Arbitration Requests

Arbitration is a commissions dispute between members. If you feel the need to dispute, follow the instructions below. If you feel that your arbitration case should go to mediation...

How to File an Arbitration

Arbitration Request Form ›

General Instructions and Information for Filing and Replying to Arbitration Requests:

  1. The duty to Arbitrate is an obligation of REALTOR® principals.  REALTOR® principals include sole proprietors, partners in a partnership, officers or majority shareholders of a corporation, or office managers (including branch office managers) acting on behalf of principals of a real estate firm.

  2. Arbitration Requests must be typewritten and submitted to the Association within 180 days after the closing of the transaction, if any, or within 180 days after the facts constituting the arbitrable matter could have been known in the exercise of reasonable diligence, whichever is later.  Any reply must be typewritten and submitted to the Association.

  3. Arbitration Requests will be referred to the Grievance Committee. If the Grievance Committee finds the matter to constitute a proper cause of action, it will be referred to the Association to arrange a hearing; if not found to constitute a proper cause of action, it will be returned to the complainant with the decision of the Grievance Committee, together with information advising the complainant of the procedures by which the Grievance Committee's decision may be appealed to the Board of Directors.

  4. If there is to be a hearing, respondent will have fifteen (15) days after service of copy of the Arbitration Request to reply. Copy of reply will be sent to complainant. The date for hearing will be set and all parties will be notified of the date and place of hearing at least twenty-one (21) days in advance.

  5. If no reply is received from respondent within fifteen (15) days from service of copy of the Arbitration Request, date, time, and place of hearing will be set. Complainant will be advised that no reply has been filed.

  6. All parties may be represented by legal counsel, provided that notice of intention to be represented is transmitted to all other parties and to the Hearing Panel at least fifteen (15) days prior to the hearing, including counsel's name, address and telephone number of legal counsel. Failure to provide timely notice may result in a continuance of the hearing.

  7. It is the responsibility of each party to arrange for his/her witnesses to be present at the hearing.

  8. Either party may file with the Secretary, within the (10) days from the date the names of the members of the Professional Standards Committee are mailed to the parties, a written request for disqualification of any potential member of the Hearing Panel for any of the following reasons:

    1. Is related by blood or marriage to either complainant or respondent.
    2. Is an employer, partner, or employee or in any way associated in business with either complainant or respondent.
    3. Is a party to the hearing or a party or a witness in any other pending case involving a party to this hearing.
    4. Knows any reason acceptable to the Hearing Panel which may prevent him/her from rendering an impartial decision.

  9. The notice of hearing will contain names of members of the Hearing Panel who will hear the case and should be accompanied by an "Outline of Procedure for Arbitration Hearing".

  10. The parties shall not discuss the case with any member of the Hearing Panel or the Board of Directors at any time prior to announcement of a decision in the case.

  11. No hearing will be held in the absence of a complainant.