Thursday, May 4, 2023

I have a folder in Microsoft Outlook named “future column ideas.” I go to it for inspiration when confronted with a blank screen and an imminent copy deadline.

Gleaned from the folder, today, is this nugget:

When surveyed by our consultant Brian Friedrich (recently passed), some “40 per cent of the participants (at a Young Professionals meeting) did not feel that a REALTOR® had a duty to the public.”

A tad shocking, n’est pas? Perhaps the way the question was posed may have contributed to the result, but if this number is even close to being accurate, it’s something for all of us to think about. I wonder if the result would have been the same if the question had been asked of a larger, more general group of our members?

“What’s a professional?” I asked Dictionary.com). (Does this remind you of those high school English classes we all had to endure?) Here are some answers:

As an adjective:

  • Following an occupation as a means of livelihood or for gain: a professional builder
  • Of, relating to, a profession: professional studies
  • Appropriate to a profession: professional objectivity
  • Engaged in one of the learned professions: a lawyer is a professional person
  • Following as a business an occupation ordinarily engaged in as a pastime: a professional golfer
  • Done by an expert: professional car repairs

As a noun:

  • A person who belongs to one of the professions, especially one of the learned professions
  • A person who earns a living in a sport or other occupation frequently engaged in by amateurs [no rude remarks please]
  • A person who is expert at some kind of work

Real Estate Board of Greater Vancouver former CEO, the late Bob Wallace, liked to offer up comments on “professional,” some of which are paraphrased here:

  • “You don’t get to call yourself a professional. It’s an honourable title bestowed on you or your profession by others.”
  • “The hallmark of a professional is someone who engages in lifelong learning about their profession, constantly improving themselves for the entire time they are in the profession.”
  • “While professionals have client duties, they also have a duty to keep the public interest in mind.”
"Lawful instructions aren’t always good instructions. They’re not always ethical ones, either. If followed, they may sometimes lead to individual and collective reputational harm. "
- Kim Spencer

Bob’s comment about the need for professionals to consider the public interest is relevant to the large group of surveyed members who answered “no” to the survey question, “Do you have a duty to protect the public interest”

If I had to guess, I’d say that the number of “no” answers may be the result of our decade-long focus on agency duties, a primary one being to follow our clients’ instructions. Is it possible some of us interpret that general standard to mean, “I am going to follow my client’s lawful instructions, no matter what?”

Remember, the law (and statutory requirements) and ethical duty don’t always line up. Lawful instructions aren’t always good instructions. They’re not always ethical ones, either. If followed, they may sometimes lead to individual and collective reputational harm. An example that immediately comes to mind is public discourse on how multiple offers (so-called blind bidding).

I suggest keeping the public interest in mind in your real estate travels. Would you march off a cliff if your client told you to? I doubt it. You are entitled to refuse an instruction, but you’ll have to be prepared to end the relationship. I hope you don’t ever have to make that decision.

Balancing client instructions and the public interest isn’t always easy. There can be shades of grey. Assess the instruction: Is it lawful? Is it ethical? Is it something you’d be comfortable doing, given that we are professionals and we do have a duty to keep the public interest in mind?

If you’re comfortable that the stars are aligned, fine. If not, don’t be afraid to have a frank discussion with your client, explaining why their instruction isn’t one you feel comfortable carrying out.

I wish you the best.