This Code of Ethics has been adopted by RE/MAX Thailand Region (“RE/MAX”) for use in your region. It is intended to promote the ethical and professional operation of the RE/MAX real estate organization. All RE/MAX Franchisees and Sales Associates in the region (collectively, “RE/MAX Affiliates”) are bound by the provisions of this Code of Ethics and have pledged to abide by such provisions as well as the spirit of this Code of Ethics. The Code of Ethics covers the conduct of RE/MAX Affiliates in connection with transactions in general, dealings with clients, and dealing with other real estate brokers, agents and salespersons, including other RE/MAX affiliates (“Real Estate Professionals”). It is the hope of RE/MAX that this Code of Ethics will help guide all RE/MAX Affiliates so that they operate in a manner that enhances the reputation of the RE/MAX organization and ensures that RE/MAX is perceived by the public and others in the industry as being the most ethical, professional, skilled, experienced and successful real estate organization.
Duties of RE/MAX Affiliates
Article 1: RE/MAX Affiliates shall keep informed of all relevant matters affecting real estate in their community, town, city, province and country.
Article 2: RE/MAX Affiliates shall be familiar with all relevant laws, ordinances, rules, regulations, public policies, customs, standards and practices affecting real estate in their community, town, city, province and country.
Article 3: RE/MAX Affiliates shall provide at least that level of competent service, fairness, and high integrity ordinarily expected by the public in its dealings with a Real Estate Professional. No RE/MAX Affiliate shall render advice concerning matters that are beyond their professional expertise.
Article 4: RE/MAX Affiliates shall undertake to receive regular, periodic training, educational and/or informational updates with respect to technology, tools, skills and other matters relating to their careers as Real Estate Professionals in an effort to advance their careers.
Article 5: RE/MAX Affiliates shall undertake to eliminate any practice by Real Estate Professionals in their community which could be damaging to the public or bring discredit to the real estate profession.
Article 6: No RE/MAX Affiliate shall engage in the unauthorized practice of law and shall recommend to their clients that legal counsel be obtained when the interest of the client requires it.
Article 7: At any time any party to a transaction signs or initials any document, RE/MAX Affiliates shall ensure that such party receives a copy of such signed or initialled document.
Article 8: No RE/MAX Affiliate shall mislead any seller, buyer, Real Estate Professional or other party to a transaction or use any deceptive or fraudulent practices in the conduct of his/her business.
Duties to Clients and Costumers
Article 9: RE/MAX Affiliates at all times shall protect and promote the interests of their clients while simultaneously treating fairly all parties to a transaction.
Article 10: RE/MAX Affiliates shall preserve confidential information provided by their clients in the relationship period and after. The agent shall maintain a professional relationship with their clients at any time.
Article 11: No RE/MAX Affiliate shall knowingly, during or following the professional relationships with their clients:
1) Reveal confidential information of clients; or
2) Use confidential information of clients to the disadvantage of clients; or
3) use confidential information of clients for personal material advantage or the advantage of third parties unless:
a) Clients consent after full disclosure; or
b) Required by law or court order; or
c) It is the intention of a client to commit a crime and the information is necessary to prevent the crime; or
d) It is necessary to defend the RE/MAX Agent’s or the RE/MAX employees against an accusation of Bad conduct.
Article 12: All RE/MAX Affiliates, to the extent possible, shall ensure that all financial obligations and commitments between RE/MAX Associates and their clients (include other agents) regarding real estate transactions are in writing by the applicable law.
Article 13: RE/MAX Affiliates shall maintain a special bank account in an appropriate financial institution, separated from their personal business funds, for monies coming into their possession in trust for other persons, such as deposit, banking deposit, and other like items.
Article 14: Signs giving notice of property for sale, rent, lease or exchange shall not be placed on property without the consent of the owner.
Article 15: RE/MAX Affiliates obliged to reveal the fact that he is the owner or is interested in buying the property in person (even family or friends)
Article 16: RE/MAX Affiliate that wish to recommend or suggest to their client the use of services of another organization or business entity in which the agent has a personal financial interest, The agent MUST fully reveal such interest at the time of the recommendation or suggestion.
Article 17: RE/MAX Affiliates, until the closing of a transaction, shall submit all offers to purchase to the seller as quickly as possible and in an objective and unbiased manner.
Article 18: RE/MAX Affiliates shall disclose the existence of an accepted offer to any broker, agent or salesperson seeking cooperation.
Article 19: RE/MAX Affiliates shall not enter into any arrangement to accept compensation, rebate, or profit from more than one party to a transaction without full disclosure to all the parties.
Article 20: A RE/MAX Affiliate acting as the exclusive agent of a seller shall establish the terms and conditions of offers to cooperate. Cooperating brokers, agents and salespersons should not assume that an offer of cooperation includes an offer of compensation. Entitlement to compensation in a cooperative transaction must be agreed upon between the listing and cooperating broker, agent or salesperson prior to the time an offer to purchase the property is produced.
Article 21: A RE/MAX Affiliate shall avoid exaggeration, misrepresentation or concealment of pertinent facts relating to any property or transaction, and shall disclose all defects in property known to such RE/MAX Affiliate, which defects substantially affect such property’s value or affect the intended use of such property; RE/MAX Affiliates are not obligated, however, to discover latent defects in the property or advise on matters beyond their expertise.
Duties to the Public
Article 22: RE/MAX Affiliates shall not deny equal professional services to any person for reasons of race, colour, religion, sex, handicap, familial status or national origin. RE/MAX Affiliates shall not be a party to any plan or agreement to discriminate against any person or persons on the basis of race, colour, religion, sex, handicap, familial status or national origin.
Article 23: RE/MAX Affiliates shall present true and accurate information in their advertisements and/or representations to the public and shall not deceive or mislead the public in any way by:
1) Presenting property out of perspective and/or exaggerating information;
2) Manipulating (e.g., presenting content developed by others) listing content in any way that misleads the result;
Article 24: The services which RE/MAX Affiliates offer to the public shall conform to the standards or practice and competence which are reasonably expected in the specific real estate discipline in which they engage. RE/MAX Affiliates shall not undertake to provide specialized professional services concerning a property type or service that is outside their field of competence unless they engage the assistance of a person competent in such area.
Article 25: RE/MAX Affiliate must disclose the name of the RE/MAX office and the phone number of the office that handle the property when advertising the property.
Article 26: Only if the RE/MAX Affiliate is the listing broker, agent or salesperson may he/she claim to have “sold” the property, even if the sale resulted through the cooperative efforts of another Real Estate Professional. However, after transactions have closed, the listing broker, agent or salesperson may not prohibit successful cooperating brokers, agents and salespeople from advertising their “cooperation,” “participation” or “assistance” in the transactions, or from making similar representations.
Duties to other Real Estate Professionals
Article 27: No RE/MAX Affiliate shall seek any unfair advantage over any other Real Estate Professional.
Article 28: In the conduct of their business, RE/MAX Affiliates shall strive to avoid controversy with other Real Estate Professionals.
Article 29: RE/MAX Affiliate shall avoid negative displays, disparaging or misleading comments about other real estate agents or brokers, competitors, business, their business practices or volunteer a biased opinion of another Real Estate Professional’s transaction(s) unless it’s positive.
Article 30: If a RE/MAX Affiliate is contacted by an owner of property regarding the sale of such property that is exclusively listed with another Real Estate Professional and the RE/MAX Affiliate has not directly or indirectly initiated the discussion, the RE/MAX Affiliate may discuss the terms upon which he/she might take a future listing or, alternatively, may take a listing to become effective upon expiration of any existing exclusive listing.
Article 31: All compensation (commission) owing in connection with a transaction shall be paid to the office directly and NOT to the individual agent.
Article 32: Negotiations concerning property which is listed exclusively with another Real Estate Professional shall be conducted with such Real Estate Professional and not directly with the owner of the property, except with the consent of such Real Estate Professional.
Article 33: Any RE/MAX Affiliate who obtains information from a listing broker, agent or salesperson about property that is for sale shall not convey this information to, not invite the cooperation of, a third party broker, agent or salesperson without the consent of the listing broker, agent or salesperson.
Article 34: Any RE/MAX Affiliate representing a buyer shall disclose such relationship to the Real Estate Professional representing the seller at the first available opportunity.
Article 35: Any RE/MAX Affiliate representing a seller of property shall disclose such relationship to buyers at the first available opportunity.
Article 36: No RE/MAX Affiliate shall solicit as a client, personally or by telephone, property owners who have been identified as having exclusively listed their property with another Real Estate Professional.
Article 37: No RE/MAX Affiliate shall distribute mail or other forms of written solicitations to property owners whose properties are exclusively listed with another Real Estate Professional when such solicitations are not part of a general mailing but are directed specifically to property owners whose properties are exclusively listed with another Real Estate Professional.
Article 38: Prior to accepting a listing, RE/MAX Affiliates have an affirmative obligation to make reasonable efforts to determine whether the property is subject to a current, valid exclusive listing agreement.
Article 39: RE/MAX Affiliates will NOT in any way, directly or indirectly for persuade another RE/MAX Affiliate solicits him to join another RE/MAX office. If RE/MAX Affiliates contact proactively another RE/MAX Broker, Agent or Staff for information on working in the office of RE/MAX, that person may provide information on the conditions of work in the same office and actively recruit him.
Duties to your Broker/Franchise Owner
Article 40: Listings Contracts. RE/MAX Agent shall act as a real estate sales agent exclusively on behalf of and in the name of Broker. All listings sale or rental and all other real estate related service contracts, Shall be taken only in the name of Broker. All Real Estate Service Agreements shall be submitted by the RE/MAX Agent to Broker within one business day after being received by RE/MAX Agent, and shall become and remain the exclusive property of Broker.
Article 41: RE/MAX Agent financial obligations – RE/MAX Agent will be responsible for his own fees such as: RE/MAX yearly Memberships fee, Advertising, Insurance, Training, License, personal expenses and etc.
Violations of the Code of Ethics will be addressed by RE/MAX in a manner that it deems appropriate, acting in a fair and reasonable manner. Violations of the Code of Ethics may also be violations of certain contractual arrangements, possibly resulting in the disaffiliation of the RE/MAX Affiliate from the RE/MAX organization. The provisions of this Code of Ethics are subject at all times to applicable law. If any provision of the Code of Ethics is inconsistent with any applicable law, ordinance, rule or regulation, then such law, ordinance, rule or regulation shall control. This Code of Ethics may be amended from time to time by RE/MAX in order for it to conform to the customs and practices of Real Estate Professionals in a particular country or jurisdiction within your region. The term “Code of Ethics” as used herein shall refer at all times to the RE/MAX Thailand Region Code of Ethics as it may be amended from time to time.
The undersigned does hereby agree to abide by the specific provisions as well as the spirit of the RE/MAX Thailand Region Code of Ethics, as it may be amended from time to time.