Professional Code of Conduct & Ethics

1. Purpose

The Estate, Rent and Commission Agents Association of Nigeria (ERCAAN) is committed to promoting integrity, professionalism, honesty, accountability, and responsible conduct within estate, rent, and commission agency practice in Nigeria.

This Professional Code of Conduct & Ethics establishes the standards of professional behaviour expected of persons who are subject to ERCAAN’s professional rules.

The Code is intended to promote confidence in the profession, protect the legitimate interests of clients and members of the public, and encourage responsible professional relationships among real estate practitioners.

This Code should be read together with the ERCAAN Constitution, applicable Association rules and regulations, membership requirements, disciplinary procedures, and applicable laws and regulations in Nigeria.

2. Who This Code Applies To

This Code applies to ERCAAN members and other persons expressly made subject to ERCAAN’s professional standards under the Association’s governing framework.

Where a separate rule, regulation, professional standard, or chapter requirement applies to a particular member or activity, that requirement may also apply.

Nothing in this Code replaces any legal or regulatory obligation applicable to a real estate practitioner.

3. Core Professional Principles

ERCAAN members are expected to conduct their professional activities according to the following principles:

Integrity

Members should act honestly and avoid conduct that is fraudulent, deceptive, misleading, or intended to improperly obtain an advantage.

Professionalism

Members should conduct themselves in a manner that promotes respect for the real estate profession and confidence in professional services.

Accountability

Members should take responsibility for their professional representations, commitments, and dealings.

Transparency

Members should provide relevant information clearly and avoid concealing material facts where disclosure is required.

Respect

Members should treat clients, members of the public, colleagues, property owners, tenants, buyers, sellers, and other professionals with fairness and professional respect.

Confidentiality

Members should protect confidential information obtained through professional relationships and use such information only for legitimate purposes.

Compliance

Members should comply with applicable laws, regulations, contractual obligations, and ERCAAN requirements.

4. Honesty and Integrity

Members shall conduct their professional activities honestly.

A member should not knowingly:

• Make false statements;
• Provide materially misleading information;
• Conceal relevant information for the purpose of misleading another party;
• Misrepresent a property;
• Misrepresent their professional status or authority;
• Falsify documents or records;
• Use fraudulent information;
• Engage in deceptive advertising; or
• Participate in fraudulent or dishonest transactions.

Members should correct material errors or misrepresentations when they become aware of them.

5. Professional Competence

Members should undertake professional activities with reasonable care, competence, and diligence.

Members should:

• Understand the nature of the service they are providing;
• Avoid accepting assignments they are not reasonably qualified to perform;
• Seek appropriate professional assistance where necessary;
• Maintain adequate knowledge of relevant professional requirements;
• Keep appropriate records; and
• Communicate material information in a timely manner.

Where legal, technical, valuation, financial, or other specialist advice is required, members should not present themselves as qualified to provide such advice unless they possess the relevant qualifications or authority.

6. Dealing With Clients

Members should deal fairly and professionally with clients.

Before accepting an assignment or entering into a professional relationship, members should clearly communicate, where applicable:

• The nature of the service being provided;
• The member’s role;
• Relevant fees or commissions;
• Important terms and conditions;
• The expected responsibilities of the parties; and
• Any material limitations affecting the service.

Members should avoid making promises or representations that they cannot reasonably fulfil.

7. Agency Relationships and Disclosure

Members should clearly identify the nature of their professional relationship with clients and other parties where disclosure is relevant or required.

Where a member acts as an agent, representative, intermediary, or in another professional capacity, the member should not create a false impression about whom they represent or whose interests they are acting for.

Where an actual or potential conflict of interest exists, the member should disclose it appropriately and take reasonable steps to ensure that affected parties understand the circumstances.

8. Property Information and Representations

Members should exercise reasonable care when providing information about a property.

Members should not knowingly misrepresent:

• Ownership;
• Location;
• Property condition;
• Availability;
• Size or dimensions;
• Use or permitted use;
• Title or documentation;
• Development status;
• Amenities;
• Rental or sale terms;
• Fees or charges;
• Expected returns; or
• Other material property information.

Where information has not been independently verified, members should avoid presenting it as confirmed fact.

Members should encourage prospective clients and transaction parties to conduct appropriate independent verification and due diligence.

9. Property Advertising

Members should ensure that property advertisements and promotional materials are accurate and not misleading.

Advertising should not:

• Use false property descriptions;
• Advertise property without appropriate authority;
• Misrepresent the price;
• Use misleading photographs or representations;
• Advertise unavailable property as available for the purpose of attracting clients;
• Make unsupported claims about returns or investment performance;
• Falsely imply government, ERCAAN, or other official endorsement; or
• Misrepresent the identity or role of the advertiser.

Where a property is advertised on behalf of another person, the member should have appropriate authority to market the property.

10. Authority to Act

Members should establish that they have appropriate authority before representing that they are acting on behalf of a property owner, landlord, seller, developer, company, or other principal.

A member should not knowingly:

• Market a property without appropriate authority;
• Represent themselves as the sole agent where this is untrue;
• Claim authority they do not possess;
• Sign documents on behalf of another person without proper authority; or
• Make commitments on behalf of a client without appropriate authorisation.

11. Fees, Commissions and Charges

Members should communicate applicable professional fees, commissions, charges, and other financial obligations clearly.

Where appropriate, members should ensure that the relevant parties understand:

• The amount or basis of the fee;
• When the fee becomes payable;
• Who is responsible for payment;
• Any applicable additional charges; and
• Any material conditions affecting payment.

Members should not knowingly conceal commissions, undisclosed charges, or other financial interests where disclosure is required.

Members should not represent that a fee or commission is officially prescribed by ERCAAN unless there is a valid ERCAAN rule or other lawful basis establishing that requirement.

12. Handling of Client Funds

Where a member receives money in connection with a professional transaction, the member should handle such funds responsibly and in accordance with applicable law, contractual obligations, and professional requirements.

Members should:

• Maintain appropriate records;
• Clearly identify the purpose of funds received;
• Avoid unauthorised use of client funds;
• Provide appropriate documentation for payments where applicable; and
• Account for funds in accordance with the relevant agreement and applicable requirements.

Members should not treat client funds as personal or business funds where doing so would be improper or unlawful.

13. Conflicts of Interest

Members should identify and appropriately manage actual, potential, or perceived conflicts of interest.

A member should not place personal financial interests ahead of a client’s legitimate interests while concealing the conflict.

Where a material conflict exists, the member should make appropriate disclosure and, where necessary, obtain informed consent or withdraw from the relevant engagement in accordance with applicable requirements.

14. Confidentiality and Client Information

Members may receive confidential information about clients, property owners, tenants, buyers, sellers, businesses, or transactions.

Members should:

• Protect confidential information;
• Avoid unauthorised disclosure;
• Use information only for legitimate professional purposes;
• Take reasonable measures to prevent unauthorised access; and
• Continue to respect confidentiality after a professional relationship ends where the obligation continues.

Disclosure may be permitted or required where:

• The client authorises it;
• The law requires it;
• It is necessary to protect a legitimate legal interest; or
• Another lawful basis applies.

15. Personal Data Protection

Members who collect or process personal information in connection with their professional activities should comply with applicable Nigerian data protection requirements.

Members should handle personal information responsibly and should not collect, use, disclose, or retain personal information unnecessarily.

Where members process personal information on behalf of clients, landlords, tenants, buyers, sellers, businesses, or other persons, they should take appropriate measures to protect that information.

16. Dealing With Tenants

Members dealing with tenants should provide accurate information concerning relevant property and tenancy arrangements.

Members should not knowingly:

• Misrepresent tenancy terms;
• Conceal material conditions affecting a tenancy;
• Demand unauthorised charges;
• Misrepresent the authority of a landlord or property owner;
• Provide false information about availability; or
• Engage in deceptive conduct toward prospective or existing tenants.

Members should communicate relevant obligations, fees, and procedures clearly.

17. Dealing With Landlords and Property Owners

Members should deal honestly with landlords and property owners.

Members should:

• Communicate relevant offers and information appropriately;
• Avoid withholding material information;
• Account for funds received on behalf of a client;
• Clearly communicate fees and commissions;
• Protect confidential information; and
• Act within the authority given to them.

A member should not make unauthorised commitments on behalf of a landlord or property owner.

18. Dealing With Buyers and Purchasers

Members should provide prospective buyers with accurate information within the limits of information reasonably available to them.

Members should not knowingly:

• Misrepresent property ownership;
• Conceal known material information;
• Misrepresent the price or transaction terms;
• Guarantee legal title without appropriate basis;
• Guarantee investment returns;
• Pressure a buyer through deceptive representations; or
• Present unverified information as established fact.

Buyers should be encouraged to conduct appropriate independent due diligence before completing a transaction.

19. Dealings With Other Practitioners

Members should treat other real estate practitioners professionally and fairly.

Members should not knowingly:

• Misappropriate another practitioner’s client without proper basis;
• Make false allegations about another practitioner;
• Interfere improperly with an existing professional relationship;
• Misrepresent another practitioner’s activities;
• Misuse confidential information; or
• Engage in conduct intended to unfairly damage another practitioner’s professional reputation.

Professional disagreements should be handled through appropriate communication and, where necessary, applicable ERCAAN procedures.

20. Referral Arrangements

Where a member receives or provides a professional referral, the nature of the referral arrangement and any material financial interest should be handled transparently where disclosure is required.

Members should avoid arrangements that create undisclosed conflicts of interest or mislead clients.

21. Professional Advertising and Public Statements

Members may promote their professional services subject to applicable laws and ERCAAN requirements.

Advertising should be:

• Accurate;
• Clear;
• Professional;
• Verifiable; and
• Free from materially misleading claims.

Members should not falsely claim:

• Qualifications they do not possess;
• Membership they do not hold;
• Awards they did not receive;
• Properties they are not authorised to market;
• Government approval they do not possess; or
• ERCAAN endorsement that has not been granted.

22. Use of ERCAAN Membership

Members must not use their ERCAAN membership to create a false impression that ERCAAN:

• Guarantees their services;
• Guarantees their transactions;
• Endorses a particular property;
• Guarantees their financial obligations;
• Is a party to their contracts; or
• Has approved conduct that has not been approved.

Members must accurately represent their membership status.

A person whose membership has expired, been suspended, terminated, or otherwise ceased must not represent themselves as an active ERCAAN member.

23. Use of ERCAAN Name and Logo

ERCAAN’s name, logo, insignia, certificates, membership credentials, and other official identity materials must be used only in accordance with applicable Association requirements.

Members must not:

• Alter official ERCAAN branding in a misleading manner;
• Create unauthorised membership certificates;
• Allow another person to use their membership credentials;
• Use ERCAAN branding to imply unauthorised endorsement; or
• Use ERCAAN’s identity for activities unrelated to legitimate professional or Association purposes without appropriate authority.

24. Professional Records

Members should maintain appropriate records relating to their professional activities.

Depending on the nature of the engagement, records may include:

• Client instructions;
• Agency agreements;
• Property information;
• Offers;
• Transaction correspondence;
• Payment records;
• Receipts;
• Relevant approvals;
• Disclosure records; and
• Other documents necessary to demonstrate the professional basis of a transaction.

Records should be maintained securely and retained in accordance with applicable legal and professional requirements.

25. Avoiding Fraud and Deception

Members must not participate in or knowingly facilitate fraudulent activity.

Examples of prohibited conduct may include:

• Falsifying property documents;
• Creating false transaction records;
• Impersonating property owners or clients;
• Misappropriating funds;
• Deliberately misleading clients;
• Advertising fictitious properties;
• Using another person’s identity without authority; or
• Participating in fraudulent property schemes.

Where a member becomes aware of serious fraudulent activity connected with a professional matter, the member should take appropriate lawful steps and may report the matter through relevant channels.

26. Fair and Respectful Treatment

Members should provide professional services without unlawful discrimination or harassment.

Members should treat clients, colleagues, employees, tenants, landlords, buyers, sellers, and members of the public with dignity and respect.

Members should not use threats, intimidation, harassment, or abusive conduct in professional dealings.

27. Professional Conflicts and Disputes

Members are encouraged to resolve professional disagreements constructively.

Where a dispute cannot be resolved through reasonable communication, the parties may use applicable ERCAAN procedures or other lawful dispute-resolution mechanisms.

Members should not use threats, intimidation, public misinformation, or other improper conduct to resolve professional disputes.

28. Cooperation With ERCAAN

Where a member is properly required to participate in an Association process, the member should cooperate in accordance with the applicable ERCAAN Constitution, rules, policies, and procedures.

Members should provide truthful information and should not knowingly:

• Destroy relevant records;
• Submit false information;
• Mislead an Association process;
• Intimidate complainants or witnesses; or
• Interfere improperly with an investigation or hearing.

Members retain any rights available to them under applicable Association rules and Nigerian law.

29. Reporting Professional Misconduct

Members and members of the public may report suspected professional misconduct through the appropriate ERCAAN complaint channel.

A complaint should contain sufficient information to allow ERCAAN to understand the matter, including relevant dates, persons involved, transaction details, and supporting documents where available.

Submitting a complaint does not establish that misconduct has occurred.

Complaints will be handled in accordance with applicable ERCAAN procedures.

30. Responsibility for Professional Conduct

Membership of ERCAAN does not transfer responsibility for a practitioner’s professional actions to the Association.

Each member remains responsible for:

• Their professional decisions;
• Representations made to clients;
• Contracts entered into;
• Property transactions;
• Money received or handled;
• Professional advice provided;
• Compliance with applicable law; and
• The conduct of their business.

31. Relationship With Applicable Law

This Code establishes professional expectations within ERCAAN.

It does not replace applicable Nigerian laws, regulations, court orders, contractual obligations, professional requirements, or other legally binding requirements.

Where applicable law establishes a higher or different obligation, members remain responsible for complying with the law.

32. Breaches of This Code

A suspected breach of this Code may be considered through the applicable ERCAAN complaint, review, or disciplinary process.

Possible consequences of a proven breach will depend on the applicable ERCAAN Constitution, rules, regulations, and disciplinary framework.

Nothing in this Code should be interpreted as creating a specific sanction unless that sanction is established under an applicable ERCAAN governing instrument.

33. Fair Process

Where an allegation of professional misconduct is considered under an ERCAAN process, the matter should be handled in accordance with the Association’s applicable rules and procedures.

A complaint or allegation should not be treated as proof of misconduct before the matter has been appropriately considered.

Members should be given any procedural rights provided by the applicable ERCAAN governing framework.

34. Review and Amendment

ERCAAN may review this Code from time to time to ensure that it remains relevant to professional practice, Association objectives, technological developments, and applicable legal requirements.

Any formal amendment should be made through the appropriate Association process.

35. Interpretation

Where interpretation of this Code is required, it should be read consistently with the ERCAAN Constitution and other applicable governing instruments.

If a provision of this Code conflicts with a binding provision of the ERCAAN Constitution or applicable law, the relevant governing provision or law shall prevail.

36. Contact ERCAAN

Questions concerning this Professional Code of Conduct & Ethics may be directed to the ERCAAN National Secretariat through the official contact channels published on the Association’s website.

Estate, Rent and Commission Agents Association of Nigeria (ERCAAN)

Official Website: https://ercaannational.org.ng/

Email: info@ercaannational.org.ng

Professional Standards / Ethics Contact: ethics@ercaannational.org.ng

National Secretariat Address: Swan Building, National Stadium, Surulere, Lagos, Nigeria