ShareOn this page are training materials to help REALTORS® serving on grievance committees understand how to consider/review ethics complaints and arbitration requests. These exercises also help members and association staff better understand the grievance committee role.
These fact scenarios are fictitious. They highlight specific issues that grievance committees may encounter when reviewing ethics and arbitration requests.
Use: There are several different ways to use the materials. Here are two suggestions:
- Grievance Committee Demo—Convene a "mock" three-member grievance committee to showcase the scenarios. During the mock grievance committee meeting, the committee members will take appropriate and inappropriate actions to be critiqued by the general audience.
- Breakouts—Break into small groups to discuss the respective parties’ positions. After discussing the case as a group, decide whether the case should or should not be referred for a hearing.
Associations may choose to use the materials as is, or use them as a basis for writing your own scenarios.
The materials are organized by the year developed. Notations are included to describe the type of dispute and issues the grievance committee would need to address to determine whether to forward the matter on for a hearing, dismiss it (in part or entirely), or request more information in order to make a knowledgeable disposition.
| Fact scenarios | Type of dispute | Fact scenario highlights | Year used by NAR |
|
Ethics Case Study 1doc (DOC: 68 KB) Ethics Case Study 2doc (DOC: 93 KB) | Ethics Complaint | Timely Filed; S.O.P. 16-3, S.O.P. 16-16, and S.O.P. 16-18 | 2015 |
|
Ethics Case Study Exercise with Answersdoc (DOC: 78 KB) Ethics Case Study Participantdoc (DOC: 69 KB) | Ethics Complaint | Processing bylaws and MLS rules violations, G.C. becomes complainant, Article 12, One party sits on B.O.D. | 2014 |
|
Ethics case studiesdoc (DOC: 77 KB) Arbitration case studiesdoc (DOC: 89 KB) | Ethics complaint and arbitration request |
Not timely filed; appropriate parties; arbitrability of matter; Article 1 & 8; consolidation of requests; matter too legally complex; Article 1 & 15 Amending complaints; Article 12, 14, and 15; Articles 1 & 3; consolidation of ethics and MLS complaints | 2013 |
|
Case studies & exercisesdoc (DOC: 78 KB) Complaint and responsedoc (DOC: 65 KB) | Arbitration request and ethics complaint | Arbitrability of dispute; arbitration timely filed. Ethical allegations timely filed; were individuals REALTORS® at time of complaint?; consolidation of separate ethics complaints | 2012 |
| Microsoft Word filedoc (DOC: 87 KB) | Ethics complaint and arbitration request | Appropriate parties to arbitration; amending arbitration request; arbitration timely filed?; ethics complaint timely filed?; misuse of the term REALTOR® | 2011 |
| Microsoft Word filedoc (DOC: 86 KB) | Ethics complaint and arbitration request | Appropriate parties to arbitration; arbitrability of dispute; effect of party’s bankruptcy in arbitration; ethics complaint timely filed; arbitrability of agreement with client | 2010 |
| Microsoft Word filedoc (DOC: 104 KB) | Ethics complaint and arbitration request | Complainant doesn’t articulate complaint well; grievance committee member assists complainant in forming complaint. Arbitrability of dispute. Appropriate parties to ethics matter; amending complaint | 2009 |
| Microsoft Word filedoc (DOC: 90 KB) | Ethics complaint and arbitration request | Wrong article charged; amend ethics complaint; were discriminatory actions taken; Dismiss article; allegations of MLS rule violation referred to MLS. Arbitrability of dispute; disputed amount too large | 2008 |
Note: The case scenarios presented in the attached documents were used during the National Association’s Professional Standards Education Seminars. Learn more about attending these 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.