Citation
To uphold professionalism in our industry, the West Volusia Association of REALTORS® Board of Directors adopted a new Ethics Citation System to improve the process, and help protect buyers and sellers.
How the Ethics Citation System Works
A REALTOR® or member of the public can file a complaint against a West Volusia REALTOR®. The complaint can be anonymous.
A WVAR Citation panel will meet to review the complaint.
If the panel determines there is enough evidence, it will fine the REALTOR® based on the Citation Violation Schedule.
The REALTOR® has 10 days to appeal.
After an appeal, the complaint will proceed to the Code of Ethics hearing process.
In lieu of an appeal, payment is due.
If payment isn’t submitted within the time-frame allotted for the specific violation, WVAR membership privileges will be revoked – possibly including MLS access.
Why Use the Ethics Citation System?
For Complainants: The Ethics Citation System enables WVAR to more quickly discipline unethical conduct. Under the program, a complaint can be filed anonymously. The program is limited to certain Code of Ethics Articles (See schedule below).
To file a complaint, the complainant must support the alleged unethical conduct with written or other documented evidence. If the respondent chooses a hearing, WVAR would encourage the complainant to attend.
For Respondents: West Volusia REALTORS® who participate in the Ethics Citation System by paying the fine can avoid a time-consuming hearing process. This a confidential process that can save the embarrassment of a hearing process yet still provide due process rights to all parties.
REALTORS® who want to appeal will proceed to an ethics hearing. The hearing panel will then consider all evidence and make a determination whether a violation occurred.
Code of Ethics – Citation Violation Schedule
Article/Rule | Description | Fine Schedule |
Article 1:Supported By: SOP 1-16 | Accessing or using, or allowing others to access or use, a property managed or listed on terms other than those authorized by the owner or seller. | 1st - $500.00 2nd - $1,000.00 3rd - $1,500.00 |
Article 3:Supported By: SOP 3-9 | Providing access to listed property on terms other than those established by the owner or listing broker. | 1st - $500.00 2nd - $1,000.00 3rd - $1,500.00 |
Article 3:Supported By: SOP 3-2 | As a listing broker, attempting to unilaterally modify the offered compensation with respect to a cooperative transaction after a REALTOR has submitted an offer to purchase or lease that property. | 1st - $300.00 2nd - $600.00 3rd - $1,200.00 |
Article 3:Supported By: SOP 3-6 | Failing to disclose existence of accepted offers, including offers with unresolved contingencies, to cooperating brokers. | 1st - $100.00 2nd - $200.00 3rd - $400.00 |
Article 3:Supported By: SOP 3-8 | Misrepresenting the availability of access to show or inspect a property. | 1st - $100.00 2nd - $200.00 3rd - $400.00 |
Article 3:Supported By: SOP 3-4 | Failing to disclose existence of dual or variable rate commission arrangements. | 1st - $100.00 2nd - $200.00 3rd - $400.00 |
Article 3:Supported By: SOP 3-2 | Failure to communicate a change in compensation for cooperative services prior to the time that a REALTOR submits an offer to purchase/lease the property. | 1st - $300.00 2nd - $600.00 3rd - $1,200.00 |
Article 4:Supported By: Second sentence of Article 4 | Failing to disclose REALTOR ownership or other interest in writing to the purchaser or their representative. | 1st - $500.00 2nd - $1,000.00 3rd - $1,500.00 |
Article 5:(Limited to present interest, not contemplated) | Providing professional services without disclosing REALTORS present interest in property. | 1st - $500.00 2nd - $1,000.00 3rd - $1,500.00 |
Article 6:Supported By: 2nd Paragraph | Failure to disclose to a client or customer REALTORS financial benefits or fees as a direct result of recommending real estate products or services. | 1st - $500.00 2nd - $1,000.00 3rd - $1,500.00 |
Article 6:Supported By: 1st Paragraph | Accepting any commission, rebate, or profit on expenditures without client's knowledge or consent. | 1st - $500.00 2nd - $1,000.00 3rd - $1,500.00 |
Article 6:Supported By: SOP 6-1 | Failure to disclose REALTORS direct interest in an organization or business entity when recommending a client or customer that they use the services of that organization or business entity. | 1st - $300.00 2nd - $600.00 3rd - $1200.00 |
Article 12:Supported By: SOP 12-4 | Advertising property for sale/lease without authority of owner and or listing broker. | 1st - $500.00 2nd - $1,000.00 3rd - $1,500.00 |
Article 12:Supported By: Art 12 | Failing to present a true picture in real estate communications and advertising. | 1st - $500.00 2nd - $1,000.00 3rd - $1,500.00 |
Article 12:Supported By: SOP 12-6 | Failing to disclose status as both owner/landlord and REALTOR or licensee when advertising property in which REALTOR has ownership interest. | 1st - $500.00 2nd - $1,000.00 3rd - $1,500.00 |
Article 12:Supported By: SOP 12-8 | Failure to take corrective action when it becomes apparent that information on a REALTORS website is no longer current or accurate. | 1st - $100.00 2nd - $200.00 3rd - $400.00 |
Article 12:Supported By: SOP 12-1 | Failure to provide all terms governing availability of a "free" product or service in an advertisement or other representation. | 1st - $100.00 2nd - $200.00 3rd - $400.00 |
Article 12:Supported By: SOP 12-2 | Failure to disclose potential to obtain a benefit from third-party when REALTOR represents their services as "free" or without cost. | 1st - $100.00 2nd - $200.00 3rd - $400.00 |
Article 12:Supported By: SOP 12-3 | Failure to exercise care and candor when communicating the terms and conditions of premiums, prizes, merchandise discounts or other inducements to list, sell, purchase or lease. | 1st - $100.00 2nd - $200.00 3rd - $400.00 |
Article 12:Supported By: SOP 12-10 | Misleading consumers through deceptive framing, manipulating content, deceptively diverting internet traffic, or presenting others content without attribution or permission. | 1st - $500.00 2nd - $1,000.00 3rd - $1,500.00 |
Article 12:Supported By: SOP 12-12 | Registering or using of deceptive URL or domain name. | 1st - $500.00 2nd - $1,000.00 3rd - $1,500.00 |
Article 12:Supported By: Article 12 | Failing to disclose status as real estate professional in advertising and other representations. | 1st - $300.00 2nd - $600.00 3rd - $1,200.00 |
Article 12:Supported By: SOP 12-5 | Failing to disclose name of firm in advertisement for listed property. | 1st - $300.00 2nd - $600.00 3rd - $1,200.00 |
Article 12:Supported By: SOP 12-7 | Falsely claiming to have "SOLD" property. | 1st - $300.00 2nd - $600.00 3rd - $1,200.00 |
Article 12:Supported By: SOP 12-13 | Representing that the REALTOR has a designation, certification, or other credential they are not entitled to use. | 1st - $300.00 2nd - $600.00 3rd - $1,200.00 |
Article 14:Supported By: Article 14 | Failing to cooperate in a professional standards proceeding or investigation in circumstances when cooperation has been demanded by the Association, and Association has advised REALTOR consequences of non-cooperation through Art 14. | 1st - $300.00 2nd - $600.00 3rd - $1,200.00 |
Article 16:Supported By: SOP 16-16 | Conditioning submission of a buyers offer on additional compensation from a listing broker. | 1st - $500.00 2nd - $1,000.00 3rd - $1,500.00 |
Article 16:Supported By: SOP 16-19 | Placing sale/lease sign on property without permission of seller/landlord. | 1st - $100.00 2nd - $200.00 3rd - $400.00 |
Article 16:Supported By: SOP 16-16 | Conditioning submission of a buyers offer on additional compensation from a listing broker. | 1st - $500.00 2nd - $1,000.00 3rd - $1,500.00 |
Lockbox System Rules | Failure to return the contents of a lockbox after a showing (keys, cards or otherwise), or the removal of a lockbox without prior consent. | $150.00 per offense |
Lockbox System Rules | Use or allowing use of a lockbox key or device to open an lockbox by any individual who is not authorized to use the device. This includes not safeguarding a P.I.N/CBS Code or the disclosure of a P.IN./CBS Code that would result in unauthorized use. | 1st - $1,000.00 2nd - $1,500.00 3rd - $2,500.00 |