Join Director of Ethics and Professional Standards Becky Carraher for the latest Illinois REALTORS® podcast, as she cites three of the most common Code of Ethics violations. One carries a maximum fine of $2,500, but two others cost $250 each. Listen to her explanations and you can avoid these mistakes. Plus, she explains how complaints are filed against members.

Full Transcript:

Jeremy Goeckner: Hello, and welcome to the IR weekly podcast, keeping you up to date with all of the latest news in the realtor world. I’m Jeremy Goeckner, and I am so happy that you could join us today for a very special episode with an incredible guest. Today, we are so excited to be joined on the podcast by Becky Carraher. Becky is the director of ethics and professional standards here at your Illinois REALTORS® and has been for the last 35 years. Needless to say, there is no one better to talk about our topic today, which is the Illinois REALTORS® ethics citation program, then Becky. She is such a subject matter expert on this, and we are so happy to have you in the studio today. Becky, welcome to the Illinois REALTORS® weekly podcast.

Becky Carraher: Thank you for having me.

Jeremy Goeckner: Yeah, we are really, really excited. So, let’s just dive right in here. Becky, so in the upcoming issue of the Illinois REALTORS® magazine you write about the ethics citation program. So, for those who are unfamiliar, would you tell us just a little bit about what the Illinois REALTORS® ethics citation program is?

Becky Carraher: Sure. The ethics citation program is an expedited process to file an ethics complaint. This program covers only specific articles and standards of practice within the Code of Ethics. If someone feels a REALTOR® has violated one of these specific articles or standards of practice, they may file an ethics citation complaint.

Jeremy Goeckner: There you go. Pretty straightforward there. So, who is it that can file an ethics complaint? Is it a pretty broad or is it kind of narrow?

Becky Carraher: No. Anyone can file an ethics, citation complaint, even anonymous complaints are allowed in 2021. We had 273 complaints filed through this program.

Jeremy Goeckner: Wow. Okay. So that’s great. So, there is an anonymous factor there, if you don’t want to to put your name forth on that. That’s correct. That’s very, very good. So, you know, this might sound like a, a weird question, but I’m very fascinated by this. So, like, what are some of the most common complaints that you receive? Because I think that can really inform how others do their job. You know, if they know what some of the common complaints are.

Becky Carraher: In 2021, the most frequently filed complaint was for a violation of Article 3 supported by Standard of Practice 3-9, which is providing access to a listed property on terms other than those established by the owner or listing broker, a REALTOR® should never enter a listed property without a confirmed appointment. A violation of Article 3 Standard of Practice: 3-9 is a potentially serious violation. Our members are not only assessed a $2,500 fine. Our members and their clients also run the risk of being charged with trespassing. The second most common violation was for Article 12. Article 12 requires REALTOR® to be honest and truthful in their real estate communications and present a true picture in their advertising, marketing and other representations. Article 12 also requires that a REALTOR® status as a real estate professional is readily apparent in their communications. This particular violation carries a $250 fine.

Jeremy Goeckner: Yeah. This actually reminds me a little bit when we had, Betsy Urbance on to talk about the new MLS policies and stuff. There was a big thing about that with truthfulness in your advertising. I remember one specifically was if you’re giving your services for free, you got to say that they’re free or like what specific ones there

Becky Carraher: Are. Yes, absolutely. You always need to be honest and truthful.

Jeremy Goeckner: Absolutely. So, is there one more?

Becky Carraher: Yeah. And the third, most common violation was for Article 12 supported by Standard of Practice 12-5. This standard of practice requires that the name of the REALTORs®’ real estate firm be readily apparent in all advertising and marketing. This violation also carries a $250 fine.

Jeremy Goeckner:  Absolutely. Michael Oldenettel and I talked about this a little bit a month ago with the Code of Ethics requirement coming up. Just go out of your way to be more and more truthful. Absolutely.

Becky Carraher: Every bit of advertising and as transparent as possible.

Jeremy Goeckner: Yeah, absolutely. And that, that is what we need. So, Becky, why is it so important that particular one in your own words there of identifying yourself disclosing your firm name, why do you think that is of paramount importance?

Becky Carraher: Well, when a member of the public sees a marketing piece for real estate that’s for sale or lease that member of the public should be aware that that property is listed with a real estate firm. And it’s not just a for sale by owner or a landlord, you know, that owns a property, that’s got something for rent. They should be aware that it’s listed by a real estate firm. And the name of that firm that has that property listed or for lease.

Jeremy Goeckner: Yeah, absolutely. So, you know, now that we know some of the most common violations here, so when there is an ethics violation that is suspected how is a complaint filed? And like, what is the process? What happens next after that gets, gets through?

Becky Carraher: Okay. All ethics citation complaints should be filed online. If you go to illinoisrealtors.org, you’ll find a section on the real, on the ethics citation program. There’s also a list of the citable violations within that program. Once a month, we have an appointed ethics citation panel. I think it consists of 12 members who go through and review all the complaints. If the panel determines there is a potential violation of the code of ethics, a citations issued a citation then is set to the person who filed the complaint. If it’s not anonymous, the respondent who’s issued the citation is emailed a copy of it, as well as the respondent’s managing broker, that respondent then has 30 days to either accept the citation or they can request a hearing on the matter. Okay. If they feel like they did not violate the Code of Ethics, if the fine is paid, the matter is then considered closed. And if a hearing is requested, the complaint then is set to the grievance committee for review and the grievance committee then would make the final determination if it goes forward for a hearing.

Jeremy Goeckner: Okay. Yeah. So that sounds a lot like traffic court a bit in a way. Not that I would know.

Becky Carraher: But, but very similar.

Jeremy Goeckner: Yes. Yeah, yeah. So, um, that is great. Like thank you so much for, for bringing a lot of that clarity here today, because I think it’s important that people know how this works.

Becky Carraher: Absolutely. And thank you for having me. Yeah,

Jeremy Goeckner: Absolutely. So, because of that the code is, central to being a REALTOR®. It’s important to have a means to ensure that our ethical standards are being upheld. So once again, Becky, thank you so so much for sharing all that info with us today on the IR Weekly Podcast.

Becky Carraher: You’re welcome. Thank you.

Jeremy Goeckner: That’s it for this week’s IR podcast. Thank you all for listening and as always give us a rating and a review on your podcast app of choice. And if you want any more content, simply search for Illinois REALTORS® on your favorite social media app, we’ll see you next week.