Deep Dive: The Code of Ethics in Real Estate

Explore this curated selection of expert-approved resources to deepen your insights and elevate your real estate business.

By Empire Learning 6 min read
Deep Dive: The Code of Ethics in Real Estate

All agents have to complete real estate continuing education, but the best don't stop there. Our industry is ever-changing, and the most successful agents are the ones who never stop learning.

That’s why we’ve put together this collection of deep-dive resources just for you. These resources go beyond what's covered in our Code of Ethics and Understanding Code of Ethics CE courses, giving you deeper insights, fresh perspectives, and actionable strategies to apply in your day-to-day business. So dive into these expert-approved reads and keep pushing your business forward.


1️⃣ LGBTQ+ Rights Tests NAR’s Code

In a groundbreaking ethics case, a Montana Realtor® and pastor was found guilty of violating the NAR Code of Ethics for engaging in anti-LGBTQ+ speech. This was one of the first major tests of NAR’s hate speech prohibition, sparking a fiery debate over professional conduct vs. personal rights. But the story didn’t end there—the Realtor® appealed the ruling, arguing it infringed on religious free speech, setting the stage for a high-stakes legal battle.

What does this mean for the future of real estate ethics? This case set a precedent for how Realtors® can be held accountable—even for speech outside of transactions. Don’t miss this deep dive into a case that shook the industry!

Disclaimer: As with all court cases, appeals and further rulings may affect the facts of this case past the time of this writing, so we encourage you to do your own research on any updates.

Original case:

Realtor ethics case involving gay rights, Montana pastor garnering national attention
A case involving a Missoula-area pastor, gay rights and the National Association of Realtors’ code of ethics may be the first legal test of the code, involving LGBTQ+ discrimination, an advocacy group says.

Updated Ruling:

Realtor panel finds Clinton pastor violated ethics for ‘hate speech,’ but pastor to appeal • Daily Montanan
A Clinton pastor and realtor who has clashed with a local and national realtors group over allegations he engaged in hate speech against LGBTQ people violated the industry’s Code of Ethics.

2️⃣ 6 Top Ethics Issues

Think ethics in real estate has changed with technology? Not so fast! While social media and digital marketing bring new dilemmas (i.e. what’s okay to post? 🤔), the biggest ethical pitfalls are still the classics: truthful advertising, full property disclosures, and fair handling of multiple offers.

In this insightful piece, ethics expert Bruce Aydt breaks down the most common ethical challenges agents face and how to handle them—like properly marketing “coming soon” listings, avoiding unauthorized access, and staying honest online.

Written in 2016 but still just as relevant today, this article is a must-read guide for every Realtor® looking to stay professional in a rapidly changing industry.

6 Top Ethics Issues Today
Times change but ethical challenges don’t.

3️⃣ AI Ethics and Commercial Real Estate Transactions

AI is transforming commercial real estate, but with great power comes great ethical challenges. This legal deep dive explores how AI is reshaping transactions—while also raising serious concerns about bias in tenant screening, fair housing compliance, and responsible decision-making.

If AI isn’t carefully managed, it can reinforce discrimination instead of eliminating it. Real estate pros, this is one trend you can’t afford to ignore! 🚀

AI Ethics and Commercial Real Estate Transactions | Frost Brown Todd
Commercial real estate professionals are increasingly using artificial intelligence (AI) tools to enhance transaction efficiency, but such tools also pose

4️⃣ Long Island Agents Sanctioned - Discrimination Exposé

Newsday’s shocking "Long Island Divided" investigation exposed widespread racial steering and discrimination by real estate agents—and the fallout was huge. New York regulators revoked three licenses, suspended seven more, and issued heavy fines as part of a crackdown on fair housing violations.

This case proves that fair housing laws aren’t just guidelines—they have teeth. Regulators are now stepping up efforts, including new fair housing training and testing programs. 🏛️

Three Long Island agents lose licenses over Newsday discrimination exposé
Newsday’s investigation into housing discrimination on Long Island has resulted in three licenses revoked from agents.

5️⃣ The Ethics of Affordable Housing

What happens when 400 low-income residents are displaced for luxury development? This case study from Santa Clara University’s Markkula Center for Applied Ethics tackles the tough questions: Do developers and city officials have a moral duty to protect affordable housing?

How do we balance profit and social equity? As housing costs soar, these debates aren’t just theoretical—they’re shaping the future of real estate. Where do you stand? 🤔

The Ethics of Affordable Housing
Santa Clara County Supervisor Joe Simitian leads a conversation about affordable housing in the Bay Area.

6️⃣ Private Property Managers, Unchecked

In federally subsidized housing, property managers are supposed to protect tenants—but what happens when they do the opposite? This academic analysis reveals serious ethical failings in Section 8 housing, where weak oversight allows some private management companies to mistreat, exploit, and even humiliate vulnerable residents.

From privacy invasions to financial insecurity and the constant fear of eviction, many tenants suffer due to a lack of accountability. The article calls for stronger enforcement and oversight so property managers uphold their duty to provide safe, fair housing—because ethics in real estate should never be optional. 🏠⚖️

Assure Tenant Rights | Stop Bullying Coalition

7️⃣ 10 Scenarios: Ethics Violations, Lawsuits or Worse

Even the most well-meaning agents can accidentally cross ethical lines—and the consequences can be severe. This article walks through 10 real-life scenarios where missteps—like failing to disclose a termite problem—could lead to lawsuits, lost commissions, or even revoked licenses.

Each situation comes with a “verdict” that explains what went wrong and how to avoid it.

10 scenarios that can get new agents ethics violations, lawsuits or worse | ECAR Eastern Connecticut Association of Realtors
Here are 10 hypothetical situations to help illustrate how you…

8️⃣ 5-Minute Summary: The NAR Code of Ethics

Real estate runs on trust, and the NAR Code of Ethics—in place since 1913—exists to ensure buyers and sellers are treated fairly. This 2024 breakdown highlights key ethical obligations Realtors® have to clients, the public, and each other—like disclosing all relevant facts about a property, even if it means risking a sale.

5-Minute Summary: The National Association of Realtors Code of Ethics
We’ve put together a quick refresher of the NAR Code of Ethics that will outline all the important pieces of information you need to know and remember.

A simple oversight—like delaying the deposit of an earnest money check—can quickly turn into a serious ethics violation. This real-world case study shows how an agent’s failure to confirm timely delivery led to a formal complaint, with the board ruling against them.

Even if a delay is unintentional, brokers are expected to enforce contract terms—which is why clear policies and proactive oversight are essential. Don’t let small mistakes turn into big problems. ⚠️🏦

Ordinary Care—Legal Case Study—October 2021 - Virginia REALTORS®
Ordinary Care In this case study, an agent forgot to deposit the earnest money deposit in a timely manner. Even though the agent was not responsible for the…