Ethical Dilemma Evaluation & Testing Options

Ethical Dilemma Evaluation Checklist

  • Purpose: To guide real estate licensees in identifying and understanding an ethical issue before attempting to resolve it.

Key Questions in Defining an Ethical Dilemma

  • Clarity and Realism:
    • Is the ethical issue defined clearly and realistically?
  • Objective Perspective:
    • How would a stranger perceive the issue?
  • Source of the Issue:
    • Was the issue caused by an act of omission (failure to act) or commission (intentional action)?

Time-Related Considerations

  • Timing Sensitivity:
    • Is the problem time-sensitive, or was it caused by the timing of events?

Licensee's Responsibilities

  • Loyalty Obligations:
    • Do I or my brokerage owe a duty of loyalty to any party involved?
  • Decision Authority:
    • Is making this decision within my authority, or does it belong to someone else?

Personal Assessment by the Licensee

  • Suitability to Decide:
    • Am I the most suitable person to make this decision?
  • Dependence on Others:
    • Does my decision depend on the actions or decisions of others?
  • Self-Interest and Conflicts:
    • Do I have any self-interest in the outcome, or are there any conflicts of interest?

Final Questions in the Checklist

  • Discussion with Affected Parties:
    • Can I discuss the issue with the affected parties before making a decision?
  • Resolution Options:
    • What are my possible resolution options for the ethical dilemma?

Purpose of Testing Ethical Options

  • Evaluation: To evaluate if the preferred option can effectively resolve the ethical dilemma.
  • Unintended Consequences: To avoid unintended issues that may arise from the chosen option.
  • Impact Consideration: To consider the impacts of the chosen option on all parties involved.

Key Considerations When Testing Ethical Options

  • Reflection: Thoughtful consideration of the ethical implications.
  • Objectivity: Minimize emotional bias to ensure clarity and fairness in decision-making.