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Article 1.
It is the basic duty of every real estate professional to obtain
education with the specialty of Real Estate.
Therefore, the Real Estate Professional has
the obligation to be up to date regarding her field by being
informed of the changes that could affect the real property, not
only in her own city but also in the Nation in general. With
the knowledge acquired, he shall be able to contribute an
opinion in relation to rules, legislation, better use of the
land, planning, and other aspects related to real property.
Article 2.
The Real Estate Professional has the obligation to be
informed about real estate market conditions, since, among
others, his function is to inform his principal about the fair
value of real properties.
Article 3. One of the most important functions of a Real Estate
Professional is to protect his principal against fraud, abuse or
immoral practices in the real estate field. Consequently, it is
her duty to help prevent harm to the public as well as to
prevent any act that could injure the dignity and integrity of
the Real Estate profession.
If such acts were performed by a member of
the Mexican Association of Real Estate Professionals, the
person who becomes aware of such an act, must present proof to
the National Advisory Council so that, in accordance with AMPI
By-Laws AMPI can proceed to penalize the violator of this Code
of Ethics.
Article 4. Truth must be the guideline for the actions of the Real Estate
Professional. Upon accepting a property to administrate or to
sell, the Real Estate Professional shall inspect it before she
administrates it or offers it for sale to avoid mistakes,
exaggeration of qualities of the property offered, or hiding
information about it.
Article 5.
The Real Estate Professional shall not participate in
transactions that for any reason may damage the interests of any
of the contracting parties, or a third party, or another Real
Estate Professional.
Article 6. The
Real Estate Professional shall not contribute to the declaration
of false information in deeds or other public documents, nor
shall he make false declarations in the presence any authority.
Integrity in all actions shall justify the confidence deposited
in her by her principal.
Article 7. When using any means of publicity, the Real Estate Professional
must be very careful to provide accurate information in the
advertisement, since it must reflect the exact reality and by no
means should it be distorted.
Article 8. The Real Estate Professional, in order to protect the parties to
a transaction, must attempt to obtain, in writing, all facts,
promises and agreements related to each transaction. The exact
agreement reached by the interested parties shall be stated in
the related documents, which shall be signed by them. Each
party shall keep a copy of these, including the Real Estate
Professional who will keep one for his files.
SECTION
TWO. Relations with the Client
Article 9. Accepting any business from a principal involves the commitment
of promoting and protecting said client’s interests. This is an
obligation of loyalty towards someone who has entrusted him with
business. This duty, which is of utmost importance, involves
the need to act with absolute justice and honesty towards all
the parties involved in a transaction.
Article I 0.
As guarantee of the interests that have been put in the hands of
the Real Estate Professional, the latter must inform his Buyer
client truthfully about
a) Qualities and defects
of on the property proposed or desired.
b) The feasibility or
complexity of completion of the proposed transaction.
c) All the circumstances
involved in the business entrusted to him.
Furthermore, the real estate professional
must never oppose the wish of any of the parties to the
transaction to consult an attorney, notary or any other
professional with regard to:
I. Problems affecting the property.
II. Restrictions or limitations that could
affect the property.
III. Encumbrances etc, that could restrict
the use or enjoyment of the property.
IV. The structural soundness of the
construction.
V. Whether or not the correct materials were
used to build the property.
In general, the Real Estate Professional must
cooperate with all consultants and advisors that his principal
needs to consult with in order be comfortable with her real
estate transaction.
Article 11.
The fees collected by the Real Estate Professional must be fair
compensation for her work and knowledge on the subject, in
accordance with the policies of the area where the property is
located.
These fees can be calculated based on a
percentage of the purchase price, or can be a fixed amount.
An "over-price" (net listing) is unethical.
This is considered as unfair compensation that will damage the
interests, of the client who is selling.
Article 12.
In the event the Real Estate Professional is interested in
acquiring, for himself or for his company, a property that a
client listed with him, he shall inform his client of his
intention and suggest that a professional appraisal be
obtained. If both parties agree, the transaction shall be
carried out on that basis.
Article 13.
lf the Real Estate Professional is granted an exclusive right to
sell, she shall give priority to said listing. Therefore, the
Real Estate Professional may explain to her principal the
advantages that said exclusivity grants to both parties.
Article 14.
If the Real Estate Professional makes a payment on behalf of a
client and obtains a discount, said benefit shall always be
credited to client.
Article 15.The Real Estate Professional shall be extremely careful with
respect to confidential information confided by a client. She
must not divulge or give opinions or information about clients
or about that, which has been said to her in confidence.
Article 16.
In making a judgment about the value of a property, the Real
Estate Professional must carefully analyze all the elements
surrounding it, which could affect the business in question.
He shall never give an opinion regarding the
value of property in which he has or could have an interest
unless this circumstance is made clear and is perfectly
understood by the client. He shall never give an opinion about
the value of properties in which he is not experienced. In these
cases, if out of his area of expertise, the professional must
consult an appraiser expert in the field. Every circumstance
surrounding these cases must be disclosed to the client.
Article 17. The Real Estate Professional must obtain authorization from the
owner, before advertising a ´property. The Real Estate
Professional must never advertise properties that have not been
offered to him/her directly by the owner, and if an offer comes
from another agent, she must obtain written authorization from
the other agent to promote the property.
Article 18.
The Real Estate Professional must attempt to obtain written
offers presented on the properties listed with him. She is
obligated to present all written offers to the owner, whatever
the offer might be, with the purpose of allowing the owner to
compare and be able to decide whether it is acceptable or not
based, on the terms presented.
SECTION THREE.
Relations with other Real Estate Professionals
Article 19.
The Real Estate Professional shall not take advantage of other
colleagues. He has an obligation to share with them the
experience and knowledge that has been acquired through studies
and experience with different transactions.
Article 20.
In the event of a conflict between two Real Estate Professionals
of the same organization, resolution shall be made by a panel
formed by two members of the organization elected in accordance
with its Statutes. Said resolution shall never be turned over to
an outside court of law. The Real Estate Professional shall
accept and submit to the verdict issued by the aforementioned
panel.
Article 21.
If the Real Estate Professional is accused of unethical
practices and does not accept guilt, she may voluntarily present
the facts to the Directors of the National Advisory Council and
to the body stipulated in the Statutes.
Article 22.
The Real Estate Professional shall abstain from making comments
with respect to business actions performed by another Real
Estate Professional in the same Association. If his opinion is
officially requested, said opinion must be based on the absolute
truth and shall be given in a cordial and professional manner.
Article 23.
The Real Estate Professional shall not accept an exclusive
listing that is currently listed with another Real Estate
Professional. She shall respect the rights of the first one
until the term of said exclusive listing expires, even if the
owner wishes to change. Likewise, the Real Estate Professional
who accepts an option is obligated not to transfer her rights to
a third party without the consent of the initial Real Estate
Professional and the owner.
Article 24.
The Real Estate Professional should cooperate with other Real
Estate Professionals in making sales and in distributing the
commissions earned as agreed, in writing. In the event of sale
of an exclusive listing, the Real Estate Professional,
representing the buyer, must deal with her fellow Real Estate
Professional who gave her the property for sale and not with the
owner.
Article 25.
A Real Estate Professional shall not recruit the services of a
colleague's employee without previous consent of said colleague.
Article 26.
A sign offering a property for sale, rent or exchange should not
be placed by more than one Real Estate Professional.
Article 27.
In the best interests of the community, the Real Estate
Professional should be loyal to his local real estate
organization and to his colleagues, since this will benefit the
organization, its associates and his own business.
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