They done me wrong............now what?

By
Real Estate Agent with RE/MAX Shoreline New Hampshire & Maine

If you feel one of your fellow Realtors has done you wrong and in doing so violated one of the articles of Code of Ethics what could you.........what should you....do about it.

Step 1. Go to your local board or association and get an ethics violation complaint form.

Take it back home or to your office and fill it out in as much detail as possible, specifying the offense, when it was committed, how it was committed, and by whom.

Attach any supporting documentation you have, i.e. affidavits from witnesses, contacts, or any documentation related to the transaction or offense you believe has been committed.

Step 2. return your completed complaint form along with any supporting documentation to your local board or association.

They will notify the respondent that an allegation of the Code has been filed against him or her and give them a reasonable length of time to deliver a response.

Step 3. will be taken by your local grievance committee when they review your complaint as well as the respondent's side of the story, and decide if there is enough evidence of a violation of our Code of Ethics to send it up for a hearing by a professional standards committee.

If the decision to forward it on for a hearing you and the defendant will be notified of the hearing date and you both must appeal in person to tell your story to a Professional Standards hearing panel.

After hearing all testimony and reviewing the documentation they will meet in executive session and decide who's right, who's wrong and what to do about it.

They have a specificied list of punishments and educational requirements they can order for the offerder ranging from a letter of reprimand in their file to a fine or suspension or expulsion from membership in your local board or assocaition.

However in order to make this happen you have an affirmative obligation to start the process by filing a written complaint and following through with it.

Nothing will happen unless you start the ball rolling.

Most of what happens in our local boards or associations is up to us; our associations are what we make them or what we let them become.

Board staff should be able to advise you on the proper procedures and the mechanics of filing a complaint. You should file one if you feel someone has violated the Code of Ethics.

 

 

Posted by

Jim Lee , REALTOR®, Certified Residential Specialist (CRS)

http://JimLee.com  RE/MAX Shoreline

100 Market St., Suite #200, , Portsmouth, NH 03801 Phone: (603) 431-1111 x3801

Visit New Hampshire Maine Real Estate.com to search homes, get Seacoast area information, and find out how great living on the New Hampshire and southern Maine Seacoast really is.

 

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Rainmaker
659,636
Randy Prothero
eXp Realty - Mililani, HI
Hawaii REALTOR, (808) 384-5645
That is a tough decision to make many times.  You have to file the papers, take time out from you schedule to follow through and then after it is all said and done you will probably be on the other side of agents from that office and possibly that very agent.  It is easy to see how some of the bad agents seem to hang around for ever.
Mar 12, 2007 09:03 PM #1
Rainmaker
600,292
Jim Lee
RE/MAX Shoreline - Portsmouth, NH
Portsmouth NH Realtor, Portsmouth, NH

It is a touch decision to make and it does take time from your business, and yes, the other agent and possibly their whole office could probably not like you anymore.

However in the long run, would you find it satisfying to know you made a small contribution to help improve our business and help a fellow Realtor realize the error or his or her ways and correct them?

I filed an ethics complaint against a Realtor in our board about 7 years ago for some improper advertising. I called first, wrote a letter to this person second, and was finally left with no choice but to file a complaint.

We're probably not best of friends now but we've done a deal together since then and we're on speaking terms.

But best of all, they're not continuing to promulgate false advertising and mislead consumers.

I see that as a win for me, a win for them, and a win for each and every Realtor in my association.

You don't file complaints to punish offenders but to educate them and get them on the right road.

If we don't take the initiative and file complaints against offenders it's pretty likely that nothing will change.

Mar 12, 2007 10:54 PM #2
Rainmaker
513,582
Leigh Brown
Leigh Brown & Associates, RE/MAX Executive - Charlotte, NC
CEO, Dream Maker - Charlotte, NC
It is so challenging to be in an industry where we have to police ourselves.  I had to file a complaint against another agent earlier this year-and I hated to take the time and energy to do it, but she ignored voicemails and emails and it took action on my part to get the error corrected. So what if she never speaks to me again?  There are 10,000 other agents in town at this point and there's no other way for problems to get fixed if I won't speak up.
Mar 13, 2007 04:26 AM #3
Rainmaker
659,636
Randy Prothero
eXp Realty - Mililani, HI
Hawaii REALTOR, (808) 384-5645
I agree it is important to file the complaints, but we can all agree on how so many bad agents can get away with so much.  Many times the other agents are just glad to be done with them and move on to make money.
Mar 13, 2007 08:55 AM #4
Rainmaker
139,660
Vicki Lloyd
The Lloyd Realty Group - San Diego, CA
(619)452-9798, Real Estate San Diego California

I wish ethics training were taken more seriously by local AORs as well as agents.  I had semi-slept through several classes in my first few years, thinking "I'm ethical, so this doesn't apply to me."  To my knowledge, I never have violated our COE, but I have been on the other end several times, and never considered filing a complaint,  thinking it was just part of the business that we have to put up with. 

After several years reading quotes about SOP #s on RealTalk, then taking the on-line version of the NAR ethics class, I decided to take it a lot more seriously.  I am now on our "Pro Standards" committee, and attend training and refresher courses each year, as well as sitting on hearing panels. 

Just the thought of being called in to a hearing and having to admit ethical violations in front of my peers is enough to make me think twice about anything "on the edge" of ethical!

 

Mar 15, 2007 04:16 AM #5
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Rainmaker
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Jim Lee

Portsmouth NH Realtor, Portsmouth, NH
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