Dispute Resolution
Professional Standards for REALTORS®
NAR's Code of Ethics, adopted in 1913, was one of the first codifications of ethical duties adopted by any business group. The Code ensures that consumers are served by requiring REALTORS® to cooperate with each other in furthering clients' best interests.
As members of RASM, REALTORS® are required to conduct business in a manner that follows a higher standard than mandated by law. A REALTOR® earns their title through a commitment to: Competency, Fairness, and Integrity. Commitment to these principles is what separates REALTORS® from other state-licensed real estate agents.
RASM's Professional Standards department provides a streamlined process for members and their clients to resolve ethics complaints and arbitration requests efficiently, eliminating the need for court involvement. Options for dispute resolution include the ombudsman program, filing a formal ethics complaint, our mediation services, and arbitration.
Ombudsman
The purpose of the Ombudsman Program is to provide enhanced communications and initial problem solving to callers concerning REALTORS® and real estate related transactions. This process can be beneficial for both consumers and REALTOR® members. An ombudsman is a REALTOR® member appointed by the Association. Their 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 Dispute Resolution
If your dispute requires prompt assistance, we offer an the ombudsman program. This informal mediation process is conducted by a trained volunteer REALTOR® appointed to resolve disputes. Ombudsmen are trained to use constructive communication and to advocate for consensus.
Ethics
REALTORS® are different from non-member licensees in that they voluntarily subscribe to a strict Code of Ethics. If you believe that a REALTOR® has violated one or more Articles of the Code of Ethics, you can file an ethics complaint alleging a violation(s) through the local association of REALTORS® where the REALTOR® holds their membership or participates in a REALTOR® association-owned/operated MLS.
Please consider using our alternative dispute resolution services (Ombudsman and/or Mediation) prior to filing a formal complaint.
Before You File an Ethics Complaint
Here are some general principles to keep in mind before you file a complaint.
- Ethics complaints must be filed with the local board or association of REALTORS® within one hundred eighty (180) days from the time a complainant knew (or reasonably should have known) that potentially unethical conduct took place (unless the Board’s informal dispute resolution processes are invoked in which case the filing deadline will momentarily be suspended).
- The REALTORS® Code of Ethics consists of seventeen (17) Articles. The duties imposed by many of the Articles are explained and illustrated through accompanying Standards of Practice or case interpretations.
- Your complaint should include a narrative description of the circumstances that lead you to believe the Code of Ethics may have been violated.
- Your complaint must cite one or more of the Articles of the Code of Ethics which may have been violated. Hearing panels decide whether the Articles expressly cited in complaints were violated, not whether Standards of Practice or case interpretations were violated.
- The local board or association of REALTORS®' Grievance Committee may provide technical assistance in preparing a complaint in proper form and with proper content.
Filing an Ethics Complaint
Filing an ethics complaint is a 5-step process that you can complete online.
- Each blank field within the form MUST be completed before you can proceed to the next step.
- All documents MUST be in English.
- You must save your documents in either PDF or PNG format to upload them. Documents must be smaller than 50MB and you cannot proceed to step 4 until the documents are fully uploaded.
Arbitration & Mediation
When there is a procuring cause issue over a sale or there exists some other disputes between REALTORS® as defined in Article 17 of the REALTOR® Code of Ethics brokers are encouraged to attempt to reach an agreement before filing for arbitration. However, if this is not possible, REALTOR® members are required to arbitrate as part of their membership duties, prior to seeking legal justification.
Arbitration must be filed within 180 days after 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. Arbitration is a means of resolving a monetary dispute arising out of a real estate transaction that the parties have been unable to solve themselves. An arbitration request is a simple notice by a member of a disagreement with another member, usually a commission dispute. Arbitration does not award damages.
Filing an Arbitration Request
- Each blank field within the form MUST be completed before you can proceed to the next step
- All documents MUST be in English
- You must save your documents in either PDF or PNG format to upload them. Documents must be smaller than 50MB and you cannot proceed to the next step until the documents are fully uploaded.
There is a $500 arbitration filing fee.
Mediation Services
Principals are offered "mediation" prior to the arbitration hearing.
Mediation is NAR's preferred method of dispute resolution. All local Realtor® Associations must, as a benefit of membership, offer the ability to mediate otherwise arbitrable disputes. All parties must voluntarily agree to mediation. If the parties agree to mediate, RASM will provide a trained mediator and if the parties reach a settlement both parties will have their deposits refunded. If mediation fails, the arbitration request will be scheduled for a hearing and only the prevailing party will receive a refund of their deposit.
The principals are offered "mediation” prior to the arbitration hearing. Mediation is when the principals meet with a Mediation Officer of the association and attempt to negotiate a settlement of the dispute. The decision is binding only by mutual agreement of all parties.
Questions?
Contact the Professional Standards Department by email or call (941) 952-3402.
Have a Lockbox Complaint?
If you have reason to believe an agent has violated RASM's lockbox rules, you can submit a lockbox complaint form.
Check Our Calendar
Find the latest classes and events offered by RASM by visiting our calendar.