This code of Ethics was enacted by the Board of Directors of the
International Business Brokers Association (IBBA) and is a part of the bylaws of
the IBBA and has been adopted by the Carolinas Virginia Business Brokers
Association (CVBBA) and is a part of the bylaws of the CVBBA. This Code is for
the use by all members of the CVBBA as a means of establishing a uniform
standard of conduct for business brokers. We adhere to the ethical principle of
business and believe that the investment risk and effort required to build a
profitable going business or enterprise deserves a fair evaluation and a
straightforward, professional, and honest presentation to both seller and buyer.
Article One: The business broker should keep
himself/herself informed as to trends affecting business opportunities.
Article Two: The business broker shall make a
reasonable effort to protect the public and all parties to a transaction against
fraud, misrepresentation, or unethical practices in the area of business
opportunities.
Article Three: The business broker shall have a
responsibility to recommend that clients use attorneys and tax accountants for
independent advice on transactions.
Article Four: The business broker should keep in
a special bank account, separated from his/her own funds, monies coming into
his/her possession in trust for other persons.
Article Five: The business broker, for the
protection of all parties with whom he/she deals, should see that financial
obligations and commitments regarding business opportunity transactions of which
he/she is a part are in writing, expressing the exact agreement of the parties.
He/she should also see that copies of such agreements are placed in the hands of
all parties involved.
Article Six: A business broker, in accepting
employment as an agent, pledges himself/herself to protect and promote the
interests of the client. This obligation of absolute loyalty and honesty to
his/her client’s interest is primary, but it does not relieve the business
broker from the obligations of dealing fairly with all parties to the
transaction.
Article Seven: Since the business broker is
representing one or another party to a transaction, he/she should not accept
compensation from more than one party without full knowledge of all parties of
the transaction.
Article Eight: The business broker shall not
serve as both principal and consultant on a transaction unless a full disclosure
is made in writing to all principals involved.
Article Nine: The exclusive listing of property
should be urged and practiced by the business broker.
Article Ten: The business broker, when acting as
an agent in the management of a business, should not accept any commission,
rebate, or profit on expenditures made for an owner without the owner’s
knowledge and consent.
Article Eleven: The business broker should not
undertake to make an appraisal that is outside or beyond the scope of his/her
experience without first obtaining the assistance of an authority on such types
of property unless the extent or lack of experience of the business broker is
fully disclosed to the client.
Article Twelve: A business broker when making a
formal appraisal of a business opportunity should not render an opinion without
careful and thorough analysis and interpretation of all market and economic
factors affecting the value of the property.
Article Thirteen: The business broker should not
undertake to make an appraisal or render an opinion of value on any property
when he/she has a present or contemplated interest unless such an interest is
specifically disclosed in the appraisal when his/her employment or fee is
contingent upon the amount of his/her appraisal.
Article Fourteen: The business broker should not
submit or advertise business without authority; in any offerings, the price
quoted should not be other than that agreed upon with the owners as the offering
price. A business broker should always have written authorization to sell or
purchase as the case may be from the prospective seller or purchaser. Said in
writing shall include all the material of the terms of the sale or purchase,
including price, term of the agreement, and compensation to be paid to the
business broker.
Article Fifteen: All bona fide written offers
will be submitted to the seller. The decision to accept or reject an offer
remains with the seller at all times.
Article Sixteen: The business broker will not
engage in the practice of disclosing one buyer’s offer to another buyer as a
sales technique.
Article Seventeen: The business broker should
seek no unfair advantage over his/her fellow brokers, and should willingly share
with them the lessons of his/her experience and study.
Article Eighteen: The business broker should
conduct his/her business to avoid controversies with his/her business to avoid
controversies with his/her fellow brokers, cooperate with the association and
its officers in all matters, including investigations, censure, discipline, or
dismissal of members who, by their conduct, prejudice their professional status
or the reputation of the association.
Article Nineteen: In the best interest of the
association, society, and his/her associates, the business broker should be
loyal to his/her community and active in its work.
Article Twenty: The business broker shall not
deny equal professional services to any persons for reasons of race, creed, sex,
or country of origin. The business broker shall not be a party to any plan or
agreement to discriminate against a person or persons on the basis of race,
creed, sex, or country of national origin.
Approved 03.10.04 |