© 2011 cengage learning. ethics, fair housing, and respa ethics, fair housing, and respa chapter 3...

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© 2011 Cengage Learning

Ethics, Fair Housing,Ethics, Fair Housing, and RESPA and RESPA

Chapter 3Chapter 3

© 2011 Cengage Learning

© 2011 Cengage Learning

RATIONALE FOR CHAPTERRATIONALE FOR CHAPTER

• The real estate brokerage profession is about ethical, fair, and proper representation of others.

• This chapter shows how to use the golden rule as the basis.

© 2011 Cengage Learning

RATIONALE FOR CHAPTERRATIONALE FOR CHAPTER

This chapter also describes the rules and regulations found in the Real Estate Settlement and Procedures Act.

© 2011 Cengage Learning

RATIONALE FOR CHAPTERRATIONALE FOR CHAPTER

Knowledge of RESPA rules and regulations is key to not violate federal and state statutes that could result in sanctions and loss of your real estate license.

© 2011 Cengage Learning

CHAPTER THREE OUTLINECHAPTER THREE OUTLINE

3.1. WHAT IS ETHICS3.2 CODES OF ETHICS3.3 FAIR HOUSING AND ANTIDISCRIMINATION LEGISLATION3.4 THE CALIFORNIA BUSINESS AND PROFESSIONS CODE3.5 THE COMMISSIONER’S RULES AND REGULATIONS3.6 SEXUAL HARASSMENT3.7 RESPA3.8 CASE STUDIES

© 2011 Cengage Learning

WHAT DOES ETHICS MEANWHAT DOES ETHICS MEAN

Origin of the word “ethics.”

Benefits of ethical conduct.

Relationship between ethics and the law.

© 2011 Cengage Learning

CODES OF ETHICSCODES OF ETHICS

REALTOR® Code of Ethics history.How did the term Realtist come into being and who adopted it.California Code of Ethics.Refer to page 55 for an in depth understanding of Ethics.

© 2011 Cengage Learning

FAIR HOUSING & ANTIDISCRIMINATION FAIR HOUSING & ANTIDISCRIMINATION LEGISLATIONLEGISLATION

Why is antidiscrimination legislation needed & what is the real estate agent’s role?

© 2011 Cengage Learning

FAIR HOUSING & ANTIDISCRIMINATION FAIR HOUSING & ANTIDISCRIMINATION LEGISLATIONLEGISLATION

Define and discuss:• Steering• Redlining• Blockbusting

© 2011 Cengage Learning

FAIR HOUSING & ANTIDISCRIMINATION FAIR HOUSING & ANTIDISCRIMINATION LEGISLATIONLEGISLATION

Limitations on advertising.

© 2011 Cengage Learning

FAIR HOUSING & ANTIDISCRIMINATION FAIR HOUSING & ANTIDISCRIMINATION LEGISLATIONLEGISLATION

Discuss accommodations for a handicapped person in residential housing & the obligations and limitations of the tenant and landlord.

© 2011 Cengage Learning

FAIR HOUSING & ANTIDISCRIMINATION FAIR HOUSING & ANTIDISCRIMINATION LEGISLATIONLEGISLATION

Americans with Disabilities Act.

© 2011 Cengage Learning

FAIR HOUSING & ANTIDISCRIMINATION FAIR HOUSING & ANTIDISCRIMINATION LEGISLATIONLEGISLATION

NAR & HUD programs on “At Home with Diversity.”

© 2011 Cengage Learning

THE CALIFORNIA BUSINESS AND THE CALIFORNIA BUSINESS AND PROFESSIONS CODEPROFESSIONS CODE

• Discuss the disciplinary provisions stated in the various code sections & emphasize agent compliance.

• Section 2780 of the California Code of Regulations.

• examples of violations

© 2011 Cengage Learning

THE COMMISSIONER’S RULES AND THE COMMISSIONER’S RULES AND REGULATIONSREGULATIONS

• Article 10 of the Commissioner’s Rules and Regulations (page 74)

• What “color-blind” means to a licensee

© 2011 Cengage Learning

SEXUAL HARASSMENTSEXUAL HARASSMENT

• Definition & the consequences of improper behavior.

• Reference the golden rule as a guideline for proper conduct.

© 2011 Cengage Learning

REAL ESTATE SETTLEMENT REAL ESTATE SETTLEMENT PROCEDURES ACT (RESPA)PROCEDURES ACT (RESPA)

Describe the abuses that took place in the 1960s and early 1970s that led to the RESPA act (page 75).

© 2011 Cengage Learning

REAL ESTATE SETTLEMENT REAL ESTATE SETTLEMENT PROCEDURES ACT (RESPA)PROCEDURES ACT (RESPA)

• Who is covered by RESPA?• Who is not covered?

© 2011 Cengage Learning

REAL ESTATE SETTLEMENT REAL ESTATE SETTLEMENT PROCEDURES ACT (RESPA)PROCEDURES ACT (RESPA)

RESPA prohibitions.

© 2011 Cengage Learning

REAL ESTATE SETTLEMENT REAL ESTATE SETTLEMENT PROCEDURES ACT (RESPA)PROCEDURES ACT (RESPA)

• Affiliated business arrangements. • Proper disclosures and conduct that

must be practiced.

© 2011 Cengage Learning

REAL ESTATE SETTLEMENT REAL ESTATE SETTLEMENT PROCEDURES ACT (RESPA)PROCEDURES ACT (RESPA)

• Examples of permissible activities under RESPA.

• Examples of Prohibited Activities.

Review Case StudiesReview Case Studies

See examples page 80