Ethics and Professional Standards
Understand the ethical obligations of Philippine real estate professionals. Learn the Code of Ethics, disclosure requirements, prohibited practices, and professional accountability.
The PRBRES Code of Ethics
“A real estate service practitioner shall observe the following ethical standards: (a) He shall be faithful to his trust and shall not obtain any unfair advantage over clients; (b) He shall not acquire an interest in any property in his listing without the full knowledge and consent of the owner; (c) He shall not accept any commission, rebate, or profit from any party dealing with his client without the full knowledge and consent of all parties involved.”
What This Means
The Code of Ethics governs all licensed real estate practitioners. Core principles: (1) Honesty. no misrepresentation of property conditions, prices, or terms. (2) Fair dealing. no taking advantage of clients' ignorance or emotional state. (3) Transparency. disclose all interests, commissions, and material facts. (4) No self-dealing. cannot buy a listed property without full disclosure and client consent. (5) Professional competence. stay current through CPD, provide competent service. Violations are reported to PRC-PRBRES and can result in reprimand, suspension, or revocation of license.
- No self-dealing: cannot buy your own listing without owner's consent
- No secret commissions: disclose ALL compensation from all parties
- No misrepresentation: of property facts, market conditions, or terms
- Professional competence: maintain skills through CPD
- Violations: PRC can reprimand, suspend, or revoke licenses
Real-World Scenario
Broker Tan is marketing a property listed at P5,000,000. A developer friend privately tells her the city is planning a new road project that will increase property values in the area by 30-50%. Broker Tan considers buying the property herself through a relative.
What ethical issues arise from this plan?
Material Fact Disclosure Requirements
“A real estate service practitioner shall disclose to his client all facts and information relevant to the transaction which may affect the client's rights and interests, or influence the client's decision to enter into, or not to enter into, the transaction. He shall disclose any defect in the title or physical condition of the property to the best of his knowledge.”
What This Means
A "material fact" is any information that would influence a reasonable person's decision to buy or not buy. Brokers must disclose known material facts to ALL parties (not just clients). Common material facts: (1) Physical defects. flooding history, structural damage, termite infestation. (2) Title issues. encumbrances, boundary disputes, pending litigation. (3) Environmental. near fault lines, in a flood zone, contamination history. (4) Neighborhood. planned developments that affect value (positive or negative), crime issues. (5) Legal. zoning violations, building without permits, unpaid taxes. Failure to disclose can result in rescission of sale, damages, and license sanctions.
- Material fact = would influence a reasonable person's buying decision
- Must disclose to ALL parties. buyers, sellers, and other brokers
- Physical: flooding, structural issues, pests, water damage
- Legal: encumbrances, disputes, zoning violations, permit issues
- Non-disclosure liability: rescission of sale + damages + license sanctions
Real-World Scenario
Broker Cruz is listing a house and lot. She knows the property floods knee-deep during typhoons (she saw it herself 2 years ago). The seller asks her NOT to mention the flooding to potential buyers because "it only happens during strong typhoons." The property looks perfectly fine during viewings.
Should Broker Cruz comply with the seller's request?
Prohibited Practices and Penalties
“The following acts or omissions shall be grounds for suspension or revocation of the certificate of registration and professional identification card of a real estate service practitioner: (a) Unprofessional or unethical conduct; (b) Fraud, deceit, or misrepresentation in obtaining the certificate of registration; (c) Conviction of a crime involving moral turpitude; (d) Gross negligence, incompetence, or ignorance in the practice of the profession.”
What This Means
Prohibited practices include: (1) Practicing without a valid license (or with an expired one). (2) Misrepresenting property facts to induce a sale. (3) Commingling client funds with personal funds. (4) Engaging in discriminatory practices (refusing service based on race, religion, etc.). (5) Inducing breach of contract (convincing a buyer to back out of one deal to take yours). (6) Unauthorized practice of a different profession (doing appraisals without an appraiser license). (7) Net listing. where the broker's commission is everything above a minimum price (creates incentive to overcharge buyers). Penalties range from fines (P100K-P1M) to imprisonment (2-4 years) to permanent license revocation.
- Practicing without/with expired license: criminal offense
- Misrepresentation: grounds for rescission + damages + license sanctions
- Commingling funds: criminal (estafa) + license revocation
- Net listings: prohibited. creates unethical incentive structure
- Penalties: fines P100K-P1M, imprisonment 2-4 years, license revocation
Real-World Scenario
A broker's PRC license expired 6 months ago. She continues practicing, reasoning that she is "just waiting for the renewal to be processed." During this period, she closes a P15,000,000 sale and collects P750,000 in commission.
What are the legal consequences of practicing with an expired license?
Frequently Asked Questions
How do I report a broker who is engaging in unethical practices?
File a complaint with the PRC-PRBRES (Professional Regulatory Board of Real Estate Service). The complaint should be in writing, sworn under oath, and include: (1) the broker's name and PRC license number, (2) the specific violation committed, (3) supporting evidence (contracts, receipts, communications), and (4) your identity as complainant. The PRBRES will investigate and can impose sanctions ranging from reprimand to license revocation. You can also report to the NBI if criminal fraud is involved.
What is the CPD requirement for real estate professionals?
The PRC requires Continuing Professional Development (CPD) credits for license renewal every 3 years. Real estate practitioners must earn a specified number of CPD units through: seminars, trainings, conferences, academic courses, and self-directed learning activities. The exact number of required units is set by the PRBRES. Failure to complete CPD requirements means the license cannot be renewed. effectively preventing you from practicing. Keep records of all CPD activities and certificates.
Can I be held liable for a salesperson's mistakes?
Yes. Under RA 9646, the broker is responsible for the professional acts of their accredited salespersons. If a salesperson misrepresents a property, fails to disclose material facts, or mishandles client funds while acting within the scope of their duties, the supervising broker can be held liable. This is why brokers should: (1) properly train their salespersons, (2) supervise their activities, (3) review all documents before signing, and (4) establish clear procedures for fund handling. The broker's license is on the line for their salespersons' conduct.