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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®
Yes. Ethics complaints must be filed within one hundred
eighty (180) days that the alleged offense and relating facts could have been
known by the complainant in the exercise of reasonable diligence. Requests for
arbitration must be filed within one hundred eighty (180) days after the closing
of the transaction, if any, or within one hundred eighty (180) days after the
facts constituting the arbitrable matter could have been known in the exercise
of reasonable diligence, whichever is later.
The Professional Standards Administrator at the Clark
County Association of REALTORS®
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 must also 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.
Arbitration–
An arbitration request form must be completed and submitted with details of the
dispute and the deposit as set by the association (not to exceed $500, which is
refundable if the requestor is found to be the prevailing party). In addition,
include whatever documentation may help to substantiate your position.
Only Articles 1 through 17 may be the basis of a
complaint. The 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) that was allegedly violated.
Yes. A charge of violating the law or State real estate
regulations is not a matter that would be considered by the Board/Association 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 the dispute is between: 1)
REALTORS® who are principal brokers in different firms; 2) clients and REALTOR®
principals.
Voluntary–
When the dispute is between: 1) Member is the same firm; 2) a REALTOR®, who is a
principal broker, and a non-member broker in another firm; 3) customers and
REALTOR® principals.
**Principal
Broker means – A sole proprietor, partner, corporate officer, majority
shareholder, or branch office manager of a real estate firm.
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