TRESA Code of Ethics: Fraud and Misrepresentations

Now that the TRESA Code of Ethics is in force, there are some changes.

Let’s look at a few of the provisions.

Fraud and Misrepresentations

The Old Code stated:

Inaccurate representations

          37.  (1)  A registrant shall not knowingly make an inaccurate representation in respect of a trade in real estate.  O. Reg. 580/05, s. 37 (1).

          (2)  A registrant shall not knowingly make an inaccurate representation about services provided by the registrant.  O. Reg. 580/05, s. 37 (2).

Error, misrepresentation, fraud, etc.

          38.  A registrant shall use the registrant’s best efforts to prevent error, misrepresentation, fraud or any unethical practice in respect of a trade in real estate.  O. Reg. 580/05, s. 38.

The New Code states:

Fraud

4. A registrant shall not engage in or be a party to fraud.

Misrepresentation, etc.

5. In carrying on business, a registrant,

(a)  shall make best efforts to ensure that any representations are accurate and are not misleading; and

(b)  shall not engage in or be a party to misrepresentation or any unethical practice.

COMMENT

Inaccurate Representations

We start out with “inaccurate representations”. The Old Code said the real estate agent was not to make such a statement “knowingly”. Now, that has been moved over to “best efforts”.

Error

The Old Code said “best efforts” to prevent error. This matter is overlooked in the New Code.

Fraud

The Old Code said “best efforts” to prevent fraud. The New Code says “not engage”. So, simply don’t do it.

Misrepresentation

The Old Code said “best efforts” to prevent misrepresentation. The New Code says “best efforts to ensure that any representations are accurate and are not misleading”.

Unethical Practice

The Old Code said “best efforts” to prevent unethical practice. The New Code says “not engage”. So, simply don’t do it.

In summary:

ISSUE                                               REBBA                         TRESA

Inaccurate                                         knowingly                      best efforts

Error                                                  best efforts                      omitted

Fraud                                                 best efforts                      not engage

Misrepresentation                            best efforts                      best efforts

Unethical                                           best efforts                      not engage

Conclusion

All in all, this would appear to be an upgrade in respect to an agent’s duties. Best efforts is an upgrade over knowingly, and not engage is an upgrade over best efforts.

It does seem surprising that the entire issue of “errors” was simply overlooked. Hopefully, on any significant issue, inaccurate representations, misrepresentations, fraud and unethical practice would be sufficient to catch such a problem.


Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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