Article 2 of the Code of Ethics and Standards of Practice does prohibit REALTORS® from exaggerating, misrepresenting or concealing pertinent facts relating to the property or the transaction. Please note that this standard usually requires REALTORS® to go beyond their normal, legal obligation to disclose “[a]ll material adverse facts pertaining to the physical condition of the property which are actually known by the licensee.” VA Code §54.1-2131.

However, Standard of Practice 2-5 states that “Factors defined as ‘non-material’ by law or regulation or which are expressly referenced in law or regulation as not being subject to disclosure are considered not 'pertinent' for the purposes of Article 2.” This limits the scope of Article 2 by exempting any factors that are defined as non-material by law or state regulation. The Virginia Association of REALTORS®(VAR) 2002 Ethics Training Guide states the following: “Virginia's Seller Disclosure law defines stigmatizing events (such as ghost, murders, etc.) that had no material effect on the property as non-material. Standard of Practice 2-5, combined with this disclosure law, releases Virginia's REALTORS® from the obligation of disclosing stigmatizing events.”

Therefore, based on this prevailing interpretation on Article 2 and Standard of Practice 2-5, the Listing Agent is not under any obligation to disclose information about the suicide that occurred on the property.