Is there a statute
of limitations for filing arbitration requests? Yes. The timed period
is 180 days from the time that you could have known, in the exercise of reasonable
diligence, the facts giving rise to the dispute.
I'd like to file a complaint, but what about confidentiality?
All arbitrations are kept strictly confidential. Only staff involved in the
administration of cases, members of the Grievance Committee, and those members
of the Professional Standards Committees assigned to the hearing panel have
access to arbitration cases.
Is there a special form I should use when filing a request for arbitration?
File an arbitration request using Request
and Agreement to Arbitration Form A-1, available from DCBR. This form
should be accompanied by a supporting typewritten narrative or chronological
summary of the events that occurred.
Where do I submit the arbitration request? Submit the request
in care of: Professional Standards Administrator, Delaware County Board of
REALTORS®, 21 N. Sandusky St., Delaware, OH 43015.
How do I know whether to file an ethics complaint or request arbitration?
Generally, ethics complaints are filed about behavior; arbitration is requested
when there is a dispute over a real estate commission.
Can I file an arbitration request and an ethics complaint at the same
time? Yes. Both case types can be filed at the same time. If both
cases are determined by the Grievance Committee to warrant hearings, the arbitration
is held first.
Will the person who I’m filing against be notified of my complaint?
Yes. Once your request has been submitted to DCBR, a complete copy is sent
to the respondent for a reply.
Who establishes the rules that DCBR follows in handling arbitrations?
DCBR is required to follow the guidelines and procedures outlined in the Code
of Ethics and Arbitration Manual of the National Association of REALTORS®.
How long does the process take? If arbitrations go to hearing,
the process may take 2-3 months, allowing for the time for receiving responses,
proper notification, review by the Grievance Committee and scheduling of a
hearing.
Is arbitration binding? Yes. Members agree to abide by the
Code of Ethics, which includes the duty to
arbitrate. And, DCBR?s membership application includes an affirmation by the
member to submit business disputes to the board's professional standards procedures.
Such arbitrations are binding under Ohio law.
Do I have to use DCBR's arbitration if I have a commission dispute?
Yes. Article 17 of the Code of Ethics requires
members to first submit disputes to arbitration rather than litigation, unless
both parties advise DCBR in writing that they choose not to arbitrate before
the Board.
