The 2023 Code of Ethics includes a section entitled “Other Relationships”.
Here are some Do’s and Don’ts from that section.
Do
- engage in mediation, settlement discussions, negotiation or arbitration to resolve a dispute (for all registrants)
- ensure that every salesperson and broker that the brokerage employs carries out their duties in compliance with this Regulation (for Brokerages)
- ensure that the brokerage complies with this Regulation (for Brokers of Record)
Don’t
- communicate information to a person who is a client of another registrant unless the other registrant has consented in writing
- obstruct or attempt to obstruct any person from making a complaint to the registrar
- obstruct or attempt to obstruct the registrar from making a written request for information with respect to a complaint
- obstruct or attempt to obstruct the registrar from receiving accurate or complete information in response to such a request
- induce or attempt to induce a person to withdraw a complaint about a registrant to the registrar
- include a requirement to withdraw or refrain from making a complaint to the registrar, in respect to an agreement to resolve a dispute
If someone is represented by another registrant then there shall be no direct communication with that person. The test here is “know, or ought to know”, so the registrant will have to make inquiries right from the outset.
When it comes to RECO complaints, stay away and stay out of this. You are allowed to make a settlement but that settlement cannot involve the matter of the RECO complaint.
Brian Madigan LL.B., Broker