A grievance alleges that a REALTOR® has violated an Article(s) of the REALTOR® Code of Ethics or an MLS participant or subscriber has violated the Multiple Listing Service Rules and Regulations.
Yes, ethics complaints must be filed within 180 days of the time that the alleged offense and relating facts could have been known by the complainant in the exercise of reasonable diligence. Request for arbitration must be filed within 180 days after the closing of the transaction, if any, or within 180 days after the facts constituting the arbitral matter could have been known in the exercise of reasonable diligence, whichever is later.
Ethics: An ethics complaint form must be completed and filed. In addition, a written statement of the facts (with appropriate documentation, if any) on which the complaint is based also must be included, dated and signed by the complainant. The appropriate Article(s) as they pertain to the facts in the alleged violation, must be cited in the complaint.
Only Articles 1 through 17 may be the basis of a complaint. The Code of Ethics’ Preamble is aspirational and establishes ideals that a REALTOR® should strive to attain. Because of its subjective nature, the Preamble may not be used as a basis for charges of alleged unethical conduct or as the basis for disciplinary action.
No. Standards of Practice may be cited only in support of the Article(s) of the Code of Ethics that was allegedly violated.
Yes. A charge of violating the law or Connecticut real estate regulations is not a matter that would be considered by the Mid Fairfield County Association of Realtors.
Procuring cause can be defined simply as the uninterrupted series of events that results in the successful close of a real estate transaction. However, there are many facets to procuring cause and REALTOR® members should view the Procuring Cause Guidelines on NAR’s website.
All Professional Standards rules and procedures are set forth in the National Association of REALTORS® Code of Ethics.
Yes. For a matter to be arbitrable the transaction must have closed.
Do I have to be the managing broker in order to file an Arbitration Request or a request for Mediation?
For a matter to be considered a mandatory arbitration request, the managing broker must be the requesting party.
There are no provisions for damages for an ethics complaint.
If I arbitrate with another broker regarding a monetary dispute as it relates to co-operative commissions is the Arbitration Award binding?
Yes, the mediation agreement as well as the arbitration award can be judicially enforced in the event the non-prevailing party fails to comply.
If I have a dispute with a managing broker of a brokerage who is a member of another board can I still arbitrate or mediate?
Yes, you may file the request for arbitration or mediation at your primary board.
An ethics complaint charges that a REALTOR® or non-resident member has violated an Article(s) of the Code of Ethics. An arbitration request involves a controversy over entitlement to a monetary transaction (e.g., a commission).
Any person, whether a member or not, having reason to believe that a member is guilty of any conduct subject to disciplinary action.
A customer, client or REALTOR®
The Professional Standards Committee at the Mid Fairfield County Board of Realtors.
It depends on the circumstances. A REALTOR® may be obligated to arbitrate, or he/she may have a choice as to whether or not to voluntarily participate in an arbitration proceeding conducted by the board/association of REALTORS®.
Mandatory – When thspute is between:
REALTORS® who are principal brokers (a sole proprietor, partner, corporate officer, majority shareholder, or branch office manager of a real estate firm) in different firms; Clients and REALTOR® principals.
Voluntary – When the dispute is between:
- Members in the same firm;
- A REALTOR®, who is a principal broker, and a non-member principal broker in another firm;
- Customers and REALTOR® principals.
The complaint is reviewed by the MFCAR Grievance Committee to determine if, taken as true on its face, a possible violation of the Code exists and the matter should be forwarded to a professional standards hearing. The Grievance Committee does not decide if a member has violated the Code. If the Grievance Committee forwards the matter to a professional standards hearing, a copy of the complaint is forwarded to the Respondent (the member alleged to have violated the Code). The Respondent is asked to submit a response to the complaint. A hearing is scheduled for the Complainant and Respondent. At the hearing both the Complainant and Respondent will be allowed a full opportunity to state his/her case. Only a Professional Standards Hearing Panel, comprised of MFCAR members, can determine whether the Code of Ethics has been violated.
Discipline against a member found to be in violation of the Code of Ethics may consist only of one or more of the following:
- Letter of Warning with copy to be placed in the member’s file
- Letter of Reprimand with a copy to be placed in the member’s file
- Requirement that the member attend appropriate educational courses specified by the hearing panel
- Appropriate fine not to exceed $15,000 (fine is paid to MFCAR)
- Member placed on probation for a stated period of time not less than thirty (30) days nor more than one (1) year
- Member suspended for a stated period of not less than thirty (30) days nor more than one (1) year
- Member expulsion for a specified period on one (1) to three (3) years
- Suspension or termination of MLS rights and privileges
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