If an Arbitration has been filed against you

If you have received an arbitration complaint from the Association - don't panic! The complaint is from another REALTOR® or MLS member that either alleges that they were the procuring cause for the subject transaction; or that they were not compensated the full amount of commission they were entitled to.

Commission disputes with another REALTOR® member or an MLS member from a different firm within the Association are required to be arbitrated at the Association by Article 17 of the Code of Ethics and Section 16 of the MLS Rules. The party that filed the complaint is known as the "Complainant". The party that was filed against is known as the "Respondent". You have very important due process rights including:

1. The right to a full and fair hearing
2. Before an impartial hearing panel
3. With knowledge of the charges against you
4. The opportunity to defend yourself
5. The right to be represented by legal counsel

You may want to review the CAR Procuring Cause Guidelines Q & A to assist you in the preparation of your response. Mediation is the preferred method of commission dispute resolution of the National Association of REALTORS®, therefore you have the right to request that the issue be mediated. If you would like more information on the benefits of mediation for your commission dispute, please click here.

In filling out the Arbitration response form (A-3), please note the following:

1. Attach a typed statement of the facts and circumstances supporting your position, this will be marked "Exhibit A" . You may attach supporting documents to your statement.
2. Mail to: Bay East Association of REALTORS®, Professional Standards Dept. 7901 Stoneridge Drive, Suite 150, Pleasanton, CA 94588
3. 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.
4. 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.
5. You will be notified by mail once a hearing date and panel have been identified.
6. It is your responsibility to prepare six copies of all documents and evidence you intend to present at the hearing. Failure to bring copies of the documents you will be presenting as evidence can result in a $50 charge to make copies.
7. You have the right to issue subpoenas for witnesses or documents you need to support your case.
8. Read the Outline of Procedure included in your package from the Association or click here for a copy. This form details the hearing process.