Code of Ethics and Arbitration 2025 Changes

Galleria

The Code of Ethics has evolved with the industry for 100+ years. Here’s what’s new for 2025.

Dear Shannon: I’m our board’s Professional Standards Administrator.  I know the Code of Ethics has been around for over 100 years, the Code of Ethics and Arbitration Manual (Manual) changes along with the industry and, if there are changes, they take effect at the beginning of each year.  What are the 2025 changes? Thanks for the update. – What’s New

Dear What’s New: The Code of Ethics evolves with the real estate industry, and changes to the Code of Ethics and Arbitration Manual (Manual) go into effect on Jan. 1st of each year.  Here are 2025 changes to the Manual. Note: Underlining indicates additions and strikeouts indicate deletions.

  1. Amendment to Article 4, SOP 4-1 and new SOP 4-2:

Rationale:  The amendment to Article 4 incorporates the obligations currently outlined in SOP 4-1, and a new SOP 4-1 and SOP 4-2 have been added to give further clarity about conflicts of interest and the information that Article 4 requires to be disclosed.

Article 4

REALTORS® shall not acquire an interest in or buy or present offers from themselves, any member of their immediate families, their firms or any member thereof, or any entities in which they have any ownership interest, any real property without making their true position known to the owner or the owner’s agent or broker. In selling property they own, or in which they have any interest, REALTORS® shall reveal their ownership or interest in writing to the purchaser or the purchaser’s representative. (Amended 1/00)

REALTORS® who have a present ownership interest in property for sale or lease, or contemplated interest to purchase or lease property, must disclose in writing the existence of such interest to all parties to the transaction prior to a party signing any agreement.

Standard of Practice 4-1

For the protection of all parties, the disclosures required by Article 4 shall be in writing and provided by REALTORS® prior to the signing of any contract. (Adopted 2/86)

The present ownership interest in property for sale or lease, or contemplated interest to purchase or lease property, includes transactions in which REALTORS®:

  1. Represent themselves
  2. Represent a member of their immediate family
  3. Represent their firm or any broker or agent thereof
  4. Represent an entity in which the REALTOR® or member of their immediate family has a legal interest.

Standard of Practice 4-2

REALTORS® are not required to disclose the identity of the client or customer, nor the specific nature of the interest referred to in Article 4, but must disclose that an interest exists.

  1. Amendment to Standard of Practice 11-2: The obligations of the Code of Ethics in respect of real estate disciplines other than appraisal shall be interpreted and applied in accordance with the standards of competence and practice which clients and the public reasonably require to protect their rights and interests considering the complexity of the transaction, the availability of expert assistance, and, where the REALTOR® is an agent or subagent, the obligations of a fiduciary or the applicable agency duties required by law. Rationale: Many states have statutory or regulatory duties to supersede the common law term “fiduciary.”
  2. Amendment to Pathways to Professionalism, #6 under “Respect for Property,” Obtain permission from appropriate parties (e.g., listing broker) before photographing, videographing, or streaming the interiors or exteriors of properties, or allowing others to do so.
  3. Amendment to Part One, Section 6 and Part Seven, Section 31 confirming that appeals and procedural review proceedings are not recorded in any way.
  1. Amendment to Part Two, Section 14 (i) indicating that respondents are required to document compliance when cease or refrain is imposed as a sanction. 
  1. Amendments to Part Four, Sections 21 (e) and (f) clarifying that when a complaint is referred back to the Grievance Committee after a complainant withdraws, the Grievance Committee will receive both the complaint and response.
  1. Amendment of Complaint Form E-1 to include the date of closing or conclusion of the transaction, if applicable.  Rationale: May help calculate 180-day timeline for filing a complaint.
  1. Amendment Appendix VI to Part Ten clarifying when mediation must be offered.
  1. Amendments to Section 23 (d), Appendix V to Part Four, and Part Ten Section 55 (b) extending the 30-day deadline to hold an appeal or procedural review to 45 days. Note: All other references to thirty (30) days in the Manual for appeals and procedural reviews to be heard will be changed to forty-five (45) days.
  2. Amendments to Section 23 (c) and 55 (a) clarify the role of Board President and Professional Standards Administrator when reviewing appeals and procedural review requests.

Shaded portions of the 2025 Code of Ethics and Arbitration Manual highlight all Manual changes, so you’ll know what’s new.  Happy New Year!

Shannon Allen is an attorney and Florida Realtors Director of Local Association Services

Note: Advice deemed accurate on date of publication

© 2025 Florida Realtors®

©Florida Realtors®

Source link