Ethics Complaints, Arbitration Requests, And Related Information

Ethics Complaints, Arbitration Requests and Related Information

REALTORS® are different from non-member licensees in that they voluntarily subscribe to a strict Code of Ethics. If you believe that a REALTOR® has violated one or more Articles of the Code of Ethics, you can file an ethics complaint alleging a violation(s) through the local association of REALTORS® where the REALTOR® holds membership, or participates in a REALTOR® association-owned/operated MLS. You may search for a member’s local affiliation here.

In addition, REALTORS® agree as a condition of membership to arbitrate contractual disputes and specific non-contractual disputes as provided for in Article 17 of the NAR Code of Ethics.

Below are several resources to help you understand what filing and processing an ethics complaint and arbitration request entails, and the general process you can expect when filing an ethics complaint or arbitration request with a local association of REALTORS®. Check with the local association of REALTORS® to ensure you have the proper forms required by that association.

Ethics

• Code of Ethics (NAR)

• Before You File an Ethics Complaint (NAR)
This brochure explains alternatives to consider before filing an ethics complaint, as well as what to expect after filing a complaint.

• Consumer and REALTOR® Ombudsman
Occasionally, consumers may find themselves in a dispute with a REALTOR®. The C.C.A.R. Ombudsmen are volunteers that serve as a neutral and independent voice to answer consumer or REALTOR® questions, improve communication between parties, and suggest possible ways to resolve issues.

• Guide to filing a complaint (CCAR)

Please note:  Ombudsmen are not attorneys and cannot give legal advice or answer legal questions.

• Sanctioning Guidelines (NAR)
While NAR does not recommend specific discipline for certain offenses, it does outline key points to be considered with respect to discipline.

Arbitration

• Duty to Arbitrate (NAR)
From Part Ten, Section 44 of The Code of Ethics & Arbitration Manual.

• Arbitratable Issues (NAR)
From Appendix I to Part Ten of The Code of Ethics & Arbitration Manual.

• Factors Considered in Arbitration COMING SOON
Procuring Cause Guidelines.

• No Findings of Fact in Arbitration Awards (NAR)
From Appendix IV to Part Ten of The Code of Ethics & Arbitration Manual.

• Mediation as a Service of Member Boards (NAR)
From Appendix VI to Part Ten of The Code of Ethics & Arbitration Manual. For more information go to the Mediation page.

Statements of Professional Standards Policy (NAR)

View the complete listing of Professional Standards Policy Statements.

• Due Process
The right of a private organization to discipline members and to conduct dispute resolution is conditioned by law on ensuring due process to all parties as recognized by the five elements.
1. Right to a full & fair hearing.
2. Before an impartial tribunal.
3. With knowledge of charges against him/her.
4. Has the opportunity to defend himself/herself
5. Right to an attorney.

Related Content (NAR)

• Hearing Panelists’ Roles, Preparation, and Etiquette
Outlines what is expected of hearing panelists in ethics and arbitration hearings.