By Andrea Davis , Fran Davis , and JJ Jones
W
1 ) From a Realtor ® member
hat Happens When …
A call is made to the Association ’ s Professional Standards Staff Member
• Verify that the respondent ( the person the complaint is against ) is a member of the Association .
• If the respondent is not the Broker , suggest that the complainant speak to the Broker of the agent in question . Often Broker involvement resolves any possible issue .
• If this is not a successful option , offer the services of an Ombudsman . The Ombudsman ’ s role is primarily one of communication and conciliation , not adjudication . Ombudsmen do not determine whether ethics violations have occurred or who is entitled to what amount of money , rather they anticipate , identify , and resolve misunderstandings and disagreements before matters ripen into disputes and possible charges of unethical conduct .
• If this is not successful nor an option , ensure that the member has discussed the matter with his or her Broker and / or the FR Legal Hotline .
• Finally if all attempts to resolve the issues are not successful , suggest the member file an official Ethics complaint with the Board . All Ethics complaints are first heard by our Grievance Committee .
2 ) From a member of the public and / or consumer
• Verify that the respondent is a member of the Association .
• If the respondent is not the Broker , suggest that the complainant speak to the Broker of the agent in question . Often Broker involvement resolves any possible issue .
• If this is not a successful option , offer the services of an Ombudsman . The Ombudsman ’ s role is primarily one of communication and conciliation , not adjudication . Ombudsmen do not determine whether ethics violations have occurred or who is entitled to what amount of money , rather they anticipate , identify , and resolve misunderstandings and disagreements before matters ripen into disputes and possible charges of unethical conduct .
• Finally if all attempts to resolve the issues are not successful , suggest the member file an official Ethics complaint with the Board . All Ethics complaints are first heard by our Grievance Committee .
Associations are responsible for enforcing the Realtors ® Code of Ethics . The Code of Ethics imposes duties above and in addition to those imposed by law or regulation which apply only to real estate professionals who choose to become Realtors ®.
If you have any questions about Professional Standards including Ethics , Ombudsman , Citation , Arbitration or Mediation please call Andrea Davis , Director of Professional Standards at 239-936-3537 , ext . 234 or email Andrea at Andrea @ rpcra . org .
There will be more information on the Professional Standards procedure coming next issue .
14 RPCRA . ORG | MAR / APR 2017