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If you believe that a REALTOR® has violated one or more articles of the Code of Ethics, you can file an ethics complaint alleging a violation(s) through the local association of REALTORS® where the REALTOR® holds membership or participates in a multiple listing service owned/operated by a REALTOR® association. You may search for a member’s local affiliation here.
In addition, REALTORS® agree as a condition of membership to arbitrate contractual disputes and specific non-contractual disputes as provided for in Article 17 of the NAR Code of Ethics.
Mediation is a process in which a neutral third party helps parties in a dispute communicate and reach an agreement that works for both sides.
Under the NAR Code of Ethics and Arbitration Manual, mediation in an arbitration matter is not automatically mandatory. Article 17 allows a local Board/Association to require REALTORS® (principals) to mediate otherwise arbitrable disputes, but whether mediation is mandatory is determined by the Board’s adopted policies. If the Board does not require mediation, the parties must still be offered the opportunity to mediate when an arbitration request is filed, and they may choose whether to participate.
Ethics mediation is different. It is an optional process that a Board or Association may adopt, and participation is voluntary—both parties must agree to participate. A REALTOR® cannot be required to participate in ethics mediation simply because an ethics complaint has been filed; either party can decline or withdraw, and the complaint can proceed through the formal ethics hearing process.
Learn more about the mediation process.
An ethics complaint charges that a REALTOR® or REALTOR-ASSOCIATE® has violated an Article(s) of the Code of Ethics. An arbitration request involves a dispute over entitlement to a monetary transaction (e.g., a commission).
Any person, whether a member or not, having reason to believe that a member is in violation of any conduct subject to disciplinary action.
A customer, client, or REALTOR® principal. A REALTOR® nonprincipal can also request arbitration with his current or former REALTOR® principal.
The Association Executive/Secretary of the board/association of REALTORS®. You may search for a member’s local affiliation here.
Yes, ethics complaints must be filed within one hundred eighty (180) days after the facts constituting the matter complained of could have been known in the exercise of reasonable diligence or within one hundred eighty (180) days after the conclusion of the transaction or event, whichever is later. Requests for arbitration must be filed within one hundred eighty (180) days after the closing of the transaction, if any, or within one hundred eighty (180) days after the facts constituting the arbitrable matter could have been known in the exercise of reasonable diligence, whichever is later.*
* If the board’s informal dispute resolution processes (e.g., mediation) are invoked, the 180 day filing deadline is suspended.
Generally, the administration of an ethics complaint or an arbitration request is the responsibility of the local Board or Association. However, in rare instances, ethics complaints and arbitration requests may be referred to NC REALTORS® by a local Board or Association of REALTORS®. Such complaints and requests are processed in accordance with the National Association of REALTORS® (NAR) Code of Ethics and Arbitration Manual, with certain modifications as allowed by NAR.
Questions about ethics complaints and arbitration requests handled by NC REALTORS® should be directed to the NC REALTORS® Legal Department at (336) 294-1415.