CODE CHECK
A CLOSER LOOK AT CODE OF ETHICS ARTICLE 15
Knowing or Reckless False Statements About Competitors


CASE STUDY 1 >> DATA DISPUTE
REALTOR A operated a residential brokerage firm in a highly competitive market area. He frequently used information from the MLS as the basis for comparative ads and to keep close track of his listing and sales activity as well as his competition.


One day, while reviewing MLS data and comparing it to a competitor’s ad, REALTOR A noticed that REALTOR Z had used a diagram to demonstrate his market share, contrasting it with those of several other firms. The ad showed that REALTOR A had listed 10 percent of the properties in the MLS over the past three months.


REALTOR A thought this was low. His analysis of MLS data showed his market share was 11 percent. REALTOR A filed an ethics complaint against REALTOR Z citing Article 15 of the Code of Ethics in that REALTOR Z’s “obviously understated market share claim” was a “misleading statement about competitors.” REALTOR A’s complaint was considered by the Grievance Committee which determined that an ethics hearing should be held.


At the hearing, REALTOR Z testified he had always been truthful in his advertising and that all claims were based in fact. He produced an affidavit from the Board’s MLS administrator which indicated that a programming error had resulted in miscalculations and, after careful recomputation,


www.garealtor.com GEORGIA REALTOR I 11

Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39