2006 Grievance Committee Report

By Tom Goetz, Chair
Grievance Commitee

As the chair of CBR's Grievance Committee I hope that I never see your name come before our group . . . it is not fun!

But being that life is not predictable, especially when it comes to our clients and customers, I feel it is important to keep you informed of things that might leave you open to some conflict.

REALTORS®, as professionals, have to be aware that they are responsible for policing their own industry. In short, if you see something occur that raises your concern, the first person you should contact, with discretion of course, is the offender.

For example, I was recently reviewing listings in our Columbus listing database. I found some errors in data that I truly felt should have been caught by the listing agent. I phoned and offered my suggestions; and although they were put back at first, after they checked their data they called me back to thank me.

This is the kind of treatment we owe our fellow constituents. In fact, it is what I would hope another member would do if they found errors in my data. It's our Golden Rule, which is indeed the underlying basis for our REALTORS® Code of Ethics.

In this issue we offer a review of the process for bringing a complaint to the board. In the future we will be publishing examples (no names of course) of the types of issues that come cross our desk. Feel free to check out the Board's web site to read about some other cases that will educate you in how cases turn out.

Do You Think You Have a Grievance? The First Step
Do you feel you have a complaint, or do you just want to find out more about the ethics process? The first step is to contact Board staff, or, check the board's website for help about the complaint process. Our Board staff must provide anyone who asks with information about our complaint process, and with the forms needed for filing a complaint.

The first step for any complaint is to get it filed with the board in writing. The board will then forward a copy to the member involved, and request a response to the complaint. Whenever any inquiry or complaint is received, whether about ethics or a commission dispute, it is considered absolutely confidential.

Review by the Grievance Committee
The Grievance Committee reviews the materials received in a complaint, in the role of a screening committee. They review complaints, and make sure the parties have filed their complaint properly. In the case of ethics, the Grievance Committee does not determine if ethics have been violated, they only determine if there is sufficient claim or allegations to warrant a hearing.

To forward an Ethics complaint to a hearing panel, the Grievance Committee evaluates several things: Was the ethics complaint filed on the proper form? Was it filed within 180 days of the time the facts, with reasonable diligence, could have been known? Is the person who the complaint has been filed against a member of the Board? Has a complaint also been filed with the Ohio Division of Real Estate? And finally, if we assume the facts as stated are true, do they allege actions by a member that could amount to violation of the Code of Ethics?

In the case of a commission dispute (or arbitration request) the Grievance Committee does not determine if one party or the other can actually win their case. They only determine if an arbitrable matter exists. In summary, to forward the case to a hearing panel, the Grievance Committee must evaluate the following. Was the request filed on the proper form? Was it filed within 180 days of the time the facts, through reasonable diligence, could have been known? Are the parties members of the Board, or entitled to ask for arbitration through the Board? Is litigation pending? Is the arbitration of the mandatory type or is it voluntary? Is the amount in question too small? And finally, is there some rationale stated in the complaint (such as procuring cause) on which money could be awarded?

About the Grievance Committee
Our committee is a cross section of members appointed to three-year terms. The three year terms help assure that there is experience in Professional Standards on the committee. There is a balance of brokers, managers and agents representing different companies and different segments of membership that helps to ensure unbiased consideration of complaints. Members of the Grievance Committee are required to attend an annual training workshop to stay up-to-date on changes in the Code of Ethics and procedures.

The Pathway to Professionalism
It is a good idea to review your REALTOR® Code of Ethics on a regular basis, as it is amended nearly every year during our annual NAR Convention. Our Code of Ethics provides us with a pathway to professionalism that will guide us in a changing, complex environment in which we work.

Our board web site contains information about the professional standards process. There you will find the Code of Ethics, forms you might need to file a complaint, and the case interpretations.