The Code of Ethics imposes a clear and continuing obligation on REALTORS^® to protect the confidentiality of their clients’ information as a core element of their duty to promote and safeguard client interests. This duty applies in all real estate-related activities, including those conducted electronically. Importantly, the obligation to preserve confidential information does not end when the professional relationship ends; it survives the termination of the agency relationship. 

REALTORS^® are prohibited from knowingly disclosing confidential client information, using such information to the client’s disadvantage, or exploiting it for their own benefit or that of third parties. Disclosure is permitted only in limited circumstances: when the client provides informed consent; when disclosure is required by court order; when necessary to prevent a crime intended by the client; or when required to defend the REALTOR^® or associated parties against accusations of wrongful conduct. 

In practice, this duty often arises during negotiations, or just in casual conversation. For example, when a REALTOR^® represents a seller and a buyer’s agent asks why the sellers are moving, the REALTOR^® must carefully protect the seller’s confidential information. As the reason may involve sensitive information such as financial hardship, divorce, or job relocation, the REALTOR^® should not disclose it without the seller’s informed consent.  

The Code of Ethics balances this confidentiality obligation with honesty and transparency. While the Code of Ethics requires REALTORS^® to avoid misrepresentation and disclose non-confidential material facts, it also requires agents and brokers to not reveal the confidential information of their clients’.