This Code of Ethics was enacted by the Board of Directors of the
International Business Brokers Association and is part of the by-laws of the Association.
This Code is for use by all members of the Association 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 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 Brokers 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 own funds, monies coming into his possession in trust for other persons.
ARTICLE FIVE
The Business Broker, for the protection of all parties with whom
he deals, should see that financial obligations and commitments regarding business
opportunity transactions, of which he is a part, are in writing, expressing the
exact agreement of the parties. He 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 to protect and promote the interests of the client. This obligation of
absolute loyalty and honesty to his client’s interest is primary, but does not
relieve the Business Broker from the obligation 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 should not accept compensation from more than one party without
the full knowledge of all parties to 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 experience without first obtaining
the assistance of an authority of 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 has a present or contemplated
interest unless such interest is specifically disclosed in the appraisal when
his employment or fee is contingent upon the amount of his 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 including price, term of the agreement,
and compensation to be paid 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 fellow
Brokers, and should willingly share with them the lessons of his experience and
study.
ARTICLE EIGHTEEN
The Business Broker should conduct his business to avoid controversies
with his fellow Brokers, cooperate with the Association and its officers in all
matters, including investigation, 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 associates,
the Business Broker should be loyal to his community and active in its work.
ARTICLE TWENTY
The Business Broker shall not deny equal professional services
to any person for reasons of race, creed, sex or country of national origin.
The Business Broker shall not be a party to any plan or agreement
to discriminate against a person or persons based on race, creed, sex or country
of national origin.
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