When contracted to perform services relative to the production of a title search and title commitment, issuance of a title insurance policy or escrow on behalf of a buyer, seller, homeowner, borrower or other customer, a Member will pledge to objectively protect and promote the interests of their customer. This obligation to the customer is primary, but it relieves no Member of their obligation to treat all parties honestly, including when serving those parties who do not have contractual relations with the Member.
A Member will avoid exaggeration, misrepresentation, or concealment of pertinent facts relating to any real estate settlement services they provided or were engaged to provide.
A Member will cooperate in a timely fashion with other title agents, legal representatives, interested parties and real estate settlement service providers to resolve any cloud on title that arose from a prior transaction handled by the member and whose disclosure is not otherwise prohibited under law.
A Member will not engage or participate in any real estate transaction or business arrangement where a conflict of interest exists.
1. A Member will not undertake to provide real estate settlement services concerning a property where they, their family members, their firms or any members thereof have a present or contemplated interest unless such interest is specifically and timely disclosed to all affected parties, including principals, and informed consent is obtained from all affected parties.
2. A Member will not participate in any agreement or arrangement, whether oral or written, that results in the payment to any person of any commission, rebate, dividend, distribution or other thing of value received or provided to encourage a referral of real estate settlement business.
A Member will not commingle their own funds with any trust account or other special account required by law.
A Member will not deny real estate settlement services nor discriminate against any person for reasons of race, color, religion, sex, handicap, familial status, national origin, gender identification or sexual orientation.
The real estate settlement services which a Member provides to their customers will conform to the standards of practice and competence reasonably expected in the specific real estate settlement services disciplines in which they engage. A Member will not engage in or advise on matters outside their real estate settlement services license or disclose facts confidential under agency or non-agency relationships as defined by state law.
A Member will practice truth in advertising, marketing and other representations regarding their real estate settlement services.
1. A Member who knows of a violation of these Rules of Conduct that raises a question of any Member’s honesty, trustworthiness, or fitness as a Member in other respects, will inform the appropriate authority empowered to investigate or act upon such violation.
2. A Member who knows of a violation of any law or regulation that raises a question on any real estate settlement professional’s honesty or trustworthiness, will inform the appropriate authority empowered to investigate or act upon such violation.
3. A Member has a duty to cooperate fully with any professional standards proceeding or investigation and any regulatory enforcement action or investigation and will take no action to disrupt or obstruct any such process.
If convicted of a crime involving fraud, theft or dishonesty, a Member will automatically be expelled from the organization.