For an ethics complaint to be
processed, a formal complaint must be filed using the Ethics Complaint
Form E-1.
As you complete
Form E-1,
please refer to the Code of Ethics of the National Association of
REALTORS® to determine which Article(s) you believe have been violated.
Your complaint should include a supporting document in the form of a
narrative or chronological summary of the events that occurred.
Once the Complaint
Form E-1
and supporting document is complete, submit it to Jacquie Wolff at the
Denver Board of REALTORS®. A copy of your
complaint will then be sent to the respondent, who has fourteen days to
submit a reply.
Once a reply is received from the respondent by DBR,
the case is sent to the Grievance Committee Chair for the assignment of a
panel to conduct a review. This panel's responsibility is to review the
case, and based on a certain set of guidelines they must follow, will
determine if the case should be referred to hearing or dismissed.
If the case is referred to hearing, the DBR
Professional Standards Committee will appoint a panel to hear the case and
determine if the Code of Ethics has been violated. The hearing is
typically held at the DBR office, and is set for a time convenient for
all parties.
If the panel determines there has been a violation,
they will take disciplinary action. Disciplinary sanctions can include the
completion of an education class on a given topic, fines, letters of
warning and reprimand, suspension, or termination of membership.
If referred to hearing, this process usually takes
about two months since we must allow reasonable time for responses, for
action by the Grievance Committee, scheduling, etc.
For additional information, please contact Jacquie
Wolff at
jwolff@denverrealtors.org or
303.756.0553
FAQs - Ethics Complaints
Q: Is there a statute of limitations for filing ethics
complaints?
A: Yes. 180 days from the time that
you could have known there was a dispute.
Q: How do I know whether to file an ethics complaint or
request arbitration?
A: Ethics complaints are
filed about behavior; arbitration is requested when there is a commission
dispute.
Q: Can I file an arbitration request and an ethics complaint
at the same time?
A: Yes. Both case types
can be filed at the same time. If the cases go to hearing, arbitration
hearings are held first.
Q: Is there a cost to file an ethics complaint?
A: No.
Q: I'd like to file a complaint, but am worried about
confidentiality.
A: All
ethics complaints are kept strictly confidential. Only staff involved in
the administration of cases, along with the assigned members from the
Grievance and Professional Standards Committees, have access to ethics
complaints.
Q: Is there a special form I should use when filing an ethics
complaint?
A: File an ethics complaint using
Ethics Complaint Form E-1, available from DBR. Form E-1 should include a
supporting document in the form of a narrative or chronological summary of
the events that occurred.
Q: Where do I submit the ethics complaint?
A: If your complaint is against a member of DBR,
submit the complaint to Jacquie Wolff at DBR.
Q: Will the person who I'm filing against be notified of my
complaint?
A: Yes. Once your complaint has
been submitted to DBR, it is sent to the respondent for a reply.
Q: How do I know which Article of the Code of Ethics to name
in my complaint?
A: The Code of Ethics
includes Standards of Practice which explain the types of behavior covered
by each Article.
Q: Do I name the Article or Standard of Practice in my
complaint?
A: Ethics complaints should be
filed based on the Articles of the Code of Ethics.
Q: How do I know where to file the ethics complaint?
A: Ethics complaints are filed with the
Board/Association where the responding party holds membership.
Q: Who establishes the rules that DBR follows in handling
ethics complaints?
A: DBR is required
to follow the rules of the Code of Ethics and Arbitration Manual of the
National Association of REALTORS®.
Q: How long does the process take?
A: If ethics complaints go to hearing, the process may take 2-3
months. This is because of the time that must be allowed for responses,
proper notification, scheduling, etc.
Q: What happens if someone is found in violation of an
Article of the Code of Ethics?
A: If the
hearing panel finds that a member is in violation of the Code of Ethics,
they have the authority to recommend that the Board of Directors impose
disciplinary sanctions such as the completion of an education class on a
given topic, fines, letters of warning and reprimand, suspension, or
termination of membership.
