centuries embodied in the golden rule. In substance:
"Whatsoever ye would that man should do to you, do ye even to them"
Accepting this standard as his own, every REALTORŪ pledges himself to observe its spirit in all his dealings and to conduct his business in accordance with the following Code of Ethics, adopted by the Philippine Association of REALTORSŪ Boards, Inc. (PAREB).
Part I
Relations to the Public
ARTICLE 1
The REALTORŪ should keep himself informed as to the movements affecting real estate in his community, city or province and the nation, so that he may be able to contribute to public thinking on matters of taxation, legislation, land use, city planning and other questions affecting property interest.
ARTICLE 2
It is the duty of the REALTORŪ to be well-informed on current market conditions in order to be in a position to advise his clients as to the fair market price.
ARTICLE 3
It is the duty of the REALTORŪ to protect the public against fraud, misrepresentation or unethical practices in the real estate field.
He should endeavor to help stamp out or prevent arising in his community, any practices which could be damaging to the public or to the dignity and integrity of the real estate profession. The REALTORŪ should lend help to the government offices charged with the duty of regulating the practices of real estate brokers, salesmen, appraisers, and allied professions and other government offices having to do with land and its improvement, cooperate with them and report violations of improper practices.
ARTICLE 4
The REALTORŪ should ascertain all pertinent facts concerning every property for which he accepts the agency, so that he may fulfill his obligation to avoid error, exaggeration, misrepresentation or concealment of pertinent facts.
ARTICLE 5
The REALTORŪ should not be instrumental in introducing into neighborhood a character of property or use which will clearly be detrimental to property values in that neighborhood.
ARTICLE 6
The REALTORŪ should not be a party to the naming of a false consideration in a deed, unless it be the naming of an obviously nominal consideration.
ARTICLE 7
The REALTORŪ should not engage in activities that constitute the practice of law and should recommend that title be examined and legal counsel be obtained when the interests of either party required it.
ARTICLE 8
The REALTORŪ should keep in a special bank account, separated from his own funds, money coming into his hands in trust for other persons, such as escrows, trust funds, client's money and other like items.
ARTICLE 9
The REALTORŪ , in his advertising, should be especially careful to present a true picture and should not advertise without disclosing his name or his firm's name, nor permit his salesmen to use individual names of telephone numbers, unless the salesmen's connection with the REALTORŪ is obvious in the advertisement.
ARTICLE 10
The REALTORŪ , for the protection of all parties with whom he deals, should see that financial obligations are in writing, expressing the exact agreement of the parties and that copies of such agreements at the time are placed in the hands of all parties involved.
Part II
Relations to the Client
ARTICLE 11
In accepting employment as an agent, the REALTORŪ pledges himself to protect and promote the interests of the client.
The obligation of absolute fidelity to the client's interest is primary and does not release the REALTORŪ from the obligation of dealing fairly with all parties to the transaction.
ARTICLE 12
In justice to those who place their interests in their hands, the REALTORŪ should endeavor always to be informed regarding the law, proposed legislation, legal orders issued and other essential facts and public policies which affect those interests.
ARTICLE 13
Since the REALTORŪ is representing one or another party to a transaction, he should not accept compensation from more than one party without the full knowledge of the parties to the transactions.
ARTICLE 14
The REALTORŪ should not acquire an interest in or buy for himself, his firm, or any member thereof, a corporation in which he has an interest, property listed with him, or his company or firm without making his true position known to the listing owner. In selling property owned by him, or in which he has some ownership interest, the exact facts should be revealed to the purchaser.
ARTICLE 15
The exclusive listing of property should be urged and practiced by the REALTORŪ as a means of preventing dissension and misunderstanding and of assuring better service to the owner.
ARTICLE 16
When acting as agent in the management of property, the REALTORŪ should not accept any commission, rebate or profit on expenditures made for an owner, without the owner's knowledge and consent.
ARTICLE 17
The REALTORŪ should charge for his services only such fees as are fair and reasonable and in accordance with local practice in similar transactions.
ARTICLE 18
When asked to make a formal appraisal of real property, the REALTORŪ should not render an opinion without careful and thorough analysis and interpretation of all factors affecting the value of property. His counsel constitutes professional service for which he should make a fair charge.
The REALTORŪ should not undertake to make an appraisal or render an opinion of value on any property where he has a present or contemplated interest unless such interest is specifically disclosed in th appraisal report. Under no circumstances should he undertake to make a formal appraisal when his employment or fee is contingent upon the amount of his appraisal.
The REALTORŪ should not undertake to make an appraisal that is outside the field of his experience unless he obtains the assistance of a REALTORŪ or appraiser familiar with such types of property, or unless the fact is disclosed to the client.
ARTICLE 19
The REALTORŪ should not submit or advertise property without authority, and in any offering, the price should not be other than that agreed upon with the owners as the offering price.
ARTICLE 20
In the event that more than one formal offer on a specific property is made before the owner has accepted a proposal, all written offers should be presented to the owner for his decision.
Part III
Relations to His Fellow REALTORSŪ
ARTICLE 21
The REALTORŪ should seek no unfair advantage over his fellow-REALTORSŪ and should willingly share with them the lessons of his experience and study.
ARTICLE 22
The REALTORŪ should so conduct his business as to avoid controversies with his fellow-REALTORSŪ ; but in the event of a controversy, should be submitted for arbitration in accordance with regulations of their board and not to a suit of law. The decision in such arbitration should be accepted as final and binding.
ARTICLE 23
Controversies between REALTORSŪ who are not members of the same real estate board should be submitted to an arbitration board consisting of one arbitrator chosen by each REALTORŪ from the real estate board to which he belongs. One other member, or a sufficient number, should be selected by the arbitrators thus chosen.
ARTICLE 24
When the REALTORŪ is charged with unethical practice, he should voluntarily place all pertinent facts before the proper tribunal or the real estate board of which he is a member, for investigation and judgement.
ARTICLE 25
Whe the REALTORŪ accepts a listing from another broker, the agency of the broker who offers the listing should be respected until it has expired and the property has come to the attention of the accepting REALTORŪ from a different source, or until the owner without solicitation offers to list with the accepting REALTORŪ, unless contrary to the rules of the local real estate board; furthermore, such a listing should not be passed on to a third broker without the consent of the listing broker.
ARTICLE 26
The REALTORŪ should never publicly criticize a competitor, nor volunteer an opinion of a competitor's transaction. If his opinion is sought, it should be rendered with strict professional integrity and courtesy.
ARTICLE 27
The REALTORŪ should cooperate with other REALTORSŪ on property listed, sharing commissions on an agreed basis. Negotiations concerning property listed exclusively with one REALTORŪ should be carried on with the listing broker, not with the owner, except with the consent of the listing REALTORŪ.
ARTICLE 28
The REALTORŪ should not solicit the services of an employee or salesman in the organization of a fellow-REALTORŪ without the knowledge of the employer.
ARTICLE 29
Signs giving notice of property for sale, rent, lease or exchange should not be placed on any property by more than one REALTORŪ and then only if authorized by the owner.
Part IV
Relations to His Board and the Association
ARTICLE 30
In the best interest of society, of his associates and of his own business, the REALTORŪ should be loyal to the real estate board of his community and active in its work.
ARTICLE 31
Election to Membership in the Member Board and the Philippine Association of REALTORSŪ Boards, Inc. (PAREB) carries with it the moral obligation to serve as Director, Officer or Committee Chairman or Member in either said Member Board or the PAREB when so qualified, elected or duly called upon to server and therefore such election to the Directorate or any office in the Member Board or in the PAREB should not be the subject of election campaign, letters or circulars announcing one's candidacy or appealing for votes for certain nominees or candidates or other forms of electioneering or any agreements, or any acts which will interfere with the free and wise choice or the secret ballot by the Membership or Directorate.
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