File a Complaint
Instructions for Filing a Code of Ethics Complaint
Instructions for Filing an Ethics Complaint
- The Montgomery Area Association of REALTORS® can only process ethics complaints against members of our association.
- This Ethics Complaint Form must be completed and signed before our Grievance Committee can review the complaint. Be sure to name all individuals you have a complaint against. A statement of events involving the complaint should accompany the complaint form. Please include which articles you feel the REALTOR® has violated and how that article applies to your situation. 2017 Code of Ethics Articles
- Copies of any pertinent documents should also be included with your complaint (agency agreement form - is the REALTOR® working as a buyer’s agent, seller’s agent, limited consensual dual agent, or contract broker - final contract, walk-through agreement, and any other documents related to this transaction).
- Call Connie Addie at our association office 396-0256 if you would like a member of our Grievance Committee to help you file your complaint.
The Grievance Committee will meet within a few weeks after receiving your complaint. If the decision is made to forward your case for a hearing, we will request a response from the “respondent”. After receiving the response, we will contact you to schedule a convenient time for you to attend the hearing. An outline of the hearing process will be mailed to you prior to the actual hearing. The entire process usually takes between seven and twelve weeks (depending upon how quickly responses are made to the necessary paperwork that must be filed for the hearing).
We strive to have all our REALTORS® behave in an ethical and professional manner, however, whether from lack of education or other means, it is sometimes necessary to bring a member before the Professional Standards Committee to determine if a violation of the Code of Ethics has occurred. The purpose of our Grievance procedures is to reprimand those who have not upheld the Code of Ethics, and to educate them so future customers and clients will receive the professional, ethical services they deserve.
Instructions and Information for Filing and Replying to Arbitration Requests
General Instructions and Information for Filing and Replying to Arbitration Requests:
- Arbitration Request must be typewritten and submitted with a sufficient number of copies to enable the Association to provide one to each respondent plus one copy for the Association’s records. Any reply must be typewritten and submitted with a sufficient number of copies to enable the Association to provide one to each complainant plus one copy for the Association’s records. Additional copies of the Arbitration Request and reply should be furnished by the complainant and respondent as requested by the Secretary. If the complainant is a member of the public, extra copies of the Arbitration request are not required.
- Arbitration Requests will be referred to the Association Secretary (or Executive Officer), and by the Secretary to the Chairperson of the Grievance Committee. If the Grievance Committee finds the matter to constitute a proper cause of action, it will be referred to the Association Secretary to arrange a hearing; if not found to constitute a proper cause of action, it will be returned to the complainant with the decision of the Grievance Committee, together with information advising the complainant of the procedures by which the Grievance Committee’s decision may be appealed to the Board of Directors.
- If there is to be a hearing, respondent will have fifteen (15) days after service of copy of the Arbitration Request to reply. Copy of reply will be sent to complainant, the Association President, and the Professional Standards Committee Chairperson. The date of hearing will be set and all parties will be notified of the date and place of hearing at least twenty-one (21) days in advance.
- If no response is filed to the Arbitration Request within the time allotted, the Grievance Committee shall make its determination as to whether an arbitration hearing should be scheduled based upon the information set forth in the request. Complainant, the Association President, and the Professional Standards Committee Chairperson will be advised that no reply has been filed.
- All parties may be represented by legal counsel, provided that notice of intention to be represented is transmitted to all other parties and to the Hearing Panel at least ten (10) days prior to the hearing. Failure to provide timely notice may result in a continuance of the hearing.
- It is the responsibility of each party to arrange for his/her witnesses to be present at the hearing.
- Either party may file with the Secretary, within ten (10) days from the date the names of the members of the Professional Standards committee are mailed to the parties, a written request for disqualification of any potential member of the Hearing Panel for any of the following reasons:
(a) Is related by blood or marriage to either complainant or respondent.
(b) Is an employer, partner, or employee, or in any way associated in business with either complainant or respondent.
(c) Is a party to the hearing, or a party or a witness in another pending case involving complainant or respondent.
(d) Knows any reasons acceptable to the Hearing Panel or tribunal which may prevent him/her from rendering an impartial decision.
- The notice of hearing will contain names of members of the tribunal who will hear the case and should be accompanied by an “Outline of Procedure for Arbitration Hearing.”
- The parties shall not discuss the case with any member of the Hearing Panel or the Board of Directors at any time prior to the announcement of a decision in the case.
- No hearing will be held in the absence of a complainant. An arbitration hearing may proceed in the absence of the respondent.