Is there a statute
of limitations for filing ethics complaints? Yes. The time period
is 180 days from the time that you could have known, in the exercise of reasonable
diligence, the facts giving rise to your complaint.
How do I know whether to file an ethics complaint or to request arbitration?
Generally, ethics complaints are filed about behavior; arbitration
is requested when there is a dispute over real estate commissions.
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 the
Grievance Committee determines that both cases warrant hearings, the arbitration
will be held first.
I'd like to file a complaint, but what about confidentiality?
All ethics complaints are kept strictly confidential. Only the staff involved
in the administration of cases, members of the Grievance Committee, and the
Professional Standards Committee members assigned to the hearing panel will
have access to ethics complaints.
Is there a special form I should use when filing an ethics complaint?
File an ethics complaint using Ethics
Complaint Form E-1, available from DCBR. This form must be accompanied
by your typewritten narrative or chronological summary describing the events
that occurred.
Where do I submit the ethics complaint? Submit your complaint
via regular mail to Delaware County Board of REALTORS®, 21 N. Sandusky
St., Delaware,OH 43015.
Will the person who I'm filing against be notified of my complaint? Yes. Once
your formal complaint has been submitted to DCBR, a complete copy is sent
to the respondent for a reply, with a copy to respondent?s broker.
How do I know which Article of the Code of Ethics to name in my complaint?
The Code of Ethics is
supported by Standards of Practice, which can help explain the types of behavior
covered by each Article.
Do I name the Article, or the Standard of Practice, in my complaint?
Ethics complaints should be filed based on alleged violation of specific Articles
of the Code of Ethics. You may, however, identify
appropriate Standards of Practice in support of your complaint.
What if the respondent is not a member of DCBR? Ethics complaints
are filed with the Board of REALTORS® where the responding party holds
membership.
Who establishes the rules that DCBR follows in handling ethics complaints?
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 an ethics complaint goes
to a hearing, the process may take 2-3 months. This is because of the time
that must be allowed for responses, review by the Grievance Committee, proper
notification, and scheduling of the hearing.
What happens if a REALTOR is found in violation of the Code of Ethics?
If the hearing panel finds a member to be in violation of the Code
of Ethics, they may recommend that the Board of Directors impose disciplinary
sanctions. Such sanctions may include one of more of the following: requirement
to complete an appropriate education class, letters of warning or reprimand,
an appropriate fine not to exceed $5,000, a specific period of suspension
of membership services, or termination of membership.
