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Code of Ethics on giving something for using you as a realtor

I have been toying with the idea to give a free 32" samsung flat panel tv to anyone who uses my services as their buyers agent. Basically they purchase price of the home must be above a certain amount and with at least 3% commission must be paid by the seller. Is this illegal to do? Can I adverstise this? Some say yes others say no I am trying to find a more concrete answer with supporting documentation.

I found this in the code of ethics:

Standard of Practice 12-3

The offering of premiums, prizes, merchandise discounts or other

inducements to list, sell, purchase, or lease is not, in itself, unethical

even if receipt of the benefit is contingent on listing, selling,

purchasing, or leasing through the REALTOR® making the offer.

However, REALTORS® must exercise care and candor in any such

advertising or other public or private representations so that any

party interested in receiving or otherwise benefiting from the

REALTOR®'s offer will have clear, thorough, advance understanding

of all the terms and conditions of the offer. The offering of any

inducements to do business is subject to the limitations and

restrictions of state law and the ethical obligations established by any

applicable Standard of Practice. (Amended 1/95)

So as I read this I am fully within my right to advertise my free tv purchase program. Is this correct? Im in Florida by the way.

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Heather Joubran, GRI, NRBA, CLHMS, CDPE

RE/MAX Central Realty

www.HeatherTheRealtor.com     (407) 810-6304

Specializing in First Time Home Buyers, Short Sales, Bank Owned Real Estate, REO & Foreclosure Properties

Servicing Real Estate Needs in: Lake Mary, Longwood, Winter Springs, Sanford, Altamonte Springs, Oviedo, Orlando, Downtown Orlando, Thornton Park, College Park, Winter Park, Maitland, Windermere, UCF, Lake Nona, Baldwin Park, Apopka, Ocoee & Winter Garden

 

Comments

Heather, from reading that it seems that you can as long as you fully disclose all of the terms and conditions regarding the free giveaway.  You might also want to check with your CPA the limitations the IRS sets on gifts unless the giveaway can be considered marketing.
Posted by Mario Villagran, MBA, Realtor (U.S. Spaces) over 3 years ago
Check with your broker (that's what brokers are for), and also comply with your state license law.
Posted by Jim Crawford ~ Atlanta Real Estate-ABR E-PRO (RE/MAX Paramount Properties) over 3 years ago

I thought of doing something simuliar but for referrals.  I've been told that is wrong.  But as far as using it for buyers, it seems like it is okay...but of course it's better to be cautious! Check with anyone you can think of.

Good luck, I hope it works out for you! 

Posted by Andi Eddlemon-Long Beach,CA Real Estate Agent (Team Eddlemon) over 3 years ago
Yeah I have always been told it's wrong but no one really can support it with why it's wrong. Is it wrong because you arent willing to do it and dont want me to or is it legally wrong. According to the ethics it doesnt appear to be. I think I will call our legal hotline and see what they have to say.
Posted by Heather the Realtor - Orlando, Lake Mary First Time Home Buyers, Bank Owned Homes (RE/MAX Central Realty) over 3 years ago
The only giveaways we use are the closing gifts. I just don't feel comfortable doing anything else....I question the legality-
Posted by Bill's Blog - Florida Realty Professional - AHWD (Charles Rutenberg Realty) over 3 years ago

I don't see how this is unethical. If agents giving half their commissions back is standard practice, a t.v. is well within guidelines. I would argue that it's what the anti trust laws are all about. You are in control of your own pricing strategy. I hope this works out well for you.

I have developed several other ways to use less money which keeps clients happily referring for years.

All the best with your new marketing approach,

Dan Dowling

Posted by Dan Dowling - United Mortgage Capital Corp. over 3 years ago

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