Questions on new NAR Code of Ethics policy

According to Ben Martin of the Virginia Association of Realtors over at VARBuzz.com, NAR has revised its Code of Ethics:

"Standard of Practice 15-2 was amended and a new Standard of Practice was approved to strengthen members' obligations to refrain from making false or misleading statements about competitors, including in use of social media tools.

"The new amendment includes the duty to publish a clarification about, or to remove statements made by, others on electronic media the Realtor controls once the Realtor knows the statement is false or misleading. For example, if you're publishing a blog and someone posts a false or misleading comment about a fellow Realtor on it, it's your duty to remove the post or publish a clarification when you become aware of it."

That was Ben quoting from a newsletter sent out by NAR to association executives.

The amended language for 15-2 has been posted on VARbuzz.com, and I am reproducing it here for sake of analysis:

"The obligation to refrain from making false or misleading statements about competitors, competitors' businesses and competitors' business practices includes the duty to not knowingly or recklessly publish, repeat, retransmit, or republish false or misleading statements made by others. This duty applies whether false or misleading statements are repeated in person, in writing, by technological means (e.g., the Internet), or by any other means.

"The obligation to refrain from making false or misleading statements about competitors, competitors' businesses and competitors' business practices includes the duty to publish a clarification about or to remove statements made by others on electronic media the Realtor controls once the Realtor knows the statement is false or misleading."

It appears, unless one is obtuse in applying the language, that anyone bringing a complaint against another Realtor under 15-2 has to show two things: that the statement is false or misleading, and that the Realtor being complained about knows the statement is false or misleading. ...CONTINUED

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