Consider the Code: Ethics for Everyday
NAR’s long-standing Code of Ethics provides consistent standards, guidelines, and language, which ensures REALTORS® conduct business with integrity. The Code is more important than ever when serving your clients and differentiating yourself as a professional. Consider the Code, Standards of Practice, and Case Interpretations to help guide your business decisions.
Question:
There is a real estate agent who makes insulting statements on social media about members of a political party that is different from his own. I’ve heard that NAR recently made this a violation of the REALTOR® Code of Ethics. Is that true?
What does the Code say?
Standard of Practice (SOP) 10-5: REALTORS® must not use harassing speech, hate speech, epithets, or slurs based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity. (Adopted and Effective 11/2020)
Answer:
Since political affiliation is not a protected class under this SOP, Article 10 of the Code, or in the federal Fair Housing Act, speech that relates to political views does not constitute a violation of the Code of Ethics.
That said, the National Association of REALTORS® (NAR) and Boise Regional REALTORS® (BRR) do not encourage speech that could harm the reputation of the agent, brokerage, the associations, or the REALTOR® brand, and recommend all REALTORS® be mindful of their professional reputation in person and online, with the awareness that personal and business profiles are often seen by consumers as one in the same.
Some context as to where this question comes from…
The new SOP 10-5 was adopted by the National Association of REALTORS® (NAR) to expand on Article 10 of the Code of Ethics, which states that “REALTORS® shall not deny equal professional services to any person for reasons of race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity.” Unfortunately, there were instances of REALTORS® using harassment and hate speech on social media, but there was no recourse for members or consumers to file an ethics complaint without also having evidence of unequal treatment based on those views, creating the perception that this behavior was allowed within the industry.
As it is with any potential violation of the Code of Ethics, SOP 10-5 still requires a formal complaint and ethics hearing be conducted, and NAR’s 2021 Code of Ethics and Arbitration Manual provides this guidance for such hearings: “10-5 is not focused on types of speech that might be subjectively deemed ‘offensive’ or ‘discriminatory’ by one person and not another. The Standard of Practice is based on very particular types of speech that are directly connected to the protected classes of race, color, religion, sex, handicap, familial status, national origin, sexual orientation or gender identity under Article 10.”
You can also read more about the adoption of this Standard of Practice here: NAR Board of Directors Approves New Personal Conduct Policy Addressing Discrimination and Drawing a Line: Changes to the NAR Code of Ethics hold members accountable for discriminatory speech and conduct. Further, REALTORS® are encouraged to utilize NAR’s Social Media Resources to learn more about suggested best practices and tips for managing social media accounts in general.
Specifically to the question of making political statements as a REALTOR®, Katie Lance, an industry social media expert, had this to say in a recent Center for REALTOR® Development Podcast: “Generally, I think you can talk about [politics], but I think you need to talk about it in a respectful way. I don’t think there is ever a reason to be blatantly disrespectful, or to be rude, or to bash anyone… I think we all should come at it from a leadership perspective.”
