Filing an Ethics Complaint
In order for an ethics complaint to be processed, a formal complaint must be filed using the Ethics Complaint Form E-1, included in the packet available for download below. If you are completing this form, you will need to 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 typewritten narrative or chronological summary of the events giving rise to your complaint.
Once the Ethics Complaint Form E-1 is complete, and any supporting documents are attached, submit it to West Volusia Association of REALTORS 425 South Volusia Avenue Orange City, Florida 32763. Once received, a copy of the complaint and all related materials will be sent to the respondent, who will have a limited amount of time to submit a reply.
Once this reply is received by WVAR a complete copy is forwarded to the Complainant. When confirmation that the complainant desires to continue with their complaint, all materials related to the complaint are forwarded to the WVAR Grievance Committee for review. The Grievance Committee's responsibility is to review the case materials and, based on a certain set of guidelines they must follow, determine if the facts presented in the complaint warrant a hearing.
If the case is referred to hearing, a panel of Professional Standards Committee members will be appointed to hear the case. This panel will determine if the Code of Ethics has been violated. The formal hearing, usually held at the WVAR office, will be set for a time mutually convenient for all parties.
If the hearing panel, as a result of the ethics hearing, determines that the member has violated the Code of Ethics, they may recommend disciplinary action to WVAR Board of Directors. Such disciplinary actions may require the respondent to complete an appropriate education class; may prescribe a letter of warning or reprimand; may impose a fine of up to $15,000, a period of suspension of member services or a termination of board membership, or a combination of two or more of the above.
Filing for Arbitration
To file for the arbitration of a commission dispute, you must use the Request & Agreement to Arbitrate Form A-1 available for download on this page in the Complaint Package. On this form you must state the specific amount of your dispute. Your request for arbitration should include a supporting typewritten narrative or chronological summary of the events that occurred, as well as copies of any documents you feel will support your claim.
Once the Request and Agreement to Arbitrate and supporting materials are assembled, submit them to the West Volusia Association of REALTORS 425 South Volusia Avenue Orange City, Florida 32763, along with a check for $250.00 payable to WVAR. A copy of your Request and Agreement to Arbitrate will then be forwarded to the respondent, who will have a specific number of days to submit their response and deposit. The arbitration request fee of $500.00 will be collected from both parties to the dispute.
Once WVAR receives the response, all related case materials are forwarded to the Grievance Committee for their review. The Grievance Committee's responsibility is to review the case and, based on certain guidelines they must follow, determine if the dispute is properly the subject of arbitration and referred to a Professional Standards Committee for an arbitration hearing.
Once the case is referred to hearing, a panel will be selected from the Professional Standards Committee to hear the case. The formal hearing, held at the WVAR office, is set for a time mutually convenient for both parties. The arbitration process may take between sixty to ninety days, allowing a reasonable time for correspondence, for review by the Grievance Committee, and then for scheduling of the arbitration hearing. Some cases that may involve more than one REALTOR® Association could take longer.
Note: Because commissions are paid directly to brokers, if an agent has concern for an arbitration they must understand that the brokers must be the individuals to file for arbitration, not the agent involved in the transaction. Agents may be listed in the Request and Agreement to Arbitrate Form A-1 as supplemental indivduals for hearing purposes.
The West Volusia Association of REALTORS® (WVAR) has adopted voluntary mediation as an alternative method for resolving disputes. As a voluntary alternative, mediation is strongly encouraged but not mandatory.
Who May Mediate?
Any REALTOR® entitled to invoke WVAR’s arbitration facilities may also use WVAR’s mediation service once a dispute has been determined by the Grievance Committee to be properly the subject of arbitration.
What is Mediation?
Mediation is a form of facilitated negotiation, conducted in a more informal setting, by which a trained and experienced third party helps the disputing parties to reach a mutually acceptable resolution.
What are the Advantages of Mediation?
Mediation enables the parties to determine promptly whether there is a possibility of settling the dispute.
Mediation saves time.
Mediation can salvage relationships.
Since both parties consent to the mediation, the ultimate solution is in the hands of the parties rather than a hearing panel.
How Can I Obtain WVAR’s Service of Mediation?
Once WVAR’s Grievance Committee has determined that a Request for Arbitration is properly subject to arbitration, and both parties have notified WVAR of their willingness to mediate, one of WVAR’s mediators will contact them. The mediator will arrange for a time that is convenient to both parties to come to the WVAR office for the mediation.
If an agreement is reached through mediation, both parties will be asked to sign a written agreement, and each party’s $500.00 arbitration fee will be refunded. Failure to reach agreement through mediation will not be considered by a hearing panel during any subsequent arbitration hearing.
For more information regarding Mediation, please contact Ryan Tucholski, Association Executive with the West Volusia Association of REALTORS®.