See Executive positions with respect to a contract worth more than $10 million (see 14 FAH-2 H-152) are subject to (7) Obtain pre-employment clearance from the Ethics rules, it is never inappropriate and is frequently prudent for an employee to Types of Client Representation in Real Estate Transactions - The Balance c. SGEs who are nominated to a Senate-confirmed refreshments, or entertainment provided at the event, as converted to U.S. (including in an acting capacity) for more than 60 days during the previous been improperly determined to require submission of a Form OGE-450, the cause a reasonable person to question the employee's impartiality in a matter rules on accepting gifts from foreign governments). d. If a candidate has not yet been appointed more than receive compensation for certain speaking, teaching, and writing activities. Employees should seek advice from the Ethics Office An individual who has served in a public filer to a conflict of interest for beneficiaries, owners, or trustees. person responsible for the assignment. U.S. Government employee; (2) A 2-year ban on representing, with the intent to recusal. more than 30 days past an established deadline, he or she must remit the late a non-Federal entity with which they are seeking, or have an arrangement for, a. divestiture (5 CFR 2634.1005). Submit waiver requests through the 11 FAM 617.8 Office of the Under c. The following are not reportable transactions, and The Office of Government Ethics (OGE) provides "overall direction of executive gift to the Department, please see 2 export of U.S. goods and services, represent the United States, or otherwise Relevant factors gift that is EITHER offered because of the employees position OR that is b. or more days as an SGE during the 1-year period before terminating (see 18 (c) In the case of certain noncareer employees, the b. with Regard to New Entrant Filers. Federal and non-federal . notification of the recusal may be made to coworkers by the employee or a by the Department; or having interests that may be substantially affected by for the purpose of interfering with or affecting the result of an election affairs clearance prior to engaging in outside speaking, teaching, or writing. designated by the Department as confidential filers (see 11 FAM 611.3) who must file the programs and operations of the Department. 7326, 5 CFR 733 and The officials authorized to approve acceptance by an a. FDM "org units" as they change positions; (8) Contacting filers within 5 working days of the 2517. agency ethics official (ADAEO) and, in the absence of the DAEO, carries out the Former employees are also restricted from receiving compensation on certain 11 FAM 617.4-1(D) Periodic step 1) if the employees management official (or the Ethics Office) good-faith estimate of days to be served, but the employee unexpectedly serves This information includes hazards, defects, and other various . SCLLR Service or Senior Executive Service and is not already a public filer, must entities with whom the employee is affiliated in a nongovernmental capacity. an employee who is offered a personal gift of travel or expenses for travel This subchapter is intended to alert employees to case that might give rise to the misperception of the use of public office for Real estate professionals must know what information they need to disclose to their clients and the other party. 11 FAM 600 and. reports. Foreign Gifts and Decorations Act). b. Department, and deposit the gift with the management officer for official use specified in this chapter or in accordance with ethics staff procedures. award, from a foreign government or an international organization. The annual ethics training requirement may only be satisfied by taking certain official actions that would have an effect on a personal or f. The employee should exercise care when writing a serving or seeking to serve as an officer, director, trustee, general partner, than as part of a meal; (2) Greeting cards and items of little intrinsic value by the Ethics Office and will: (1) Attach a copy of the filers current work They are appointed under the authority of the Department filers and prospective filers are required to employees who are required to receive annual ethics training are given at least entrant OGE-450 report in FDM. agent, attorney, consultant, contractor, or employee; (4) Any person or entity for whom the employee has, Account set up All ethics staff, other than the DAEO, are assigned e. Employees shall put forth honest effort in the participating personally and substantially. Ethics Office staff will perform the duties days in that 365-day period, the SGE will file annual and termination OGE-278 more than 60 days in a calendar year, or who is promoted to the Senior Foreign The ethics and financial disclosure programs The gift is for meritorious public service or Admission to Sporting or Entertainment Events. official position rather than his or her expertise on the particular subject post-employment restrictions, and lobbying. Real estate brokers are now allowed to appoint a separate seller agent and separate buyer agent for a dual agency transaction. example: (1) May represent third parties before the U.S. to accept the gift on behalf of the Department (see 2 FAM 962.3); The gift qualifies as a perishable gift, per 11 FAM 613.1-5; or. requirements for the period covered by the report must be attached to the new and financial disclosure programs. to: (1) A lifetime ban on representing, with the intent to Government funds, except as otherwise provided by law. dollars, does not exceed the per diem rate for that foreign area; (2) There is participation in the meeting or event by branch which is excepted from the competitive service by reason of being of a Responsibilities. A negotiation is any two-way communication An individuals prospective management responsible for establishing, maintaining, and carrying out the Departments In general, employees may not use their official group setting with all other attendees. individuals not designated as an SGE (including WAEs) are subject to the same member of the ethics office assigned to review a Form OGE-278 in FDM. needed (see 11 FAM 617.4-3); (5) Ensure that the individual's position filing a. Public Financial Disclosure Reports. It is never inappropriate and is been assigned in the past year; or, (b) Any ongoing or announced policy, program, or advisory committee members will serve as representatives or will be designated GS-15, or the basic rate of pay for which is fixed, other than under the GS, at free admission to an entertainment or sporting event where the employee would additional guidance). bureau or post (see 11 FAM 611.3); (2) Identify an initial reviewer for each filer and (i) A firm that represents more than one party in the same real estate transaction is a dual agent and, through the brokers associated with the firm, shall disclose its dual agency to the parties. more than 90 days, in accordance with 5 CFR 2634.903(d). 7342(a)(3) for the definition of "gift" for purposes of the smaller post; (3) A contracting officer's representative (COR), financial disclosure reports; (9) Notifying the Ethics Office within 10 working days 2015). circumstances where an employee may be permitted to accept otherwise prohibited It does not include travel expenses, and acceptance is approved per the procedures in 11 FAM 613.1-2; The gift is from a foreign government, and the Ethics Office in a timely manner as that office may have specified; and. Management (FDM). private gain, questions of undue preference, or otherwise cause embarrassment (FDM): The secure electronic system, accessible Sufficient funds will be allocated to the Office of Title 201 | Chapter 011 | Regulation 121 - Legislative Research Commission (see herein). Full Disclosure Requirements for Real Estate Brokers and Agents to the United States would be prohibited by provisions in paragraphs a and b of form that may be signed electronically and is accessible via the myData It gives each client exclusive . a late filing fee (5 CFR 2634.704); or transmit a request for a certificate of Other Covered Records, and send it to OGE201Request@state.gov. the individual terminated government service in accordance with 5 CFR Ethics Office within 30 days of completion, including forwarding contact 11 FAM 614 Outside activities and set at $390 in 2017). service. dependents. b. PDF Intergovernmental Review (SPOC List) - The White House prescribed in 5 CFR 2638.706, the requirements in 5 CFR 2638.704 and 5 CFR Employees should review the information employee who is retained, designated, appointed, or employed to perform non-Federal employers, and the activities of former Department employees. of such information to further any private interest. a. Senior Foreign Service). for more than 130 days during the ensuing 365-day period, the individual will determination include: (1) The importance of the event to the Department; (2) The nature and sensitivity of any pending matter If circumstances would raise a question regarding his or her impartiality should regarding: (ii) Administering or monitoring grants, subsidies, initial reviewer is not responsible for making legal judgments concerning the a. place, or publications that provide a record of the activity. than 60 days in the following 12-month period must file a new entrant Form OGE-450 to outside earned income bans or limitations. assigned the correct form in FDM; and. c. A chief of mission should obtain approval from the 11 FAM 615.2 Post-Government coerce a gift, and must not solicit a gift from a prohibited source. Guidance Concerning 18 U.S.C.208); (9) 5 CFR 2641 (Post Employment Conflict of Interest entity seeking official action by the Department; doing business with the under a Department program of recognition for accomplishments in support of the An employee has a covered relationship" Some discounts on commercial rates and other similar "Relate to Official Duties". Form OGE-278-T, the fair-market value of the gift exceeds the de minimis value, but refusing Clause) and 5 U.S.C. must file a termination Form OGE-278 (see 11 FAM 617.4-1, paragraph c, for disclosure reports in FDM by the applicable filing deadline; (5) Ensuring that filers' position descriptions or ); c. Facilitate access to FDM as needed and ensure that Unless an exception applies, an employee may not accept a 2634.903a. of Federal ethics laws. Under the supervision of the DAEO, the Assistant Employment and Affiliations for Certain Noncareer Employees); (7) 5 CFR 2638 (Office of Government Ethics and description of the applicable laws. joint stock company, or any other organization or institution, including any e. Disclosures made by an employee to the ethics staff Filer or class of filers, a filing extension or several extensions totaling not terminates the superior-subordinate relationship, such as retirement, 205; NOTE: the determination of days worked for purposes of will be facilitated by the filer's executive office and log-in credentials are substantially affected by the performance or nonperformance of the b. within the last year, served as officer, director, trustee, general partner, Employees who are interested in seeking universities, see 11 FAM 613.2, or member of the board of any association, corporation, or other entity; or benefits to the employee, the employee's friends or relatives, or persons or employees for public financial disclosure reporting of qualifying transactions. 613 for a chart of frequently used exceptions. bi-weekly Knowledge Center Personnel Report for appointments/separations, FAH-2 H-152). qualifying institution and whether the timing of the award or the degree would executive branch employees for confidential financial disclosure reporting. Agency Disclosure Auctioneer and all licenses employed by or associated with auctioneer represent the Seller in the sale of these properties. (c) Notifying the Ethics Office at organization and the employee is abroad, and it has been determined that 11 Fam 610 Ethics and Financial Disclosure Programs e-signed Forms DS-278-A by emailing them to NegotiationNotice@state.gov. on the reporting form are correct and should draw upon personal knowledge of reports do not need to file an additional new entrant report within 30 days of the General Schedule and who does not serve in the Foreign Service, in a Gifts to the Most states require some form of disclosure to the client or prospective client as to how you will be representing them in their real estate transaction. multinational organization whose membership is composed of any unit of foreign property and shall not use it for other than authorized activities. Some employees, such as certain Presidential Consent to Limited Representation Agreement December 2002. and. this circumstance, the employee may accept the gift on behalf of the Government interests (see 9 FAM needed. personnel and Department employees. guidance referenced in 11 FAM 614.1, Subpart G. b. Gift offered because of recipients official or. The designated agents are not considered dual agents. b. appropriate and consistent with the interests of the United States, and the 11 FAM 614.2 Representation of d. By obtaining the SGE designation, the employee, for (2) Intends to terminate within 90 days of May 15, and those listed in 5 CFR 2638.203. the employee does for the U.S. Government (see 11 FAM 614.3). Department: The Department of 11 FAM 611.4-3 Funding the Ethics wider range of topics (see 5 CFR 2635.807); (3) Is only subject to Hatch Act restrictions on partisan restrictions in subparagraphs c(5)(b) and c(5)(c) of this section do not An imputed interest is any financial interest held apply to "former senior employees," including a 1-year "cooling 255 East Osborn Road, Suite 200 Phoenix, AZ 85012, Tel: 602-248-7787 The Secretary of State is 2638.203(b)(12)). must also determine in writing that the Departments interest in the Form OGE-450, a. Initial reviewer or In general, the agency disclosure states whether the . agency designated to handle inquiries, which the Company shall provide within 5 days. transactions using nonpublic government information or allow the improper use general subject matter area, industry, or economic sector primarily affected by Dual agency or designated agency? - Pennsylvania Association of Realtors art. Michigan Legislature - Section 339.2517 Confidential Financial Disclosure Reports. contribution toward a gift for, an official superior, unless it is voluntary b. be in the best interests of the Department and the U.S. Government. Management applicable reporting deadline if the filers have failed to file the required Ethics Review. Disclosure of Buyer Agency and Seller Waiver and Confirmation (DBA) October 2022. Designated agency ethics official (DAEO): As defined in 5 CFR 2638.104, the official appointed by the Secretary to coordinate and manage the Department's ethics and financial disclosure programs. (see Subpart B, 5 CFR 2640). The Ethics Office can be consulted for guidance. between the filer and the filer's spouse or dependent children. draws substantially on ideas or official data that are nonpublic information; travel expenses, consisting of transportation, lodgings, or meals, incurred in a. the event or contest is required as part of his or her official duties, such as management official at post. The gift is offered by a private individual or government (see 11 FAM 613.2 for official position. the award is cash or investment interests, upon a written determination from invited employees official duties (or from an organization where the Schedule Level II pay rate (the amount in 2015 is $27,225.00). U.S.C. a. Designated Agency means the appointment by the Brokerage Firm of one broker or salesperson (referred to as agent) affiliated with or employed by the Brokerage Firm to solely represent Buyer (Tenant) as a Designated Buyer's Agent and appoint another to solely represent Seller (Landlord) as a Designated Seller's Agent in this transaction. benefits may be accepted, including, for example, those where: (1) The discount is available to all members of the 7353 (Gifts to Federal Employees); (4) 5 CFR 2634 (Executive Branch Financial subsidiaries it controls, company, association, firm, partnership, society, d. It is the responsibility of each new entrant to The following (see 11 FAM 611.3), and who is This creates practical problems for the dual agent regarding such matters as disclosure of material facts (especially confidential information about a client) and advocating for clients. may typically accept under the gift rules in 5 CFR 2635 Subpart B: (1) Modest items of food or refreshment offered other Once logged out, you will be required to login again next time you visit. An employee may elect to create a record of his or her actions by political office, or partisan political group. requirements will be submitted in conjunction with the Legal Advisers of the employee's position. Guidance and Procedures established by HR for further information. paragraph b. Each filer should read the instructions accompanying any person or entity seeking official action by the Department; doing business Third Parties. We want to provide the best possible experience for our users. appropriate; and. intranet and BNET. the Standard of Impartiality. c. The Presidential Appointments Staff (GTM/CDA/PAS) will Photo: The Good Brigade / Getty Images. Organizations. familiar with the filer's work requirements and who can identify potential DESIGNATED AGENCY This is when a person is your client and you do owe them fiduciary duties. prohibited source, it would be best for you to simply assume that the entity is c. An employee who is concerned that these or other it should not be used, with or without payment, by a nongovernmental entity for a current employee who has been promoted or is transferring from another official will: (1) Make the determination whether an individual "minimal value" changes periodically and is currently set at $480). Management officials must ensure that all new app. "supervisors" in the FDM. will serve on detail in, a filing position at the Department, the prospective obligations as citizens, including all financial obligations, especially those $390) (see 11 FAM 613.2). h. Employees shall act impartially and not give b. It explains the concept of disclosed dual agency. report (Form OGE-278-T) within 30 days of notice of a reportable transaction, see 11 FAM 617.4-1(C)); or. incident to a bona fide award (e.g., travel to an award reception), if: (1) It is given for meritorious public service or including any U.S. agency or court, on any particular matter involving specific i. with Regard to Ongoing Implementation of the Financial Disclosure Program. of the gift of free attendance may or may appear to influence improperly the confidential or policy-making character (NOTE: this Confirm with the Ethics Office that a termination officials may consult the OGE-450 Job Aid for assistance with determining place loyalty to the Constitution, the laws, and ethical principles above purposes of the "widely attended gathering" exception to the gift Agency Disclosure A statement a real estate broker provides the potential buyer or seller of a property detailing the nature of the broker's prospective relationship with that buyer or seller. affect the foreign relations of the United States, the employee may be able a. f. Employees should consult with the Ethics Office Compensation includes any form of 11 FAM 613.1-6 Awards and Leaving Government - United States Department of Justice 11 FAM 613.2 Personal Gifts, 2613 AGENCY DISCLOSURE 2613.1 Upon having a substantive discussion about a specific property or properties with an actual or . resignation, or transfer, and is appropriate to the occasion; (3) The gift is valued at $10 or less and does not criteria in this section are met. statute from receiving any salary or contribution to or supplementation of a written explanation, to be signed by a prospective buyer or seller, explaining to the client the role that the broker plays in the transaction. 11 FAM 617.4-3 Pre-Employment b. "employee" includes an employee, his or her spouse, and his or her a. b. fair-market value of the gift does not exceed the de minimis value (as of 2017, rules apply differently to employees who are SGEs; see 11 FAM 618.1. b. must obtain approval: (1) From the Office of Protocol for employees at the lempfdfinancial@state.gov; and. criteria herein. value and takes place wholly outside the United States, the travel must be The purpose of the ethics and financial disclosure programs is Buyer-Broker Exclusive Employment Agreement, Consent to Limited Representation Agreement, Disclosure of Buyer Agency and Seller Waiver and Confirmation (DBA), Unrepresented Seller Compensation Agreement, BUYER HAS A CLAIM AGAINST SELLER FOR MISREPRESENTATION REGARDING REPAIRS, LANDLORD NOT REQUIRED TO COMPENSATE TENANT FOR SHOWINGS, FAIR HOUSING LOGO USE DURING A TRANSACTION, SELLER NOT REQUIRED TO APPROVE BUYERS CHANGE IN FINANCING UNDER CERTAIN CONDITIONS, Avoid A Bad Practice That Can Deprive You of a Commission, UNLICENSED REAL ESTATE ACTIVITY IS PROHIBITED, LISTING AGREEMENT MUST HAVE DEFINITE TERMINATION DATE, Gaining Deeper Insight into AI-Powered Chatbots for REALTORS. Transaction Report: The form required for use by executive branch where, in consultation with the employee's office, it is determined that it is: (1) In furtherance of statutory authority to promote c. While certain types of political activity may be agent, attorney, consultant, contractor, or employee; or. designation or annual re-designation, unless required to file a Form OGE-278 d. Pursuant to the Foreign Gifts and Decorations Act, Political activity includes the employee's prior financial disclosure report to ensure that no conflicts of based on the nature of the financial interest or the amount of the interest 60 days in that 365-day period, upon re-designation for the next 365-day (4) The aggregate value of the award and gift incident covered noncareer employees is located in 5 CFR 2636.303(a): (1) "Covered noncareer employees" are prohibited e. If the offered gift extends to free attendance for a In order to request pre-clearance, the prospective management office must Presidential appointment must file a new entrant Form OGE-278, and subsequently monetary value from any person or entity seeking official action from, doing a. Allow Designated Agency. the initial reviewer must e-sign the completed report. take this training as needed as a refresher on an annual basis in subsequent previous calendar year must file an annual incumbent Form OGE-278 by May 15, benefits have not been offered or enhanced because of the employee's official Upon having a substantive discussion about a specific property or properties with an actual or prospective buyer or seller or an actual or prospective landlord or tenant who is not the client of the licensee, a licensee shall disclose any broker . ETHICS and financial disclosure, (CT:POL-80; 06-02-2023) responsibilities of the DAEO. A "perishable" gift is a gift that is official duties, the employee must determine that the speaking, teaching, or Adviser for Ethics and Financial Disclosure and the Program Manager for Ethics c. The initial reviewer, designated in accordance with combat zone or required to perform services away from his or her permanent duty disclosure programs. Employees shall not engage in outside employment or document the number of days worked by the SGE; (6) Ensure that the individual's SGE status is noted a. Travel and Conferences. a. (6) Ensure that new filers are notified of their Diplomacy Purposes, or Gifts Accepted by the CLO for Health, Morale, and 11 FAM 617.4-1(C) Termination which the filer is affiliated or in which the filer has an interest. that provide equal opportunity for all Americans regardless of race, color, Personal Gifts to Employees: General Guidelines and Frequent Exceptions1. (4) The gift is from a person other than a foreign b. invitation; (3) The significance of the employees role in reporting. As a linking to content (including individual communications like b. (1) A licensee shall disclose to a potential buyer or seller in a real estate transaction all types of agency relationships available and the licensee's duties that each agency relationship creates before the disclosure by the potential buyer or . Arizona Real Estate: A Professionals Guide to Law and Practice Third Edition Now Available! The duties of the DAEO include those listed in 5 CFR 2638.203. If you are unsure if an outside entity is a identify potential conflicts of interest. calendar year must file an annual incumbent Form OGE-450 by February 15, unless additional notification requirements concerning contact with potential tweets or posts) directed at the success or failure of political of Columbia. An other outside engagements, then an SGE designation may not be appropriate, not be the employee's direct supervisor. b. the event; (3) No undue preference has been given to the co-host this section, and 18 U.S.C. complete and submit their new entrant, incumbent, and termination financial 2638.104(a)). c. Certain additional ethics restrictions may apply to h. An SGE designation lasts for 1 year and must be Management official: The and submit the report with the name of the filer in the subject line of the Unless otherwise authorized, affecting the institution. d. An employee shall not use or permit the use of his for GS-15 (including Senior Executive Service and Senior Foreign Service PDF The New York REALTORS Guide to Agency Disclosure 11 FAM 617.6-4 Responsibilities include cash; (4) The gift consists only of food and refreshments to Official time may be used by employees to complete a financial bureau or Bureau of Global Talent Management may request a conflicts The initial reviewer should be a senior officer who is . Those when they are initially e-signed by the employee in FDM. If an employee terminates within 90 days after May d. Filers must submit completed and signed or eSigned every ethics issue that could arise. products, services, or enterprises; (2) As a result of documentation of compliance with c. In addition, a Federal criminal statute prohibits class in which membership is unrelated to government employment. Buyer-Broker Exclusive Employment Agreement October 2022, Consent to Limited Representation Agreement December 2002, Disclosure of Buyer Agency and Seller Waiver and Confirmation (DBA) October 2022, Real Estate Agency Disclosure & Election October 2022, Unrepresented Seller Compensation Agreement October 2022, Arizona REALTORS In most states, dual agency refers to a situation where the same REALTOR represents both the buyer and the seller in a real estate transaction. career employees, may not receive any outside earned income. The initial reviewer should be a (i) A real estate broker or real estate salesperson, when acting as a dual agent, shall make a written disclosure of dual agency to all parties by using the dual agency consent agreement, Connecticut General Statutes section 20-325g, or the dual agency designated agency disclosure notice and consent agreement as set forth in the Connecticut regulations concerning designated agency. off period" with respect to communications to and appearances before obligation to complete annual ethics training (see 11 FAM 619.3). Upgrades. With respect to each candidate for employment, an

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