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Professional Standards Programs

Professional Standards

The professional standard which sets REALTORS® apart from other real estate professionals is their acceptance and adherence to the National Association of REALTORS® Code of Ethics. Created in 1913, the Code has been updated many times through the years to reflect current developments in our profession. Even with the best of efforts, occasional disagreements arise between REALTORS® and/or their peers and clients.

The Professional Standards Committee is charged with the responsibility for the enforcement of the National Association of REALTORS® Code of Ethics, the MLS Rules that do not have automatic fines, and all other membership duties and obligations. Bay East Professional Standards Committee has several programs in place to assist you in resolving ethics or arbitration issues, by quickly and economically settling these disputes without going to court. NAR also provides information and resources on Professional Standards and Code of Ethics.

Ombudsman Program

Ombudsmen can help you understand if a possible violation has occurred and recommend ways to resolve the situation before it becomes a more formal process. Ombudsmen are available to both REALTOR® members and members of the public.

What is it?

The Ombudsman Program is a FREE voluntary way of discovering if a possible ethics or rules violation has occurred with other members or clients.

How does it work?

Ombudsmen do not advocate for any party or attempt to decide who is at fault. Instead, they assist all of the parties in understanding the issues and recommend options for resolving the situation before a more formal process is necessary.

What happens if the parties can’t agree?

If the parties can’t agree to the Ombudsman’s recommendation, they can proceed with a mediation or enforcement process with Bay East, California Department of Real Estate (DRE) or the court system.

Ombudsman Request Form

Request an Ombudsman by completing this form.

Review the National Association of REALTORS® Code of Ethics.

Ethics Advocate Program

Ethics Advocates are trained Professional Standards REALTOR® members who can help you decide if a situation is a potential ethics or rules violation.

What are they?

Ethics Advocates are specially trained and very knowledgeable Professional Standards REALTOR® members that know the Code of Ethics and the MLS rules, and who will assist you in determining if the facts and circumstances of your situation would be a potential violation of one or more rules.

How does it work?

Whether you are the complainant or the respondent, your assigned Ethics Advocate will assist in the completion of the forms, the preparation of the evidence and exhibits to support your complaint, the filing of the complaint with the Association, and accompany you to the hearing if you wish. NOTE: Please be sure to submit your D-1 Disciplinary Complaint and Exhibit 1 prior to requesting an Ethics Advocate.

Ethics Advocate Request Forms

Request an Ethics Advocate by completing this form.

Request an Ethics Advocate Communications Preferences form.

Request an Ethics Advocate Acceptance form.

Commision Disputes

Mediation

Mediation is the preferred method of commission dispute resolution of the National Association of REALTORS®.

During this process, a neutral mediator panel assists you in reaching a voluntary, negotiated agreement. Choosing this method promotes better relationships, reduces stress, lowers costs and decreases the time to reach a resolution.

Association mediators are REALTOR® members, specifically trained and experienced in dispute resolution through the mediation process for real estate related disputes, including commission and referral agreement disputes.

Start the mediation process for a commission dispute by completing the Intake Form. Once signed, please email the form to professionalstandards@bayeast.org.

Please note that this form is an Arbitration request submission as arbitration will be necessary should mediation be unsuccessful. Once the form is completed, our Professional Standards staff will reach out with the next steps.

Arbitration

Arbitration is a settlement process in which a third party reviews the dispute and imposes a decision that is legally binding for all of the parties. Click here for a FAQ on C.A.R. Procuring Cause.

If you choose this method of resolution, these step by step instructions will start the Arbitration process.

Step 1 – Filing instructions

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. Arbitration Complaint Form. Once signed, please email the form to professionalstandards@bayeast.org.

(Note: If the respondent is from another Association, this qualifies as an Interboard Arbitration and would be handled by California Association of REALTORS®. Interboard Arbitration info and filing instructions.

Step 2 – Documents

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.

Step 3 – Filling instructions

Submit complaint form with payment (check or credit card accepted) to Bay East Association of REALTORS® by mail or email professionalstandards@bayeast.org.

Pricing Information

The following pricing includes the fees and expenses for mediation and arbitration processes.

  • REALTOR® to REALTOR® Mediation/Arbitration – $700.00*

*$500 eligible for refund if the dispute is mediated successfully

Buyer / Seller Disputes

Bay East offers affordable ways for members and their clients to resolve real estate transaction disputes at any point during or after the transaction.

WHAT IS DISPUTE RESOLUTION?

Dispute resolution is a member service available to all members and their clients at special rates, to resolve disputes arising from the real estate transaction at any point during or after the transaction. Learn more about our Mediation Policy and Procedures.

WHO CAN HELP?

Association mediators are REALTOR® members, specifically trained and experienced in dispute resolution through the mediation process for real estate related disputes, including but not limited to:

  • Deposit disputes
  • Contingencies not met
  • Specific performance
  • Non-disclosure issues
  • Boundary disputes or
  • Any other issue subject to the “mediation clause” arising from the listing contract between a REALTOR® and seller or from the purchase contract between buyers and sellers.

How do you start?

A neutral mediator panel assists you in reaching a voluntary, negotiated agreement. Choosing mediation to resolve real estate disputes promotes better relationships and reduces stress, costs, and time involved in other dispute resolution methods. Complete the Mediation/Dispute Form to start. Once signed, please email the form to professionalstandards@bayeast.org.

Pricing Information

The following pricing sheet includes the fees and expenses for dispute resolution processes.

  • Buyer: $500
  • Seller: $500

Buyer vs. Seller / Seller vs. Buyer: $1,000

Disciplinary Ethics Complaints

Our Professional Standards Committee is responsible for enforcing NAR’s Code of Ethics, MLS Rules and membership responsibilities. There are three different types of complaints for alleged violations of these standards. The Ethics Complaint (See Below) which involves a hearing with a panel of trained Professional Standards members and each party has a chance to present evidence ask and answer questions. The Anonymous Ethics Complaint (See Below) which remains anonymous, but the alleged violation must be “touched, heard or seen” without testimony or witnesses. The Citation Program (See Below) is also anonymous but limited to Article 12 Failure to present a true picture in real estate communications and advertising

Ethics Complaint

Ethics Complaints are alleged violations of the Code of Ethics as well as our MLS and Membership Rules.

Citation Program

The Professional Standards Committee with the approval of the Board of Directors implemented a schedule of fines for certain Code of Ethics violations effective January 2015. A REALTOR® receiving a citation may either (1) pay the amount specified on the citation; (2) complete specified training when applies; or (3) request a full hearing. A list of applicable citations and fees.

To file an alleged violation of Article 12 by Citation submit this form.

Ethics Complaints Process

The following instructions will assist you in filing a Disciplinary Complaint or view the graphic that explains the Code of Ethics enforcement process.

Step 1 – Review The Rules

Review the NAR’s Code Of Ethics and Bay East MLS Rules and Regulations to decide if a violation has occurred.

Step 2 – Complete the online Ethics Complaint Submission Form

Complaint Filing Packet. Once signed, please email the form to professionalstandards@bayeast.org.

Step 3 – Fill In Your Name

Write in your name as the complainant.

Step 4 – Name The Respondent

Fill in the name(s) of the “Respondent” (the person(s) against whom the complaint is made. This MAY include the name of the Responsible Broker or Participant for an alleged violation of the Code of Ethics and/or violation of the MLS Rules & Regulations).

Step 5 – Identify The Violation

Specify which violation(s) that you are citing by checking the Code of Ethics Article(s) and/or entering the MLS Rules Section number(s).

Step 6 – Attach Support Documents

Attach a typed statement of the facts and circumstances that support your allegations. This statement will be marked “Exhibit 1”. You may also attach other supporting documents to your statement.

Step 7 – Complete The Form

Answer the remaining questions on the form.

Step 8 – File The Complaint

There is no fee for filing an ethics or grievance complaint. If a hearing panel determines a violation has occurred, the Respondent(s) will be assessed a $500 administrative fee.

Additional Resources

C.A.R. Resources
» C.A.R. Free Legal Advice
» C.A.R. Peer-to-Peer Ethics Infoline

NAR Resources
» NAR Legal Page

Department of Real Estate
» DRE Consumer Page

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