Ethics Complaints

How to File a Code of Ethics Complaint

Ethics Complaint Form ›

General Instructions and Information for Filing and Replying to Ethics Complaints:

  1. Anyone can file an ethics complaint. Complaints must be typewritten and submitted to the Association within 180 days of the time that the alleged offense and facts relating to it could have been known by the complainant in the exercise of reasonabl edilience or within 180 days after the conclusion of the transaction, whichever is later.  Any reply must be typewritten and submitted to the Association.
  2. ALL ANSWERS AND CORRESPONDENCE MUST REFER TO A CASE NUMBER ASSIGNED BY THE ASSOCIATION OFFICE.
  3. Complaints 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 complaint 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 Ethics Complaint, date, time, and place of hearing will be set.
  6. If the respondent waives the right to a hearing and acknowledges the conduct alleged in the complaint, such elections will be affirmatively indicated on the response form. In the absence of any prior violation within the past three-year period, the complaint will be referred to a panel of the Professional Standards Committee for consideration. The panel of the Professional Standards Committee will meet in executive session. Neither the complainant nor the respondent will be present. The panel shall prepare a brief, concise decision, which shall include findings of fact, conclusions and a recommendation for discipline if a violation is found.
  7. If there is to be a hearing all parties may be represented by legal counsel or by a REALTOR® of their choosing (or both), 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. Failure to provide timely notice may result in a continuance of the hearing.
  8. It is the responsibility of each party to arrange for his/her witnesses to be present at the hearing.
  9. Either party may file with the Association, within ten (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 or a REALTOR® acting as counsel for either the complainant or respondent.
    2. Is an employer, partner, or employee or in any way is associated in business with either complainant or respondent or a REALTOR® acting as counsel for either the complainant or respondent.
    3. Is a party to the hearing or a party or a witness in any other pending case involving complainant or respondent.
    4. Knows any reason acceptable to the Hearing Panel which may prevent him/her from rendering an impartial decision.
  10. 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 Ethics Hearing."
  11. 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.
  12. No hearing will be held in the absence of a complainant. An ethics hearing may proceed in the absence of a respondent.

 

Code of Ethics and Standards of Practice of NAR ›