I have been hired to survey land that my assistant is interested in purchasing. Naturally I would have her be the assistant for the project, however, a realtor told her that she cannot be involved.?ÿ
I do not see this as a conflict of interest. These days everyone is afraid of their own shadow, so I imagine that is the realtor's concern.
Maybe I should tell them that it will cost more to train a new assistant.
What do you think is it a conflict of interest or any other type of problem?
Historic boundaries and conservation efforts.
I don't know what any ethics rules say, but I would argue that the assistant is not making any decisions about the survey.?ÿ The PLS is in responsible charge and makes the decisions.?ÿ So how would the assistant's interests have any effect?
Is this a big city somewhere or is it rural america? The city dwellers have a completely different view of what constitutes a conflict of interest than us country folk do.
James
If the helper is not making decisions, it should not be a conflict, but if the client has reservations, you should take that into consideration, and maybe refer the project to another surveyor.?ÿ It sounds like it could it could cause problems down the line.?ÿ Ethics is more than wrong doing, it is the perception.?ÿ We have to do lots of Ethics training at work and the rule of thumb is when in doubt, back away, or get it cleared by the ethics counselor.
?ÿ
Taking advice about ethics from a real estate agent makes about as much sense as asking a drug dealer about rehab..?ÿ
Tell the realtor to buzz off, imo.?ÿ She could do the fieldwork and you could review and stamp it.?ÿ In fact, I plan to do that very thing when I get to a point where I can afford to buy a lot for myself.
@jaro, It's extremely rural. In fact the ancestors of the owner are some of the founders of this town. It was never surveyed, but had pieces taken out by deeds. The deeds are hilarious.
Historic boundaries and conservation efforts.
Usually a buyer has only restricted access to a property before they are given the keys to it. So, in a way, I can see why the realtor would object to the assistant having unaccompanied access to the property.?ÿ This may not seem like an ethics issue for the surveyor but it might be for the realtor.?ÿ
It might be a bit more of an ethics issue if your helper has already signed paperwork on the tract. Then you providing a disclosure statement to both parties defining the limited technical involvement of your assistant in the project proccess ?ÿmay be in order. If either Party objects, submit an alternate proposal that doesn??t involve the assistant.
@paden-cash, My assistant read your response and thought it was very funny. 🙂
Historic boundaries and conservation efforts.
Ethics is more than wrong doing, it is the perception.
I disagree.?ÿ Ethics is doing the right thing. Period.
Also avoiding the perception of a problem is in your best interest, but that is not part of being ethical.
@steve-corley, I am forced to do a lot of ethics and conflict of interest training too. We always say, if you haven't learned ethics by the time you graduate First Grade it's too late for you now. And I agree with Bill93, perception of an ethics violation is not an ethics violation. I certainly do not perceive any ethics violation. Like I said in the original post, it is that people are afraid of their own shadow.
Historic boundaries and conservation efforts.
The question "is it okay for me to survey my own lot" has been asked here, more than once, before. The answer always seems to be "sure, why not?" If that is okay then why not this?
In the past I have had another surveyor survey property for me.?ÿ Of course I was on the crew and showed him where the corners were located (old family property).?ÿ I did this not to avoid a conflict of interest, but to avoid the?ÿappearance of a conflict of interest.?ÿ That is up to the individual.?ÿ I KNEW there would be no changes due to who the survey was done for, but this put it "at arms length".
Andy
If the helper is not making decisions, it should not be a conflict, but if the client has reservations, you should take that into consideration, and maybe refer the project to another surveyor.?ÿ It sounds like it could it could cause problems down the line.?ÿ Ethics is more than wrong doing, it is the perception.?ÿ We have to do lots of Ethics training at work and the rule of thumb is when in doubt, back away, or get it cleared by the ethics counselor.
If that were the case there would be no such thing as PR companies.
The thing about realtors is that you can be in a fight with them and never even know you were. I actually think they have become less ethical than when I first began surveying,,,,,,,,and that's saying something.
@andy-bruner If deposed, would the surveyor's notes show that you were on the crew? If deposed, would the surveyor state that Andy showed me where the corners were? If so, there is the appearance that the arms are rather short.
I do not see a problem and I do not think anyone I have ever worked for would.
It is a red flag however, and that might make some wary.
