Code of Ethics, Complaints & Arbitration

2017 Code of Ethics 

One of the most important things that sets REALTORS® apart from other real estate practitioners is their acceptance and adherence to the Code of Ethics. But even with the best of intentions, occasional disagreements arise between REALTORS® and/or between REALTORS® and their clients or customers. Adherence to the Code of Ethics is monitored through a Professional Standards process that helps to resolve disputes through ethics proceedings, mediation and arbitration. 

Click here to view a copy of the National Association of REALTORS® (NAR) Code of Ethics and Arbitration Manual which governs the policies of the Kansas City Regional Association of REALTORS® with respect to all hearings may be obtained for a nominal fee by calling the Association (or feel free to come in to the board to review our copy  by appointment, if you prefer) or REALTORS® may go to the NAR website: http://www.realtor.org/code-of-ethics-and-arbitration-manual

 

Ethics Complaint Process  

If you wish to file an ethics complaint, you will want to review the Code of Ethics.  The Code is the standard by which the Grievance Committee of the Board reviews allegations of potential violations.  The Articles in the Code of Ethics are the specific obligations that can subject the member to disciplinary action after a due process hearing.  After carefully reading the Code, complete the ethics complaint form, including an explanation of why you believe a specific Article (or Articles) has been violated (e.g., "I feel that Article ____ was violated because...").  Any ethics complaint must cite an Article since that is the standard by which REALTORS®' conduct is judged; a Standard of Practice may only be cited in support of a charge that an Article was violated.  You must also include the date you became aware there was a potential violation.

When we receive an ethics complaint request, we will forward it to the Grievance Committee which will review the matter and decide if there are sufficient grounds for a hearing(s) by the Professional Standards Committee.  

Please understand that requests for ethics complaints must be filed within one hundred eighty (180) calendar days after the facts constituting the matter complained of was known, or could have been known, in the exercise of reasonable diligence (unless the board’s informal dispute resolution processes [e.g., ombudsmen or mediation] are initiated by the complainant).    

If you any questions or concerns regarding filing an ethics complaint, please e-mail Debbie Strange or give her a call at 913-266-5925.

2016 KCRAR Citation Program

Form E-1 Ethics Complaint 

Affidavit for Sworn Statements (required with Ethics Complaint)

Before You File an Ethics Complaint Brochure  

 

Arbitration Commission Dispute 

If your broker wishes to file an arbitration request to pursue a monetary claim arising out of a contractual dispute (or Standard of Practice 17-4) with another REALTOR  principal, your broker must complete the arbitration request form, state the amount sought and the date the dispute arose and date the contract was closed.  A non-principal cannot be party to an arbitration request, although you may attend the arbitration if you remain affiliated with your broker, maintain REALTOR or REALTOR-ASSOCIATE   membership, and have a monetary interest in the outcome.  Your broker must also include a clearly-written explanation of why he or she believes he or she is owed the money.

Mediation is another alternative available for solving monetary disputes.  Please refer to the enclosed brochure if interested in mediation. Your broker would need to request arbitration prior to mediation.  If your broker chooses to pursue arbitration at any time, return the completed arbitration request form, along with any supporting evidence, enclose an arbitration filing fee of $500.00.  There is no charge to file an ethics complaint.  If the case goes though an arbitration hearing panel the prevailing party will get there $500 filing fee returned or if the case goes though mediation and is successful then each party will have $400 of the $500 filing fee returned to them.

When we receive an arbitration request, we will forward it to the Grievance Committee which will review the matter and decide if there are sufficient grounds for a hearing by the Professional Standards Committee.  

Please understand that requests for arbitration must be filed within one hundred eighty (180) calendar days after the closing of the transaction or within one hundred eighty (180) calendar days after the facts constituting the arbitrable matter could have been known in the exercise of reasonable diligence, whichever is later). 

If you or your broker has any questions or concerns, please e-mail Debbie Strange or give her a call at 913-266-5925.

Form A-1 Request and Agreement to Arbitration
 
Affidavit for Sworn Statements (required with Arbitration Form)

NAR Mediation

 

Ombudsman Program

Please note that we also have an Ombudsman program available that could possibly assist you with your ethical concerns.  The Ombudsman will attempt to informally resolve your concerns through phone communication.  The Ombudsman’s role is primarily one of communication and conciliation, not adjudication.  Ombudsmen do not determine whether ethics violations have occurred, rather they anticipate, identify, and resolve misunderstandings and disagreements before matters ripen into disputes and possible charges of unethical conduct.