#RTB | Real Estate’s “GAAP Gap”
As I’ve mentioned in many other things I’ve written, I am a Certified Public Accountant. I worked as a CPA for nearly a decade before getting into real estate nearly 20 years ago.
In the profession of public accounting, the sheer quantity and specificity of rules, guidelines and promulgations is truly amazing.
For every possible situation you might ever encounter, there is a definitive, authoritative “rule” – or, for complex issues, an entire RULE BOOK – for that situation.
In total, the rules for public accounting are contained in a series of volumes that would stretch the width of a desk – and that was nearly 20 years ago. We’re talking THOUSANDS of pages of detailed rules. During my years in public accounting, I probably didn’t come close to reading even 1% of this massive body of information.
These rules are referred to as “GAAP,” which stands for “generally accepted accounting principles.” Ask any CPA any question, and their response should be, “Well, according to GAAP, Rule XYZ says that in that situation you must do 123.”
Now let’s compare that to real estate.
What do we have in real estate?
We have the National Association of Realtors’ “Code of Ethics.” And here they are, in their ENTIRETY:
National Association of Realtors 2010 Code of Ethics
Here’s the first thing you should note: the Code of Ethics is eight – EIGHT! – pages.
EIGHT PAGES!
For the massive real estate industry? With all its complexities? With the huge range of issues that real estate professionals have to deal with every day?
That’s it?
Yep.
That’s it.
This is a major reason why there is so much confusion and inconsistency, and such a lack of uniformity in practice, in real estate: There is no “GAAP” for real estate.
There is a “GAAP gap.”
If you read the Code of Ethics, you’ll see that they are a series of broad, platitudinal suggestions (as opposed to detailed, issue-specific instructions).
Let me give you a real life example: let’s assume that you, as a licensed Realtor, receive multiple offers on a particular home you have listed. What do you do? What are your obligations, and to whom? Do you entertain both offers, or only one? Do you tell each agent that there is another offer? What if one of the offers is from an agent from your company? Does that impact your behavior in any way? What if one of the offers is from one of YOUR clients? How does that impact your actions?
Ask 10 agents, and you’ll get 10 different answers, I will surmise.
There are no clear, concise, precise, definitive instructions on this situation.
If this were accounting, there would be an exhaustive, detailed rule about the protocol of dealing with multiple offers, including all the possible subvariations within this topic.
How is it possible that such a “multiple offer” rule does not exist, given that Realtors deal with this on a fairly recurring basis?
This is a CLASSIC example of a fairly routine situation in real estate where not a single word of detailed instruction has been written by the industry itself.
I look at this, and I think, “How on earth can this be? How can such a huge, important industry with so many recurring situations and issues NOT HAVE a detailed rulebook?”
And I have not one clue how this can possibly be true.
And yet…it is…
Real estate needs to close this “GAAP gap.”
And the sooner, the better.





How true! Don’t even get me started on “short sales,foreclosures and SM rules. RE is the Wild West of the biz world. This is a great video on how to buy a foreclosures http://bloggingrealestateinnova.com/2009/10/step-by-step-instructions-on-how-to-buy-a-foreclosure/
Great post!
Chuck
Hi Michael, I pretty much agree with your point about the lack of standardized procedures in the industry and feel your frustration. But I wonder if this in part exists because of a mish-mash of local, state and national laws.
Correct me if I am wrong, I assume that in the accounting industry there are exceptions to the GAAP for individual state laws but overall GAAP is the national standard. To become a CPA one must demonstrate knowledge of the GAAP by passing a test. Violate the GAAP and get caught means loss of your certification. So with the GAAP/CPA there is a centralized power structure that can dictate rules and procedures on a national level, a top down structure if you will.
But with real estate at least at this time, there isn’t a similar national presence and rules and laws follow up from the cities, counties, states and national level making it more of a bottom up governance. (Another example of “all real estate is local” perhaps?)
NAR may be trying to fill the void but lacks the power to license and hold practitioners truly accountable. To the best of my knowledge NAR can’t have my license canceled for an ethics violation if I have complied with my states laws. They can only revoke my membership in the association. It is therefore a slap on the wrist. And there is no law in my state (Arizona) that requires me to be a member of NAR.
However, if there were a unified or national real estate governance body with the authority to license and sanction practitioners and revoke licenses we might be able to have the effect that the GAAP/CPA has on the accounting industry. Until then we have to overcome the challenge presented by the infinitely numerous local, state and national laws.
The code of ethics from NAR is an attempt to address the ethical issues of our industry and that is the best NAR can do because they do not have the legal authority to license practitioners.
Gary Sattelberger´s last blog ..$57,500 :: 9451 E Becker Lane, Unit 2047, Scottsdale AZ, 85260
NAR and brokerages can promote the CoE all you want, but …. how many offices ‘promote’ dual agency and leave client file drawers unlocked? Not to mention, that dual agency is even allowed is ridiculous. If you aren’t representing/protecting either client then why in the heck is your hand out for a commission??? I digress….
Susie Blackmon´s last blog ..Quick Look at Price Per Square Foot Numbers for Haywood County Home Sales.
Shoot… no edit abilities. I meant “all they want” —
Susie Blackmon´s last blog ..Quick Look at Price Per Square Foot Numbers for Haywood County Home Sales.
@MIrealestate And that is EXACTLY why I wrote this blog post: http://cli.gs/anGbZ. Real estate needs RULES! #RTB #NAR
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@ToddWaller I never cease to be amazed at how differently real estate is conducted in various locales. Here’s why: http://budurl.com/GAAP
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@ProfessionalOne @ToddWaller Good Morning. How many agents remember they need to abide by the COE? http://budurl.com/GAAP (Great read BTW)
This comment was originally posted on Twitter