Conduct Unbecoming

The Cost of Free Speech | The UCSB Current

Question:

If a realtor is spreading unkind or derogatory remarks about a-non realtor in her community is she subject to any recourse through RECO? I believe we are not to do that to other realtors, but what about individuals in the general public?

Answer:

The CREA Code extends beyond the RECO Code and could be used to censure some statements. In particular, s. 21 dealing with “conduct unbecoming” might be applied.

The civil law of “libel and slander” is likely all that applies. A full and complete defence is that the statement was “true”.

At the present time “unkind and derogatory” comments are both covered and protected by “free speech”.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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