File A Complaint

Gavel and Binder Picture

First adopted in 1913, the Code of Ethics is one of the major standards that set REALTORS® apart from other real estate licensees. All members of the National Association of REALTORS®, through membership in a local association such as Pikes Peak Association of REALTORS®, have pledged to abide by this strict Code in conduct of their professional business.

Expand the four boxes below to learn more about the Code of Ethics, the complaint process, Ombudsman and arbitration/mediation services.

All REALTORS® pledge to abide by a strict code of professional conduct outlined in the REALTOR® Code of Ethics, a “living” document which evolves to remain relevant to an ever-changing industry without compromising the standards of professionalism, honesty, and integrity in the delivery of services to the public. If you feel there is a violation of any part of the Code of Ethics by a REALTOR® member, you have the right to file a complaint.

NAR Code Of Ethics Article Summary NAR Professional Standards

All complaints must be submitted in writing within 180 days from the date a complainant knew (or would reasonably know) of potentially unethical behavior, or 180 days from the conclusion of the transaction or event, whichever is later. The Ethics Complaint Form #E-1 and all supporting documentation can be emailed to Complaints must be in writing on the specified form, allege one or more articles of the Code of Ethics and must be against a member of Pikes Peak Association of REALTORS®. Membership verification can be done by clicking Realtor Search HERE or by calling 719-633-7718, option 3.

For instructions and to complete the complaint form, please select an option below.

Before You File

Ethics Complaint Form #E1

All appropriately-filed ethics complaints are reviewed by the Grievance Committee to determine if the allegation(s) as cited in the complaint, if taken as true, constitute a violation of the Code of Ethics. If the answer is yes, the matter is forwarded for a hearing or, depending on the violation, may be subject to a citation.

A citation allows the REALTOR® respondent to pay a pre-determined fine for the violation instead of going to a hearing. Citations may not be issued when a complaint alleges some violations that are covered in the Citation Schedule and some that are not; these complaints will be referred to a hearing. Only the Grievance Committee may issue the citation; Complainants and Respondents may not request a citation be issued. If a REALTOR® receives a citation they have ten (10) days to respond or twenty (20) days to request a hearing. For the complete citation policy for Pikes Peak Association of REALTORS®, please select an option below.

PPAR Citation Policy Schedule of Fines

If the matter proceeds to a hearing, the Respondent will be directed to file a response and a hearing date will be set. The hearing is conducted in private, and remains confidential in most cases. A panel of 3-5 experienced REALTORS® selected from the Professional Standards Committee will conduct a mini-trial, hear the evidence and testimony and render a decision as to whether or not the Respondent’s actions constitute a violation of the Code. The onus is on the Complainant to prove the Respondent’s violation with clear, strong and convincing evidence. If found in violation, sanctions imposed may include reprimand, mandatory education, fines up to $15,000.00, probation, and in some cases, suspension or revocation of membership. Either party may appeal the decision of the hearing panel in certain circumstances.

The Pikes Peak Association of REALTORS® (PPAR) will offer the services of an Ombudsman to anyone calling the PPAR office with a complaint concerning a REALTOR® member or members. The issue can be between a consumer and a REALTOR®, or a REALTOR® and a REALTOR®. Some of the issues that may be raised by the Complainant may not expressly allege violations of the Code of Ethics, but are concerns from a consumer or REALTOR® member and may actually be transactional, technical or procedural questions.

The Ombudsmen role is one of communication and conciliation, not adjudication. They do not determine whether ethics violations have occurred, rather they anticipate, identify, and resolve misunderstandings and disagreements before matters turn into disputes and possible charges of unethical conduct. The Ombudsman is a neutral party and often times acts as a sounding board for disputants.

For more information about the Ombudsman Service or if you have any questions regarding filing an Ethics Complaint, please contact Ethics Department @ 719-633-7718- Option 3.

REALTOR® Members agree to submit to arbitration for contractual and specific non-contractual disputes as defined in Standards of Practice 17-4 of the Code of Ethics, including entitlement to commission and compensation in cooperative transactions that arise of out of the business relationships between REALTORS® and between REALTORS® and their clients and customers.

Arbitrable Issues

The Request and Agreement to Arbitrate Form #A-1 must be filed and signed by a REALTOR® Principal of the firm. Broker associates (non-principal) cannot be a party to the arbitration request, but may attend the arbitration if they have a monetary interest in the outcome of the case. You will need to include a written statement of the situation, marked as Exhibit A or I, and any other documentation to support your request. These documents may include listings agreements, purchase agreements, representation agreements/disclosures, MLS datasheets, or correspondence. The Request and Agreement to Arbitrate and the written statement should be sent along with a check made payable to the Pikes Peak Association of REALTORS® in the amount of $400.00.

Arbitration From #A-1 Arbitration Filing Instructions

Arbitration requests must be submitted within 180 days after the closing, if any, or within 180 days after the facts constituting an arbitrable matter could have been knows in the exercise of reasonable diligence. Once the Arbitration Request has been filed the Grievance Committee will review the request to determine if the request is an arbitrable matter and whether the arbitration is mandatory or voluntary. If the Grievance Committee determines an arbitrable matter exists and should proceed to hearing, a response is then solicited by the Respondent. The Respondent will be required to submit a response and the $400 filing fee.

Parties to arbitration will be offered the opportunity to mediate during the arbitration request. Mediation is a process whereby a neutral, trained mediator facilitates discussion and helps the parties negotiate and create options for settlement. In many cases, mediation is successful in creating a win-win solution that is decided by the parties, rather than left to a hearing panel. For a current list of PPAR mediators, please call 719-633-7718, option 3. To initiate mediation, the requesting party shall pick a mediator from the list not affiliated with either company or party to the dispute. If mediation proves successful, parties will be refunded $300.00 of the $400.00 filing fee, the parties will sign a Mediation Resolution Agreement, and the matter is concluded without a hearing.

Mediation Brochure

If the parties do not reach a settlement in mediation, the arbitration hearing will be conducted in privacy, and remains confidential in most cases. A panel of 3-5 experienced REALTORS® will conduct a mini-trial, hear the evidence and testimony and render a decision as to disposition of the money involved. The panel will render their verdict based on a preponderance of the evidence. The Association cannot award more than the amount in dispute, may not award punitive damages, and most cases cannot award attorney fees or interest. Either party may appeal the decision to the Board of Directors of the Association if they believe that due process was not provided. The decision of the Board of Directors is considered final and cannot be appealed.