Resolve a Complaint
Home Buyers/Home Sellers Dispute Resolution System Request to initiate form
Dispute Resolution System
Buyers or sellers who want to resolve differences among them or with a REALTOR® can take advantage of the NATIONAL ASSOCIATION of REALTORS® dispute resolution system. The system aids in the settlement of differences among sellers, buyers, and real estate practitioners through mediation or arbitration, rather than costly and time-consuming litigation.
Dispute Resolution System is a general term used to identify means of resolving disputes out of court, such as by mediation or arbitration. DRS programs are becoming increasingly important today as parties and the court system alike are trying to find programs that will take cases out of the traditional legal system and solve disputes in a quick and cost-efficient manner. DRS reflects a serious effort to design workable and fair alternatives to traditional civil litigation.
The program is not used to settle differences between REALTORS® because the NAR Code of Ethics already includes procedures for handling such disputes.
The two types of DRS programs are mediation and arbitration.
In mediation, the parties work to settle their disputes with the help of an impartial mediator. Parties do not forfeit their legal rights to arbitrate or litigate the dispute if mediation is unsuccessful. If the mediation is successful, the parties sign a legally binding contract agreeing to the terms of the resolution.
If the mediation is unsuccessful, sellers, buyers or real estate professionals may then proceed with arbitration or litigation. In arbitration, a third party or parties are usually given the authority to issue a binding decision. Since NAR added the arbitration component to its DRS program, state and local associations of REALTORS® can now use mediation, arbitration, or a combination of both, to resolve real estate transaction disputes involving consumers.
The association's choice to work toward dispute resolution through mediation and arbitration strives to improve understanding between real estate professionals and their clients, provide an alternative to burdensome and costly legal procedures, and enhance the business climate faced by REALTORS®.
The benefits of DRS programs over litigation are that they are faster, less expensive, and discourage frivolous claims. In addition, the use of DRS programs may help members avoid court decisions that can set precedents that are unfavorable to licensees.
Parties to DRS actively participate in the process and control the outcomes, while they contribute to long-term goodwill between brokers and their clients and customers. The DRS provides a service that brokers and salespeople can offer to their clients and customers, and it thereby improves the image of NAR, associations and members, because they have taken the initiative to find and provide alternatives to litigation.
Ethics Complaints
For an ethics complaint to be processed, a formal complaint must be filed using the Ethics Complaint Form E-1. As you complete Form E-1, please refer to the Code of Ethics of the National Association of REALTORS® to determine which Article(s) you believe have been violated. Your complaint should include a supporting document in the form of a narrative or chronological summary of the events that occurred.
Once the Complaint Form E-1 and supporting document is complete, submit it to Sharon Resek at the Greater Alle-Kiski Board of REALTORS®. A copy of your complaint will then be sent to the respondent, who has fourteen days to submit a reply.
Once a reply is received from the respondent by Greater Alle-Kiski Board of REALTORS®, the case is sent to the Grievance Committee Chair for the assignment of a panel to conduct a review. This panel's responsibility is to review the case, and based on a certain set of guidelines they must follow, will determine if the case should be referred to hearing or dismissed.
If the case is referred to hearing, the Greater Alle-Kiski Board of REALTORS® Professional Standards Committee will appoint a panel to hear the case and determine if the Code of Ethics has been violated. The hearing is typically held at the Greater Alle-Kiski Board of REALTORS® office, and is set for a time convenient for all parties.
If the panel determines there has been a violation, they will take disciplinary action. Disciplinary sanctions can include the completion of an education class on a given topic, fines, letters of warning and reprimand, suspension, or termination of membership.
If referred to hearing, this process usually takes about two months since we must allow reasonable time for responses, for action by the Grievance Committee, scheduling, etc.
For additional information, please contact Sharon Resek at Executive@gakarealtors.com 724-337-3500
FAQs - Ethics Complaints
Q: Is there a statute of limitations for filing ethics complaints?
A: Yes. 180 days from the time that you could have known there was a dispute.
Q: How do I know whether to file an ethics complaint or request arbitration?
A: Ethics complaints are filed about behavior; arbitration is requested when there is a commission dispute.
Q: Can I file an arbitration request and an ethics complaint at the same time?
A: Yes. Both case types can be filed at the same time. If the cases go to hearing, arbitration hearings are held first.
Q: Is there a cost to file an ethics complaint?
A: No.
Q: I'd like to file a complaint, but am worried about confidentiality.
A: All ethics complaints are kept strictly confidential. Only staff involved in the administration of cases, along with the assigned members from the Grievance and Professional Standards Committees, have access to ethics complaints.
Q: Is there a special form I should use when filing an ethics complaint?
A: File an ethics complaint using Ethics Complaint Form E-1, available from Greater Alle-Kiski Board of REALTORS®. Form E-1 should include a supporting document in the form of a narrative or chronological summary of the events that occurred.
Q: Where do I submit the ethics complaint?
A: If your complaint is against a member of Greater Alle-Kiski Board of REALTORS®, submit the complaint to Jacquie Wolff at DBR.
Q: Will the person who I'm filing against be notified of my complaint?
A: Yes. Once your complaint has been submitted to Greater Alle-Kiski Board of REALTORS®, it is sent to the respondent for a reply.
Q: How do I know which Article of the Code of Ethics to name in my complaint?
A: The Code of Ethics includes Standards of Practice which explain the types of behavior covered by each Article.
Q: Do I name the Article or Standard of Practice in my complaint?
A: Ethics complaints should be filed based on the Articles of the Code of Ethics.
Q: How do I know where to file the ethics complaint?
A: Ethics complaints are filed with the Board/Association where the responding party holds membership.
Q: Who establishes the rules that DBR follows in handling ethics complaints?
A: DBR is required to follow the rules of the Code of Ethics and Arbitration Manual of the National Association of REALTORS®.
Q: How long does the process take?
A: If ethics complaints go to hearing, the process may take 2-3 months. This is because of the time that must be allowed for responses, proper notification, scheduling, etc.
Q: What happens if someone is found in violation of an Article of the Code of Ethics?
A: If the hearing panel finds that a member is in violation of the Code of Ethics, they have the authority to recommend that the Board of Directors impose disciplinary sanctions such as the completion of an education class on a given topic, fines, letters of warning and reprimand, suspension, or termination of membership.
