e060221-1 Implied Loyalty in Marketing Agreement

Identifier: e060221-1

Date: 02/21/2006

Question

Is it an ethical violation to be tied to a brokerage by a marketing agreement, and getting substantial, if not exclusive, access to the inspection business from that brokerage, due to implied loyalties or other inescapable bias, even if there is no preferred vendor list, or similar written arrangement?

Response

Advertising or marketing with real estate brokers is a clear violation of 1.C of the Code of Ethics, if such marketing includes an explicit or tacit agreement to refer real estate clients to the inspector, by printed list of preferred inspectors, or by any other means.  In comparison, advertising or marketing with real estate brokers that does not include a written or quid pro quo agreement for referrals does not violate any specific provisions of the Code.  

Nonetheless, such joint marketing ventures may appear to compromise professional independence, objectivity, or inspection integrity, and should be undertaken with caution.  Home inspection clients should be able to have confidence that their inspector is not being influenced by the interests of the real estate agency for the transaction.  

Become a Member

Your success starts here with ASHI. Join the best in the Home Inspection industry – Become an ASHI Member today.