GREATER LAS VEGAS ASSOCIATION OF REALTORSÒ
Bylaws
2008
Approved as of 10/06/06
GREATER LAS VEGAS ASSOCIATION OF REALTORS®
BYLAWS
(Adopted by the Membership – October 5, 2007)
TABLE OF CONTENTS
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Section 1 – 6 |
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Section 1 - 2 |
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Section 1 – 5 |
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Section 1 – 3 |
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Section 1 – 5 |
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Section 1 – 3 |
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Section 6. Notices of Dues, Fees, Assessments, and Other Financial |
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Article XIII – Election and Removal of Officers and Directors |
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Section 1 – 3 |
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PREAMBLE
The GREATER LAS VEGAS ASSOCIATION OF REALTORSâ is a Nevada Non-Profit Corporation, formed to create an association of real estate professionals for the purposes as established by these Bylaws.
These Bylaws contain provisions for the regulation of the management and affairs of the Association not inconsistent with the Articles of Incorporation. The Association is operated for the benefits of its Members and to further objectives provided by the Bylaws. The primary control rests with the members who elect a Board of Directors to manage the business and affairs of the Association.
The Board of Directors is responsible to the membership and is elected by the membership according to the Bylaws. The Bylaws may be amended by the Board of Directors, but subject to approval of the membership. The Board of Directors establishes policies for the management of the affairs of the Association and the elected Officers of the Association carry out the terms and provisions of the established policies of the Board of Directors and the duties as prescribed by the Bylaws. The Officers are responsible directly to, and controlled by, the Board of Directors. The ultimate responsibility of the Officers is to the membership.
In addition to the Articles and Bylaws adopted and/or approved by the membership, the Directors and Officers are regulated by the Nevada Business Corporation Act. The Act requires that a Director and Officer must discharge the duties of their position in good faith and with a degree of diligence, care and skill which an ordinary prudent person would exercise under similar circumstances in a like position. They must act in good faith and with reasonable business judgment. Good faith and due care are essential requirements.
These Bylaws establish the purposes and objectives of the Association, the classes, requirements and privileges of membership, and the provisions for the election of the Board of Directors. The membership elects the Officers, who function pursuant to guidelines established by the Board of Directors. Directors and Officers are subject to the controls of the Articles of Incorporation and Bylaws and the Nevada Business Corporation Act. The Bylaws incorporate, by reference, of the NATIONAL ASSOCIATION OF REALTORSâ The Code of Ethics and Arbitration Manual adopted by the GREATER LAS VEGAS ASSOCIATION of REALTORSâ, thereby making the provisions of said Manual a part of the Bylaws.
The Bylaws provide for Standing Committees of the Association, and further Committees can be created by the Board of Directors or the President, as provided in the Bylaws. Membership of all Committees is subject to approval of the Board of Directors. Committees function pursuant to procedures established by the Bylaws of the Association. No committee has the authority to bind the Association to any action or contract without the prior approval of the Board of Directors.
BYLAWS OF THE
GREATER LAS VEGAS ASSOCIATION OF REALTORSâ
ADOPTED
SECTION 1. NAME The name of this organization shall be the Greater Las Vegas Association of REALTORSâ, Incorporated, hereinafter referred to as the “Association.”
SECTION 2. REALTORSâ Inclusion and retention of the Registered Collective Membership Mark REALTORS® in the name of the Association shall be governed by the Constitution and Bylaws of the NATIONAL ASSOCIATION of REALTORSâ as from time to time amended.
The objectives of the Association are:
SECTION 1. To unite those engaged in the recognized branches of the real estate profession for the purpose of exerting a beneficial influence upon the profession and related interests.
SECTION 2. To promote and maintain high standards of conduct in the real estate profession as expressed in the Code of Ethics of the NATIONAL ASSOCIATION of REALTORSâ.
SECTION 3. To provide a unified medium for real estate owners and those engaged in the real estate profession whereby their interests may be safeguarded and advanced.
SECTION 4. To further the interests of home and other real property ownership.
SECTION 5. To unite those engaged in the real estate profession in this community with the Nevada Association of REALTORSâ and the NATIONAL ASSOCIATION of REALTORSâ, thereby furthering their own objectives throughout the state and nation, and obtaining the benefits and privileges of membership therein.
SECTION 6. To designate, for the benefit of the public, individuals authorized to use the terms REALTORÒ and REALTORSÒ as licensed, prescribed, and controlled by the NATIONAL ASSOCIATION of REALTORSâ.
SECTION 1. The territorial jurisdiction of the Association as a Member of the NATIONAL ASSOCIATION of REALTORSâ shall be Clark, Lincoln and Nye Counties, Nevada, and such other areas as from time to time allocated to the Association by the Board of Directors of the NATIONAL ASSOCIATION OF REALTORSâ.
SECTION 2. Territorial jurisdiction is defined to mean the right and duty to control the use of the terms REALTORâ and REALTORSâ, subject to the conditions set forth in these Bylaws and those of the NATIONAL ASSOCIATION of REALTORSâ, in return for which the Association agrees to protect and safeguard the property rights of the NATIONAL ASSOCIATION of REALTORSâ in the terms.
SECTION 1. There shall be six classes of Members as follows:
REALTORâ Members
(a) REALTORâ Members, whether primary or secondary shall be:
(1) Individuals who, as sole proprietors, partners, corporate officers, or branch office managers, are engaged actively in the real estate profession, including buying, selling, exchanging, renting or leasing, managing, appraising for others for compensation, counseling, building, developing or subdividing real estate, and who maintain or are associated with an established real estate office in the State of Nevada or a state contiguous thereto. All persons who are partners in a partnership, or all officers in a corporation who are actively engaged in the real estate profession within the state or a state contiguous thereto shall qualify for REALTORâ membership only, and each is required to hold REALTORâ Membership in a Association/Board of REALTORSâ within the state or a state contiguous thereto unless otherwise qualified for Institute Affiliate Membership as described in Section 1 (b) of Article IV. (NOTE: REALTORâ Members may obtain membership in a “secondary” Association/Board in another state.)
In the case of a real estate firm, partnership, or corporation, whose business activity is substantially all commercial, only those principals actively engaged in the real estate business in connection with the same office, or any other offices within the jurisdiction of the association in which one of the firm’s principals hold REALTOR® membership, shall be required to hold REALTOR® membership unless otherwise qualified for Institute Affiliate Membership as described in Section 1 (b) of Article IV. (Amended 1/01)
(2) Individuals who are engaged in the real estate profession other than as sole proprietors, partners, corporate officers, or branch office managers and are associated with a REALTORâ Member and meet the qualifications set out in Article V.
(3) Franchise REALTOR® Members. Corporate officers (who may be licensed or unlicensed) of a real estate brokerage franchise organization with at least one hundred and fifty (150) franchises located within the United States, its insular possessions and the Commonwealth of Puerto Rico, elected to membership pursuant to the provisions established in the NAR Constitution and Bylaws. Such individuals shall enjoy all of the rights, privileges and obligations of REALTORâ membership (including compliance with the Code of Ethics) except: obligations related to Association mandated education, meeting attendance, or indoctrination classes or other similar requirements; the right to use the term REALTORâ in connection with their franchise firm’s name; and the right to hold elective office in the Association, State Association or National Association.
(4) Primary and Secondary REALTORâ Members An individual is a primary member if the Association pays state and National dues based on such Member. An individual is a secondary member if the state and National dues are remitted through another Board/Association. One of the principals in a real estate firm must be a Designated REALTORâ member of the Association in order for licensees affiliated with the firm to select the Association as their “primary” Association /Board.
(5) Designated REALTORâ Members Each firm shall designate in writing one REALTORâ Member who shall be responsible for all duties and obligations of membership including the obligation to arbitrate pursuant to Article 17 of the Code of Ethics and the payment of Association dues as established in Article X of the Bylaws. The “Designated REALTORâ” must be a sole proprietor, partner, corporate officer or branch office manager acting on behalf of the firm’s principal(s) and must meet all other qualifications for REALTORâ Membership established in Article V, Section 2, of the Bylaws.
(b) Institute Affiliate Members Institute Affiliate members shall be individuals who hold a professional designation awarded by an Institute, Society, or Council affiliated with the NATIONAL ASSOCIATION of REALTORSâ that addresses a specialty area other than residential brokerage or individuals who otherwise hold a class of membership in such Institute, Society or Council that confers the right to hold office. Any such individual, if otherwise eligible, may elect to hold REALTORâ membership, subject to payment of applicable dues for such membership.
(c) Affiliate Members Affiliate Members shall be real estate owners and other individuals or firms who, while not engaged in the real estate profession as defined in paragraphs (a) or (b) of this Section, have interests requiring information concerning real estate, and are in sympathy with the objectives of the Association.
(d) Public Service Members Public Service Members shall be individuals who are interested in the real estate profession as employees, of or affiliated with educational, public utility, governmental or other similar organizations, but are not engaged in the real estate profession on their own account or in association with an established real estate business.
(e) Honorary Members Honorary Members shall be individuals not engaged in the real estate profession who have performed notable service for the real estate profession, for the Association, or for the public.
(f) Student Members Student Members shall be individuals who are seeking an undergraduate or graduate degree with a specialization or major in real estate at institutions of higher learning, and who have completed at least two years of college and at least one college course in real estate, but are not engaged in the real estate profession on their own account or not associated with an established real estate office.
(g) Honorary Life Members Honorary Life Members shall be those Past Presidents who have served the Association faithfully; have made notable contributions to the Association, the Nevada State Association, and the real estate industry of Nevada; and who are no longer actively engaged in the real estate profession.
(h) LIFRO – Licensees affiliated with a limited function referral office.
(i) Provisional Membership – A new applicant for membership as a REALTOR® shall be classified as a “Provisional REALTOR®” until that member has completed the required GLVAR orientation classes successfully.
(1) Dues shall be computed from the date of application and shall be non-refundable unless the association's Board of Directors terminates the individual's membership in accordance with subsection (a) above. In such instances, dues shall be returned to the individual less a prorated amount to cover the number of days that the individual received association services and any application fee.
(2) The Board of Directors may not terminate any provisional membership without providing the provisional member with advance notice, an opportunity to appear before the Board of Directors, to call witnesses on his behalf, to be represented by counsel, and to make such statements as he deems relevant. The Board of Directors may also have counsel present. The Board of Directors shall require that written minutes be made of any hearing before it or may electronically or mechanically record the proceedings.
(3) If the Board of Directors determines that provisional membership should be terminated, it shall record its reasons with the Secretary. If the Board of Directors believes that termination of provisional membership may become the basis of litigation and a claim of damage by a provisional member, it may specify that termination shall become effective upon entry in a suit by the Board for a declaratory judgment by a court of competent jurisdiction of a final judgment declaring that the termination violates no rights of the individual.
ARTICLE V - QUALIFICATION AND ELECTION
(a) An application for membership shall be made in such manner and form as may be prescribed by the Board of Directors and made available to anyone requesting it. The application form shall contain among the statements to be signed by the applicant:
(1) that the applicant agrees as a condition to membership to thoroughly familiarize himself with the Code of Ethics of the NATIONAL ASSOCIATION of REALTORSâ, the Constitutions, Bylaws, and Rules and Regulations of the Association, the State and National Associations, and if elected a Member, will abide by the Constitutions and Bylaws and Rules and Regulations of the Association, State and National Associations, and as a REALTORâ Member will abide by the Code of Ethics of the NATIONAL ASSOCIATION of REALTORSâ including the obligation to arbitrate controversies arising out of real estate transactions as specified by Article 17 of the Code of Ethics, and as further specified in the Code of Ethics and Arbitration Manual of the NATIONAL ASSOCIATION of REALTORSâ, as from time to time amended, and
(2) that applicant consents that the Association, may invite and receive information and comment about the applicant from any Member or other persons, and that applicant agrees that any information and comment furnished to the Association by any person in response to the invitation shall be conclusively deemed to be privileged and not form the basis of any action for slander, libel, or defamation of character. The applicant shall, with the form of application, have access to a copy of the Bylaws, Constitution, Rules and Regulations, and Code of Ethics referred to above.
SECTION 2. Qualification
(a) An applicant for REALTORâ Membership who is a sole proprietor, partner, corporate officer, or branch manager of a real estate firm shall supply evidence satisfactory to the Association that is actively engaged in the real estate profession, and maintains a current, valid real estate broker’s or salesperson’s license or is licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property, has a place of business within the state or a state contiguous thereto (unless a secondary member), has no record of recent or pending bankruptcy,(*) has no record of official sanctions involving unprofessional conduct (**), agrees to complete a course of instruction covering the Bylaws and Rules and Regulations of the Association, the Bylaws of the State Association, and the Constitution and Bylaws and Code of Ethics of the NATIONAL ASSOCIATION of REALTORSâ, and shall pass such reasonable and nondiscriminatory written examination thereon as may be required by the Association, and shall agree that if elected to membership, will abide by such Constitution, Bylaws, Rules and Regulations, and Code of Ethics.
(*) NO RECENT OR PENDING BANKRUPTCY is intended to mean that the applicant or any real estate firm in which the applicant is a sole proprietor, general partner, corporate officer, or branch manager is not involved in any pending bankruptcy or insolvency proceedings and, has not been adjudged bankrupt in the past three (3) years. If a bankruptcy proceeding as described above exists, membership may not be rejected unless the Association establishes that its interests and those of its members and the public could not be adequately protected by requiring that the bankrupt applicant pay cash in advance for Association and MLS fees for up to one (1) year from the date that membership is approved or from the date that the applicant is discharged from bankruptcy (whichever is later). In the event that an existing member initiates bankruptcy proceedings, the member may be placed on a “cash basis” from the date that the bankruptcy is initiated until one (1) year from the date that the member has been discharged from bankruptcy.
(**) NO RECORD OF OFFICIAL SANCTIONS INVOLVING UNPROFESSIONAL CONDUCT is intended to mean that the Association may only consider judgments within the past three (3) years of violations of (1) civil rights laws; (2) real estate license laws; and (3) or other laws prohibiting unprofessional conduct against the applicant rendered by the courts or other lawful authorities.
NOTE: Article IV, Section 2, of the NAR Bylaws prohibits Member Boards/Associations from knowingly granting REALTOR® or REALTOR-ASSOCIATE® membership to any applicant who has an unfulfilled sanction pending which was imposed by another Board or Association of REALTORS® for violation of the Code of Ethics.
(b) Individuals who are actively engaged in the real estate profession other than as sole proprietors, partners, corporate officers, or branch office managers in order to qualify for REALTORâ Membership, shall at the time of application, be associated either as an employee or as an independent contractor with a Designated REALTORâ Member of the Association or a Designated REALTORâ Member of another Board/Association (if a secondary member) and must maintain a current, valid real estate broker’s or salesperson’s license or be licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property, shall complete a course of instruction covering the Bylaws and Rules and Regulations of the Association, the Bylaws of the State Association, and the Constitution and Bylaws and Code of Ethics of the NATIONAL ASSOCIATION of REALTORSâ and shall pass such reasonable and nondiscriminatory written examinations thereon as may be required by the committee and shall agree in writing that if elected to membership will abide by the Code of Ethics of the NATIONAL ASSOCIATION of REALTORSâ, and by the Constitution, Bylaws, and Rules and Regulations of the Association, State Association and the National Association.
(c) The Association will also consider the following in determining an applicant’s qualifications for REALTOR® membership:
1. All final finding of Code of Ethics violations and violations of other membership duties in any other association within the past three (3) years.
2. Pending ethics complaints (or hearings)
3. Unsatisfied discipline pending
4. Pending arbitration requests (or hearings)
5. Unpaid arbitration awards or unpaid financial obligations to any other association or association MLS.
6. Any misuse of the term REALTOR® or REALTORS® in the name of the applicant’s firm.
“Provisional” membership may be granted in instances where ethics complaints or arbitration requests (or hearings) are pending in other association or where the applicants for membership has unsatisfied discipline pending in another association (except for violations of the Code of Ethics: See Article V, Section 2(a) Note) provided all other qualifications for membership have been satisfied, Associations may reconsider the membership status of such individuals when all pending ethics and arbitration matters (and related discipline) have been resolved or if such matters are not resolved within six months of the date that provisional membership is approved. Provisional members shall be considered REALTORS® and shall be subject to all of the same privileges and obligations of REALTOR® membership. If a member resigns from another association with an ethics complaint or arbitration request pending, the association may condition membership on the applicant’s certification that he/she will submit to the pending ethics or arbitration proceeding (in accordance with the established procedures of the association to which the applicant has made application) and will abide by the decision of the hearing panel. (Amended 1/01)
SECTION 3. Election The procedure for election to membership shall be as follows:
(a) The Association shall determine whether the applicant is applying for the appropriate class of membership. It shall then give written notice to the REALTORÒ Members of such application and invite written comment. If one or more of the REALTORâ Members object to the approval of the application, basing such objection on lack of qualification as set forth in these Bylaws, the Association shall invite any objecting Member to appear before the Board of Directors and substantiate their objections. Objections, which are not substantiated, shall be totally disregarded. The Board of Directors may not find objections substantiated without
(1) informing the applicant in advance, in writing, of the objections and identifying the objecting Member; and
(2) giving the applicant a full opportunity to appear before the Board of Directors and establish their qualifications. The Board of Directors shall thereafter make a written report of its findings. The Board of Directors shall conduct all proceedings with strict attention to the principles of due process and compliance with the Bylaws of the Association.
(b) The Board of Directors shall review the qualifications of the applicant and the recommendations of the Executive Vice President and then vote on the applicant’s eligibility for membership. If the applicant receives a majority vote of the Board of Directors, shall be declared elected to membership and shall be advised by written notice.
(c) The Board of Directors may not reject an application without providing the applicant with advance notice of the findings and given an opportunity to appear before the Board of Directors, to call witnesses on their behalf, to be represented by counsel, and to make such statements as deemed relevant. The Board of Directors may also have counsel present. The Board of Directors shall require that written minutes be made of any hearing before it or, may electronically or mechanically record the proceedings.
(d) If the Board of Directors determines that the application should be rejected, it shall record its reasons with the Secretary (Executive Vice President). If the Board of Directors believes that denial of membership to the applicant may become the basis of litigation and a claim of damage by the applicant, it may specify that denial shall become effective upon entry in a suit by the Association for a declaratory judgment by a court of competent jurisdiction of a final judgment declaring that the rejection violates no rights of the applicant.
Section 4. New Member Code of Ethics Orientation:
Applicants for REALTOR® membership and provisional REALTOR® members (where applicable) shall complete an orientation program on the Code of Ethics of not less than two hours and thirty minutes of instructional time. This requirement does not apply to applicants for REALTOR® membership or provisional members who have completed comparable orientation in another association, provided that REALTOR® membership has been continuous, or that any break in membership is for one year or less.
Failure to satisfy this requirement within 60 days of application (or, alternatively, the date that provisional membership was granted) will result in denial of the membership application or termination of provisional membership.
Note: Orientation programs must meet the learning objectives and minimum criteria established from time to time by the NATIONAL ASSOCIATION OF REALTORS®. (Adopted 1/01)
Section 5. Continuing Member Code of Ethics Training
Effective January 1, 2001, through December 31, 2004, and for successive four year periods thereafter, each REALTOR® member of the association shall be required to complete quadrennial ethics training of not less than two hours and thirty minutes of instructional time. This requirement will be satisfied upon presentation of documentation that the member has completed a course of instruction conducted by this or another association, the State Association of REALTORS®, the NATIONAL ASSOCIATION OF REALTORS®, or any other recognized educational institution or provider which meets the learning objectives and minimum criteria established by the NATIONAL ASSOCIATION OF REALTORS® from time to time. REALTOR® members who have completed training as a requirement of membership in another association and REALTOR® members who have completed the New Member Code of Ethics Orientation during any four year cycle shall not be required to complete additional ethics training until a new four year cycle commences.
Failure to satisfy this requirement shall be considered a violation of a membership duty for which REALTOR® membership shall be suspended until such time as the training is completed. (Adopted 1/01)
Members suspended for failing to meet the requirement for the first four (4) year cycle (2001 – 2004) will have until December 31, 2005 to meet the requirement. Failure to meet the requirement by that time will result in automatic termination of membership.
Failure to meet the requirement for the second (2005 – 2008) cycle and subsequent four (4) year cycles will result in suspension of membership for the first two months (January and February) of the year following the end of any four (4) year cycle or until the requirement is met, whichever occurs sooner. On March 1 of that year, the membership of member who is still suspended as of that date will be automatically terminated. (Adopted 1/01, revised 5/05)
SECTION 6. Status Changes
(a) A REALTORÒ who changes the conditions under which he holds membership shall be required to provide written notification to the Association within thirty (30) days. A REALTORâ (non-principal) who becomes a principal in the firm with which has been licensed or, alternatively, becomes a principal in a new firm which will be comprised of REALTORâ principals may be required to satisfy any previously unsatisfied membership requirements applicable to REALTORâ (principal) Members but shall, during the period of transition from one status of membership to another, be subject to all of the privileges and obligations of a REALTORâ (principal). If the REALTORâ (non-principal) does not satisfy the requirements established in these Bylaws for the category of membership to which they have transferred within thirty (30) days of the date they advised the Association of their change in status, their new membership application will terminate automatically unless otherwise so directed by the Board of Directors.
(b) Any application fee related to a change in membership status shall be reduced by an amount equal to any application fee previously paid by the applicant.
(c) Dues shall be prorated from the first day of the quarter in which the member is notified of election by the Board of Directors and shall be based on the new membership status for the remainder of the year.
ARTICLE VI - PRIVILEGES AND OBLIGATIONS
SECTION 1. The privileges and obligations of members, in addition to those otherwise provided in these Bylaws, shall be specified in this Article.
SECTION 2. Any member of the Association may be reprimanded, fined, placed on probation, suspended, or expelled by the Board of Directors for a violation of these Bylaws and Association Rules and Regulations consistent with these Bylaws, after a hearing as provided in the Code of Ethics and Arbitration Manual of the Association. Although Members other than REALTORSâ are not subject to the Code of Ethics nor its enforcement by the Association, such Members are encouraged to abide by the principles established in the Code of Ethics of the NATIONAL ASSOCIATION of REALTORSâ and conduct their business and professional practices accordingly. Further, Members other than REALTORSâ may upon recommendation of a hearing panel of the Professional Standards Committee, be subject to discipline as described above, for any conduct, which in the opinion of the Board of Directors, applied on a nondiscriminatory basis, reflects adversely on the terms REALTORâ or REALTORSâ and the real estate industry, or for conduct that is inconsistent with or adverse to the objectives and purposes of the Association, the State Association, and the NATIONAL ASSOCIATION of REALTORSâ.
SECTION 3. Any REALTORâ Member of the Association may be disciplined by the Board of Directors for violations of the Code of Ethics or other duties of membership, after a hearing as described in the Code of Ethics and Arbitration Manual of the Association, provided that the discipline imposed is consistent with the discipline authorized by the Professional Standards Committee of the NATIONAL ASSOCIATION of REALTORSâ as set forth in the Code of Ethics and Arbitration Manual of the National Association.
SECTION 4. Resignations of Members shall become effective when received in writing by the Board of Directors, provided, however, that if any Member submitting the resignation is indebted to the Association for dues, fees, fines, or other assessments of the Association or any of its services, departments, divisions, or subsidiaries, the Board of Directors shall condition the right of the resigning Member to reapply for membership upon payment in full of all such monies owed.
SECTION 5. If a Member resigns from the Association or otherwise causes membership to terminate with an ethics complaint pending, the Board of Directors shall condition the right of the resigning Member to reapply for membership upon the applicant’s certification that they will submit to the pending ethics proceeding and will abide by the decision of the hearing panel. See also Article VII, Section 3.
(a) If a member resigns or otherwise causes membership to terminate, the duty to submit to arbitration continues in effect even after membership lapses or is terminated, provided that the dispute arose while the former member was a REALTOR®.