Here to help

Ombudsmen assist displeased consumers.

Read the full Code of Ethics.

by Jan Agee   Have you ever been unhappy with a service and wished someone were available to hear your complaint and take it seriously? The Texas Association of REALTORS®, which handles professional standards for 31 local associations, provides an ombudsman program to do just that. This program receives calls by complainants and communicates the desire of the REALTOR® community to address and resolve any problems. When a call comes into the association, the staff person:

• Encourages the complainant to visit with the broker-manager to try to resolve the situation.
• Clarifies the difference between the Texas Association of REALTORS® and the Texas Real Estate Commission.
• Provides an explanation of ethics hearings, mediation, and the informal ombudsman process.

If the caller is interested in using an ombudsman, that person gives TAR staff permission to share his or her name with the association’s ombudsman. The TAR staffer informs the person that the ombudsman will be in touch within 48 hours.

A REALTOR® member serving as ombudsman (currently, 14 TAR members volunteer as ombudsmen) receives the contact information from the association staff and contacts the complainant. During the first contact with the complainant, the ombudsman:

• Explains that he or she is a volunteer of the association and outlines the ombudsman’s role.
• Points out the confidentiality of the conversation and stresses that anything repeated to the REALTOR® with whom the complainant is unhappy will be done only with the complainant’s knowledge and consent.
• Listens patiently to the complainant’s story, takes good notes, and makes no judgments.
• Makes a professional commitment not to determine if an ethics violation has occurred; Rather, the ombudsman identifies and attempts to resolve misunderstandings and disagreements before matters ripen into disputes and possible charges of unethical conduct.
• Explains the options available to the complainant and encourages communication with the REALTOR® with whom the complainant has become displeased.

The ombudsman takes the direction requested by the complainant. That may be:

• Call the REALTOR® or the REALTOR®’s broker to communicate the complainant’s concerns and encourage the REALTOR® to call the complainant.
• Forward a package so the complainant may file a formal complaint with the Grievance Committee.

In the event the ombudsman concludes a violation of the public trust may have occurred (defined by NAR as "demonstrated misappropriation of client or customer funds or property, willful discrimination, or fraud resulting in economic harm"), the ombudsman process is immediately terminated, and the parties are advised of the right to pursue a formal ethics complaint, to pursue a complaint with any governmental or regulatory body, to pursue litigation, or to pursue any other available remedy.

The ombudsman program has been successful in providing complainants the opportunity to vent concerns. The program addresses concerns quickly and gives complainants access to someone interested in listening to their story. Frequently, a complainant simply wants someone to listen.

The ombudsman program shows the public the association is concerned and its members want to resolve their issues. At the same time, the broker-manager has the advantage of becoming aware of matters prior to the filing of a complaint.

Several local associations that administer their own professional standards also use an ombudsman, and TAR encourages any others interested in following suit to contact TAR’s board services staff.

Jan Agee, ABR, CRS, GRI, serves on the TAR Professional Standards Committee and is an MCE and GRI instructor. She is broker/owner of FirstPlace Property Services in Arlington.

Send questions about ethics to texasrealtor@texasrealtors.com. Not all questions received can be answered.

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