The Voice for Local Real Estate


Ethics Enforcement: Frequently Asked Questions


top

Who can file an ethics complaint?

Who can file an arbitration request?

Is there a time limit?

Who should I give the complaint or request to?

What should be included with the ethics complaint or arbitration request?

Are there certain Articles that can or can’t be cited?

Can Standards of Practice be cited in an ethics complaint?

Are there issues or complaints that should not be brought before a board/association of REALTORS®?

Is submitting to arbitration mandatory?

When is arbitration mandatory/voluntary?


What’s the difference between an ethics complaint and arbitration request?
An ethics complaint charges that a REALTOR® or REALTOR-ASSOCIATE® has violated an Article(s) of the Code of Ethics. An arbitration request involves a dispute over entitlement to a monetary transaction (e.g., a commission). top

Who can file an ethics complaint?

Who can file an arbitration request? 

Is there a time limit?

Who should I give the complaint or request to?

What should be included with the ethics complaint or arbitration request?
Ethics - An ethics complaint form must be completed and filed. In addition, a written statement of the facts (with appropriate documentation, if any) on which the complaint is based must also be included, dated, and signed by the complainant. The appropriate Article(s) as they pertain to the facts in the alleged violation must be cited in the complaint. 
Arbitration - An arbitration request form must be completed and submitted with details of the dispute and the deposit as set by the board (not to exceed $500, which may be refundable if the requestor is found to be the prevailing party). In addition, include whatever documentation that may help to substantiate your position. top

Are there certain Articles that can or can’t be cited?

Can Standards of Practice be cited in an ethics complaint? 

Are there issues or complaints that should not be brought before a board/association of REALTORS®? 

Is submitting to arbitration mandatory?

When is arbitration mandatory and when is it voluntary?
Mandatory - When the dispute is between: 1) REALTORS® who are principal brokers** in different firms; 2) clients and REALTOR® principals. 
Voluntary - When the dispute is between: 1) Members in the same firm; 2) a REALTOR®, who is a principal broker, and a non-member principal broker in another firm; 3) customers and REALTOR® principals. top

*If the board's informal dispute resolution processes (e.g., mediation) are invoked, the 180 day filing deadline is suspended.
**“Principal Broker” means... A sole proprietor, partner, corporate officer, majority shareholder, or branch office manager of a real estate firm.

Additional information on Ethics & Arbitration complaints may be found on the National Association of REALTORS® Ethics Complaints and Arbitration Requests page.

©2010 NATIONAL ASSOCIATION OF REALTORS®. All rights reserved.


What's Coming Up


Connect with Us!

facebook twitter instagram yelp
google+ youtube flickr linkedin
rss lightbulb-question-marks