Standard of Care: Realtors and consumer fraud

 

The standard of care is the measuring stick by which realtors are judged by both their peers and the public.  There are both industry accepted standards and written rules pertaining to the conduct of realtors.  There is a host of administrative rules and regulations pertaining to realtors which apply to advertising, contracts for sale and leases, broker insurance, obligations of licensees to public and each other, residential, rental, referral agencies, participation in trade associations, disclosures pertaining to mortgage financing, disclosure of affiliations and consumer information statements.

Probably the most common applicable standard to the average person either buying or selling a house is the obligation of a licensee to public and each other.  It is clear that a realtor owes certain obligations to both their client as well as the other customer.  The agents are required to comply with the state laws of agency and the principles governing fiduciary duties.  More importantly, each licensee is required to make reasonable efforts to ascertain all material information pertaining to the physical condition of every property for which they are accepting an agency.  The Administrative Code specifically sets forth the definition of a reasonable effort which includes at least inquiring to the seller or agent about physical conditions and visual inspection of the property if there are any readily observable conditions.  The Administrative Code defines material if a reasonable person would attach importance to its existence or non-existence in deciding whether or not in the fashion which they proceed with the transaction.  There are also various provisions with regard to disclosure of off-site conditions.