Disclose Any Fees Received From Recommending Real Estate Products or Services
A Realtor advertised real estate-related products and services on her website through links to the websites of “Preferred Providers.” The Realtor received a fee each time a visitor clicked one of those links. However, the Realtor did not disclose that they were receiving these fees, claiming that the links were merely advertisements and not recommendations. Does this constitute a violation of the Code of Ethics?
ORLANDO, Fla. – Dear Shannon: I’m a broker and have invested sizable resources into developing my website. Trying to recoup my costs, I approached nearly every provider of real-estate-related products and services in my area — including financial institutions, title insurance companies, home inspectors, mortgage brokers, insurance agencies, appraisers, exterminators, decorators, landscapers, furniture and appliance dealers, rug and carpet dealers, moving companies and others — about purchasing banner advertisement space on my website. As a condition of having a link to their websites appear on my home page, I require a fee be paid to me each time a consumer “clicks through” from my website to an advertiser’s.
Ads for providers of real-estate-related products and services that agree to my terms appear on my home page under the heading “Preferred Providers.” Immediately under that heading reads: “These vendors provide quality goods and services. Please patronize them.”
Recently, one of my buyers used my website to link to a rug company and bought a few expensive rugs. During installation, the store owner commented on the amount of referral business received from my website and that he only had to pay a small fee for each customer referred by me. My buyer was surprised that I would receive money for referring customers to providers of real-estate-related products and services and contacted the local association of Realtors®. The association provided my buyer with a copy of the Code of Ethics, and my buyer filed an ethics complaint against me, accusing me of violating Article 6.
The advertisements for real-estate-related products and services on my website, were only advertisements and not recommendations of the products and services. Yes, I collect a fee each time a visitor to my website clicks on the links found under “Preferred Providers” but simply referring to those advertisers as “preferred” doesn’t constitute a recommendation of the products and/or services offered.
I’m genuinely worried, and I thought I didn’t have to make these types of disclosures. Is this a violation of Article 6?
Dear Genuinely Worried: Thanks for reaching out. Other laws and rules may apply, but my answer will focus on NAR’s Code of Ethics. You don’t dispute advertising real estate products or services on your website, nor do you dispute receiving a fee for such advertising. Your contention is that the advertisements don’t constitute a recommendation of the real estate products and services and therefore don’t violate Articles 6.
Article 6 states: REALTORS® shall not accept any commission, rebate, or profit on expenditures made for their client, without the client’s knowledge and consent. When recommending real estate products or services (e.g., homeowner’s insurance, warranty programs, mortgage financing, title insurance, etc.), REALTORS® shall disclose to the client or customer to whom the recommendation is made any financial benefits or fees, other than real estate referral fees, the REALTOR® or REALTOR®’s firm may receive as a direct result of such recommendation. (Amended 1/99)
In relevant part, Article 6 requires Realtors when recommending real estate products or services, to disclose to the customer to whom the recommendation is made, any financial benefits or fees received (other than real estate referral fees) from making such recommendation. You claim the advertisements are not recommendations, however, these real-estate-related products and services providers are on your website under the heading “Preferred Providers.” Merriam-Webster’s Dictionary defines preferred as “liked better or best,” which a reasonable person might think is a recommendation. In addition, immediately under that heading on your website it reads: “These vendors provide quality goods and services. Please patronize them.” More than a mere advertisement, you are coming right out and asking customers who visit your website to patronize the real-estate-related service providers listed under Preferred Providers. This is certainly more than a simple advertisement and would likely be found by a professional standards hearing panel to be a recommendation of such providers. The fact that you receive a fee for such services should be disclosed. If this goes to a hearing, I would not be surprised if you were found in violation of Article 6.
Inspired by Case #6-6: Disclose Affiliated Business Relationships Prior to Recommending Real Estate-Related Products or Services. NOTE: Other laws and rules may apply.
Shannon Allen is an attorney and Florida Realtors Director of Local Association Services
Note: Advice deemed accurate on date of publication
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