COMPLAINT MATERIALS for ETHICS
A complaint must be filed within 180 calendar days after the closing of the transaction, if any, or after the facts constituting the matter could have been known in the exercise of reasonable diligence, whichever is later. Please return the completed filing form with a written explanation of the complaint (marked Exhibit A) that identifies section(s) within the Code of Ethics and/or MLS Rules you believe have been violated, as well as any/all supporting documentation(copies of contracts, letters, etc.). NOTE - Please return 6 copies of the complaint packet along with the original copy. Try to include, as evidence, everything that may be pertinent to the complaint in supporting your position. Return the complaint packet to this office, including all supporting documentation, and present your case, and should bring any witnesses you feel may be pertinent to your case. (During a Hearing, witnesses are present for the swearing in portion, then are only present during their own personal testimony.) You will be notified of the Grievance Committee determination.
- CA Association of REALTORS professional standards information
- Code of Ethics and Arbitration Manual
- Code of Ethics - Revised 1/1/17
- MLS Rules
- Disciplinary Complaint filing form
- Outline of Procedure for Ethics Hearing
COMPLAINT MATERIALS for ARBITRATION
The broker (and agent, if applicable) against whom you are filing must be members of this Association and/or MLS, and with whom you have a dispute arising out of the real estate business. You also must have a written arbitration contractual agreement with the broker/agent in order to arbitrate. If you act as a salesperson in your company, your Broker must co-sign the Complaint with you. A complaint must be filed within 180 calendar days after the closing of the transaction, if any, or after the facts constituting the arbitrable matter could have been known in the exercise of reasonable diligence, whichever is later. To file an Arbitration, please complete the enclosed Arbitration Complaint form (Form A-1) and return it along with the filing fee of $100.00 (check payable to Pismo Coast AOR or PCAOR). The purpose of Arbitration is to seek monetary compensation through the Professional Standards Hearing process. Please return the completed filing form with written explanation of the complaint (marked “Exhibit 1), as well as all supporting documentation(copies of contracts, letters, etc.)
Try to include, as evidence, everything that may be pertinent to the complaint in supporting your position. When a Hearing is held, you and your Broker would attend and present your case, and should bring any witnesses you feel may be pertinent to your case.(NOTE: If you act as a salesperson registered under a broker, your broker MUST also join/sign as a co-complainant.) If you intend to request that the Hearing Panel consider refunding your Arbitration costs to you, you must complete the A10 Request For Costs form and submit it along with your original complaint (it may NOT be considered by the Panel unless it was submitted in the beginning of the complaint period, not during the Hearing).
Prior to holding Arbitration, you may choose to go through the process of voluntary non-binding Mediation with no filing fee required, if the responding party agrees. Please review the enclosed Request for Mediation and Mediation Confidentiality Agreement to make your determination. Mediation is not a binding agreement, but can work to help resolve conflicts without having to go through the full filing/hearing process of Arbitration. Remember that this step is voluntary on the part of all parties involved, and is non-binding. Return the Arbitration complaint packet to this office, including any supporting documentation, along with 7 additional copies of the packet. An Arbitration Hearing would be scheduled for appx. 4 weeks after the time you file the forms and fee with this Association. The member against whom you file will be given an opportunity to submit a written response plus documentation, of which you will receive a copy. You will be notified of a date and location for a Hearing after that time, and will receive a copy of the potential Panel members qualified to serve as the Arbitration Panel, a form to challenge a panel member(s) for specific reasons, and Outline of Procedure for the Hearing.