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Disciplinary & Arbitration

Before You File an Ethics Complaint

Filing Disciplinary Complaints and Arbitration Requests at the High Desert Association of Realtors®

for more information go to:  http://www.car.org/marketing/clients/ethics/?highlight=ethics 

Disciplinary and Arbitration


Even with the best of intentions, planning and preparation, occasional disagreements arise between agents and their clients or customers. If a monetary dispute arises from a real estate transaction or if you believe an agent mayimages have acted in an unethical manner, contact HDAR.

Complaints that are brought before the Association give those parties involved an opportunity to be educated about the REALTOR® Code of Ethics (and/or the Multiple Listing Service's Rules and Regulations. In addition, REALTORS® are judged by their peers as opposed to other individuals, who may be far less familiar with the practices and customs of the real estate industry.

Disciplinary


 What is it?

A disciplinary alleges that a REALTOR® has violated an Article(s) of the Code of Ethics or an MLS participant or subscriber has violated the Multiple Listing Service Rules and Regulations.

Who can file a disciplinary complaint?

Any person, whether a member or not, having reason to believe that an HDAR REALTOR® member or MLS participant or subscriber is in violation of any conduct subject to disciplinary action.

Disciplinary Forms

You can find the disciplinary forms here or click on the Disciplinary Forms link on the Community Information menu on the left.

Arbitration


What is it?

An arbitration request involves a dispute over entitlement to a monetary transaction (over a commission).

Disputes subject to arbitration include: disputes with other members arising out of the real estate business and their relationship as REALTORS®.

With respect to MLS participants and subscribers, they agree to arbitrate disputes that not only arise out of the real estate business but they must be in conjunction with a listing filed in or with the MLS. MLS participants/subscribers are not obligated to arbitrate with the general public or their clients.

Disputes subject to arbitration include: contractual disputes with a member's client arising out of an agency relationship between the member and client, provided the client agrees to submit the dispute to binding arbitration using the Association's facilities and be bound by the arbitration award.

Before filing a complaint or requesting arbitration, please contact HDAR at 760.244.8841.

Ombudsman Program

If you are in a dispute with a member, but do not want to file an official complaint, you may call our office to determine if your issue may be resolved through the use of our Ombudsman Program. This program is designed to have an experienced member contact both parties and attempt to settle the matter in a timely way. If no agreement is reached, the complainant may then file a formal Ethics complaint.ombudsman

The Ombudsman's role is primarily one of communication and conciliation, not adjudication, Ombudsmen do not determine whether ethics violations have occurred, rather they anticipate, identify, and resolve misunderstandings and disagreements before matters ripen into disputes and possible charges of unethical conduct. Ombudsman Hotline

Mediation


As an alternative to arbitration, the Association has available mediation. Mediation is a dispute resolution process whereby a mediator works with you and the other parties to facilitate a mutually acceptable resolution of your dispute. In comparison to arbitration, mediation is usually less adversarial and less formal and the parties are more directly involved in the decision making process to resolve their dispute. As a general policy, the Association promotes mediation and strongly encourages you to consider using mediation.
While the Association promotes mediation, please be advised of the following. If you are the complainant in the dispute, you still need to file an arbitration complaint with the Association to preserve your right to arbitration. Also, mediation is a voluntary process and a mediation conference can only be scheduled for those parties that agree to mediation. If any party to your dispute does not agree to mediation, arbitration will be necessary to resolve the dispute as it pertains to you and those parties. Finally, if you are unable to reach a mutually acceptable resolution of the dispute through mediation, an arbitration hearing will have to be scheduled. To request a mediation complete the Request for Mediation Form.

The mediation request from should be forwarded to:med

High Desert Association of REALTORS®
Attention: Diane Smith or Veronica Swarts Professional Standards Administrators
14281 7th Street
Victorville, CA 92395
Or
Email This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it. 

Please feel free to contact a Staff Member at 760.244.8841 to determine which package is applicable to your case.

Print All Documents under your applicable Catagory & submit in person at the High Desert Association of REALTORS office at 14281 7th Street, Victorville, CA 92395.

  

Click HERE to view the Disciplinary Grievance Package

 

Click HERE to view the Arbitration Package

 

 

 

 

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