What's the difference between a ethics/grievance complaint and arbitration request?
A grievance alleges that a REALTOR® has violated an Article(s) of the Code of Ethics or an MLS-only subscriber has violated the Multiple Listing Service Rules and Regulations.
An arbitration request involves a dispute over entitlement to a monetary transaction (over a commission).
To view a diagram of how Grievances and Arbitrations are handled, click here.
Who can file an ethics complaint?
Any person, whether a member or not, having reason to believe that a REALTOR® member or MLS subscriber is in violation of any conduct subject to disciplinary action.
Who can file an arbitration request?
REALTORS®, REALTOR®-Associates, MLS participants agree to arbitrate contractual disputes with their clients, provided the client agrees to binding arbitration using Association facilities and be bound by the arbitration award.
Is there a time limit?
Yes, ethics complaints must be filed within 180 days of the time that the alleged offense and relating facts could have been known by the complainant in the exercise of reasonbale diligence.
Request for arbitration must be filed within 180 days after the closing of the transaction, if any or within 180 days after the facts constituting the arbitrable matter could have been known in the excercise of reasonable diligence, whichever is later.
Who should I contact regarding a complaint?
Contact OCAR's Professional Standards Deparment: (949) 586-6800, ext. 108
Rena Budesky, Professional Standards
What should be included with the ethics complaint?
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 OCAR (our Professional Standards Department will provide this information). In addition to whatever documentation that may help to substantiate your claim.
Are there certain Articles that can or can't be cited?
Only Articles 1 through 17 may be the basis of a complaint. The Code of Ethics' 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.
Can Standards of Practice be cited in an ethics complaint?
No. Standards of Practice may be cited only in support of the Article(s) of the Code of Ethics that was allegedly violated.
Are there issues or complaints that should not be brought before OCAR?
Yes. A charge of violating the law or California real estate regulations is not a matter that would be considered by the Orange County Association of REALTORS®. Also, OCAR is not a court of law where criminal and/or civil issues are resolved.
Is arbitration mandatory?
REALTORS®, REALTOR®-Associates, and MLS participants agree to arbitrate contractual disputes with their clients, provided the client agrees to binding arbitration using Association facilities and be bound by the arbitration award.
If the Broker and Salesperson have previously agreed to arbitrate disputes between them using a standard form with an agreement to arbitrate or other written agreement to arbitrate using the Association's facilities, they are bound to arbitrate (section 42 of the California Association of REALTORS® Code of Ethics and Arbitration Manual).
Definitions found in the Code of Ethics:
A client means the person(s) or entity(ies) with whom a REALTOR® or a REALTOR®’s firm has an agency or legally recognized non-agency relationship.
A customer means a party to a real estate transaction who receives information, services, or benefits but has no contractual relationship with the REALTOR® or the REALTOR®’s firm
A prospect means a purchaser, seller, tenant, or landlord who is not subject to a representation relationship with the REALTOR® or REALTOR®’s firm.
An agent means a real estate licensee (including brokers and sales associates) acting in an agency relationship as defined by state law or regulation.
A broker means a real estate licensee (including brokers and sales associates) acting as an agent or in a legally recognized non-agency capacity.
*Information on this page does not constitute legal advice and is provided as a reference only. If you have any questions about the complaint process, it is strongly recommended that you contact OCAR's Professional Standards Department.
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