If you have a commission dispute with a REALTORS® member or an MLS member from a different firm within the Association, you are required by Article 17 of the Code of Ethics and Section 16 of the MLS Rules to have the issue arbitrated at the Association.

You may want to review the CAR Procuring Cause Guidelines Q & A to assist you in the preparation of your complaint.

You must file an arbitration complaint within 180 days from the date the transaction closed, or the facts could have been known with reasonable diligence- whichever is later.

The party that files the complaint is known as the "Complainant" ; the party that is filed against is known as the "Respondent".

Unlike ethics complaints, you cannot use the services of an Ethics Advocate for arbitration complaints, but you may be represented by private counsel.

Mediation is the preferred method of commission dispute resolution of the National Association of REALTORS®, therefore, requests for an arbitration package will always include the option to mediate. If you would like more information on the benefits of mediation for your commission dispute, please click here.

In order for a Professional Standard panel to review and award on an arbitration (monetary) matter, Arbitration Complaint form (A-1) must be filled out and returned to the Association. In filling out the Arbitration form (A-1), please note the following:

1. Write in the name(s) of the respondent (the person against whom the complaint is made).You MAY include the name of the Responsible Broker or Participant. IMPORTANT: Read the Code of Ethics Standard of Practice 17-4 prior to naming the Respondents.


2. Write in your name as the complainant. The Broker you were affiliated with at the time of the disputed transaction must join the complaint as a complainant as the arbitration will not be processed with the salesperson as the sole complainant.


3. Be sure to submit your check for $500 payable to Bay East Association of REALTORS®. The arbitration will not be processed without the filing fee.


4. Attach a typed statement of the facts and circumstances supporting the case, this will be marked "Exhibit 1" . You may attach supporting documents to the statement.


5. Mail to: Bay East Association of REALTORS®, Professional Standards Dept. 7901 Stoneridge Drive, Suite 150, Pleasanton, CA 94588


6. Once all the necessary information is received by the Association, a copy will be forwarded to the respondent(s) requesting a reply. Upon receipt of the reply you will be sent a copy.


7. You will be sent a roster of the eligible Professional Standards panel members; you have the right to challenge any member on the list that you do not want as a potential panelist.


8. Keep in mind, all elements of the complaint process are carefully timed to provide all parties with due process. Do not delay in responding to any notices or requests from the Association.


9. You will be notified by mail once a hearing date and panel have been identified.


10. It is your responsibility to prepare six copies of all documents and evidence you intend to present at the hearing. Failure to make sufficient copies may result in a $50 fee for copies made.


11. You have the right to issue subpoenas for witnesses or documents you need to support your case.


12. Read the Outline of Procedure included in your package from the Association. This form details the hearing process.

If you have any further questions, please do not hesitate to call Pam Barnes at (925) 730-4074 or contact her here.

Professional Standards Documents