leighyork

Do you feel like a majority of your peers are violating the Code of Ethics on a daily basis?  You may be right.  What have you done about it?

As REALTORS, not only are we committed to following the code, we are responsible for enforcing the code.  Often, when something is going wrong we can simply have a conversation with the REALTOR.  Sometimes, it makes sense to discuss it with their broker or manager.  After all, the purpose of the code is for REALTORS to follow it.  Sometimes a little bit of education goes much farther than a complaint.  However, if these remedies don’t work and bad behavior persist, you become just as culpable as the offender by not filing a complaint.

The basic procedure for enforcement is the same for all NAR members.  However, there are some detail choices that local associations may make in regards to their procedures.  There are also some programs that are optional but go hand in hand with the process.  Ombudsman and citation programs come to mind immediately.

Anyone, consumer or REALTOR, may file a complaint.  The complaint first goes to a Grievance Tribunal.  The GT acts very similarly to a grand jury.  Assuming that everything shown in the complaint is true, without investigation, could there possibly be a violation?  If so, the complaint is forwarded to a hearing panel.

The hearing panel is compiled of REALTOR members with knowledge of the subject matter.  Meaning, if the complaint resulted from residential sales activities a panel will not be comprised of commercial practitioners.  The panel will hear and review all evidence presented from each side and determine if there is a violation and specify which Articles have been violated.  They also determine appropriate sanctions when a violation has occurred.

A respondent found in violation of one or more Articles has the right to appeal when certain circumstances occur. All decisions and sanctions must have a final approval from the respondent’s local Board of Directors.

Sometimes a case may be used for educational purposes.  We call these case studies and real names are never included.  These are for learning purposes only.  Recently, I have seen and heard discussion about making these names public information.  I ask you to consider that the goal is for REALTORS to learn from their mistakes and become better representatives for their clients.  If poor behavior persists, they can lose their REALTOR memberships.  In most markets, that is equivalent to losing their licenses.  When someone makes a mistake once and corrects their behavior, it is my opinion that we don’t throw them under the bus.  Let’s remember that though some members evolve and some do not, they are all created equal.