Findings of Fact Training

On this page are training materials to assist REALTORS® in better understanding how to write findings of fact that support their conclusion and issue appropriate discipline. Having well-written findings of fact is critical to ensure that your association’s ethics decisions are sound and defensible.

Use: These fact scenarios are fictitious and highlight critical issues for hearing panelists. There are several different ways to use the materials. Here are a couple suggestions:

  • Mock Hearing—Have two disputants present their positions to an audience acting as the hearing panel. The audience should have an opportunity to ask questions of the disputants, just like a real panel. Once all information/testimony has been presented, the panel should break into executive session to decide whether the Code of Ethics was violated or not, and if so, what discipline should be imposed. The panel should then complete the findings of fact to support their conclusions.
  • Breakouts—Break into small groups to read the disputant’s positions. After discussing the case as a group, vote on whether the Code of Ethics has been violated or not. Then, write findings of fact, and if there is a violation, render appropriate discipline.

Materials: The materials for each year differ slightly, but include some or all of the following:

  • Complainant letter/respondent letter/blank findings of fact form
  • "Insider" or "facilitator" notes — that provide learning points and explanations.
  • Examples of completed findings of fact — to be handed out after the group exercise has concluded.

Note: Associations may choose to use these materials as is, or use them as a stepping stone for writing your own scenarios.

Fact Scenarios Articles of the Code of Ethics and Standards of Practice covered Year used by NAR

Microsoft Word file
(DOC: 107 KB)

Article 6, Article 12 2015

Microsoft Word File 1 (DOC: 21 KB) and File 2 (DOC: 80 KB)

Article 12 of Code, Article VIII, Section 1 of Bylaws, Article VI, Section 12 of Bylaws 2014
Microsoft Word file (DOC: 95 KB)

Article 1
Standards of Practice 1-16
Article 3, and Lockbox Rules

2013
Microsoft Word file (DOC: 150 KB)
 
Articles 12, 14, and 15
Standards of Practice 12-10 and 12-12
2011
Microsoft Word file (DOC: 125 KB) Article 3
Standards of Practice 3-9
2010
Microsoft Word file (DOC: 87 KB) Articles 1, 2
Standards of Practice 2-1
2009
Microsoft Word file (DOC: 122 KB) Articles 1, 2, 3, 16 2008
Microsoft Word file (DOC: 93 KB) Article 1
Standards of Practice 1-15
2007
Microsoft Word file (DOC: 90 KB) Article 12
Standards of Practice 12-4
2007

Note: The findings of fact scenarios presented in the attached documents have been used during the National Association’s Professional Standards Education Seminars. The debriefs/answers/guidance provided for the various exercises is based upon the adopted policies/Code of Ethics & Arbitration Manual at the time the exercise was created.

Learn more about attending NAR's Professional Standards Education Training Seminar here.

Advertisement

Young Professionals Network

YPN helps young real estate practitioners become more business savvy through networking events, communications, and sharing tips and tricks.

Tax Reform

NAR seeks to assure that tax reforms support the goals of homeownership and freedom to buy, maintain and sell real estate.