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An inside look at complaints
Questions and answers about the process.
The ethics column in the April issue took a look at what happens when a consumer or REALTOR® brings a complaint against a REALTOR®. Here are some additional questions and answers about the process.
Q Does an arbitration request work the same way as an ethics complaint?
A Arbitration is the process used to address monetary disputes between REALTORS®. In many respects, the process is the same as for an ethics complaint. However, there are some differences. Both the complainant and respondent in an arbitration case must pay a $250 filing fee. Also, the broker must be the named party in a commission dispute. Another difference is that the hearing panel will only report their final decision regarding disposition of the award; they do not give any indication as to how they arrived at the decision.
Q I went through the complaint process, and it wasn’t like you describe it in the article.
A The article outlined the procedures for ethics complaints as they are handled by the Texas Association of REALTORS®, which currently administers professional standards for more than 56% of all Texas REALTORS®. However, if your local association administers its own professional standards, some of the procedures may vary from what was described, as long as the procedures meet the National Association of REALTORS® guidelines.
Q Can I lose my license if I’m found to have violated the Code of Ethics?
A No. REALTOR® associations have no authority over your license. Only the Texas Real Estate Commission can revoke your license. Penalties imposed by a hearing panel for an ethics violation may include mandatory education, probation, suspension
or expulsion from the association, suspension or termination of MLS privileges, and others.
Q Can a member of the public call a REALTOR® association to find out if a member has ever been found to have violated the Code of Ethics?
A No. Ethics violations are not public record. An association can adopt a policy to publish violators’ names in an official communication vehicle of the association if the REALTOR® has two violations within three years. Publication must be made consistently, not selectively.
Q Is there an appeals process if one of the parties doesn’t feel they have been treated fairly?
A Yes. In an arbitration case, either party can request a procedural review if they feel that there was a deficiency in due process (e.g., fraud, coercion, bias, prejudice, evident partiality, etc.).
For an ethics complaint, either party can request a re-hearing based on new evidence that was not available at the time of the hearing. Either party also can appeal if they feel there were procedural deficiencies or some other lack of due process that
may have deprived the person of a full and fair hearing.
Q I thought the local association’s board of directors were involved in part of the professional standards process.
A The local association’s board of directors must either ratify an ethics hearing violation as is, modify the decision, send it back to the hearing panel for further consideration of the discipline, send it to a new hearing panel, or dismiss it.
View the Code of Ethics in the Prof. Standards section of TexasRealtors.com.
Send questions about ethics to texasrealtor@texasrealtors.com. Not all questions received can be answered.
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REALTORS®, visit www.texasrealtors.com.
