The Minnesota Association of REALTORS (MNAR) has put together a video overviewing the ethics complaint process. Take a peek. If you’d like to file a complaint against an agent, please click here for the form and more information.
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The Minnesota Association of REALTORS (MNAR) has put together a video overviewing the ethics complaint process. Take a peek. If you’d like to file a complaint against an agent, please click here for the form and more information.
Every 4 years the National Association of Realtors requires that members take a 2.5 hour class on the Realtor Code of Ethics to refresh their memories on what it means to be a Realtor and the level of professionalism they are expected to maintain and to expect from others. The deadline for the current quadrennial ethics requirement was December 31, 2008.
As of 11:15pm on Monday, January 5 2009, MAAR’s web site states that 22%, or more than 1 in 5 members, have not yet completed their training. The class has been available literally dozens of times over the last 4 years and is also available FREE OF CHARGE online and yet 1500+ members have not yet completed their training.
To many Realtors this class is a burden but it is an important component of what makes our membership valuable. Anyone licensed by the state can sell real estate but to be a Realtor you have to commit to hold yourself and your peers to a higher standard. I certainly hope my peers will rise to that standard quickly… they have until March 1 to complete their class or they will lose their membership in the association, which means loss of MLS access, electronic lock boxes, etc… basically the lifeblood of any successful Realtor.
For Realtors that have procrastinated for the last 1,468 days, you have 53 days and counting… better hurry!
Update 1/21/09: With 38 days remaining, now just less than 10% of Realtors still need to complete their ethics requirements… we’ll see who’s left without a chair (and a membership) when this song ends on March 1st.
I am a member of the Minnesota Association of REALTORS Professional Standards Committee. This committee is charged with reviewing and hearing cases regarding disputes between member REALTORS over commission (an arbitration) and complaints of alleged violations of the REALTOR Code of Ethics (an ethics hearing), our governing rules for how all REALTORS must conduct themselves to be called REALTORS.
All in all, REALTORS are pretty good about obeying the rules. As in any community though, there are some members that are either carelessly or intentionally naughty. When someone feels wronged enough to submit a complaint, those complaints are then forwarded to the Professional Standards Committee to consider an ethics hearing.
When a complaint is received, 3 members of the committee and a staff member from the state association schedule a conference call to review the complaint & initial response from the member charged to determine: “if the accusations in the complaint are found to be true, would this be a violation of the Code of Ethics?” We spend 10-15 minutes discussing the complaint and response and then take our vote. If we agree there is a potential violation, it is forwarded back to the committee so a hearing can be scheduled.
The hearing is scheduled and 5 members of the Professional Standards Committee are selected to be the “judges” on the case with a member of the state association’s legal department acting as advisor and a senior member of the panel acting as Chair. On the day of the hearing, all parties attend and call any witnesses they believe support their position. The Complainant and Respondent can cross-examine each other and their witnesses. The 5 member panel asks questions as appropriate throughout the hearing. Once both sides have said their peace and the panel has had their opportunity to ask any questions they wanted, the parties are excused and the panel goes in to closed session to make a judgement.
We can find the Respondent guilty of nothing, or guilty of only some of the Article violations they were charged with, or find them guilty of all charges. Depending on the Respondent’s previous history of violations and the violation(s) they have just been found guilty of, punishments can range from a letter of warning to fines in the $1000′s and/or suspension/expulsion from the Minnesota Association of REALTORS. Any monies earned from fines go back to the Association and not to the Complainant.
It is these deliberations that I find quite interesting, as everyone on the panel is not only judging the situation but reflecting on their own business practices and thinking about how they would have handled the situation. No one in the room is perfect and so there is often some empathy for the Respondent but at the same time there is a strong interest to keep REALTORS honest and to prevent a recurrence of the activity in the future. This form of self-regulating seems to work well and I think that everyone that participates in the hearing learns from the experience, which makes all of us better professionals.
Just like any system of justice, nothing is perfect. Sometimes it may seem that the Respondent “got off easy” and I believe that we still have too few members reporting violations in the first place. However, most people I’ve spoken to regarding the experience are generally pleased with the process. This year I was on the Complainant side of the table and experienced firsthand the dispensing of justice. I thought the hearing went extremely well and that both myself and the Respondent argued our cases well and were thoroughly engaged by the panel members to clarify our positions. Regardless of the outcome of the hearing, I felt very happy with the experience itself and I know that the REALTOR will not repeat his actions in the future, and that I believe is the biggest benefit of all.
1-800-941-0959
Aaron Dickinson
Edina Realty
Aaron[at]AaronSOLD.com
Licensed in MN