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A Missouri court has considered whether a member of a REALTOR® association has the right to the hearing tape from a Professional Standards hearing, even after the deadline for requesting the tape had passed.
In 1994, the Metropolitan Kansas City Board of REALTORS® ("Association") held a professional standards hearing ("Hearing") to consider allegations against member John Steve West ("Member"). Following the hearing, the Association's Board of Directors voted to suspend the Member and then immediately sought a judicial determination that the Board had not violated any of the Member’s rights during its disciplinary proceedings. The Member filed a counterclaim against the Association and its multiple listing service, alleging antitrust violations. The court affirmed the Association's power to discipline the Member, and the court also rejected the Member's counterclaim- click here to read a summary of the earlier decision in this case.
Following the above decision, the Member filed a lawsuit against the Association, seeking injunctive relief against the Association because of its refusal to turn over a tape from the Hearing. The Member argued because he paid dues to the Association and participated in the Hearing, he had a right to the tape. The Association argued that the Member had failed to follow the Association's rules for requesting a copy of the tape, and thus had no right to the tape. A trial was held to determine whether or not the Member was entitled to a copy of the tape.
The Circuit Court of Jackson County, Missouri ruled that the Member had no right to the tape. The court determined that the Member had voluntarily agreed to join the Association and, by virtue of his membership in the Association, the Member had agreed to be bound by the Association's rules. The Association's rules stated that hearing tapes were strictly confidential and could only be requested within a specified time period following a hearing and only for rehearing/appeal purposes. There was no dispute that the Member had failed to make a request for the Hearing tape within the time period specified by the Association's rules. Therefore, the court ruled that the Member's failure to follow the Association's rules eliminated his claims to the Hearing tape.
The court rejected the Member's argument that he had an independent property right to the Hearing tape. The court also stated that even if such a right existed, the Member was still not entitled to injunctive relief, as that was not the appropriate remedy for past harms like those on which the Member had based his lawsuit.
West v. Metro. Kansas City Board of REALTORS®, No. 00CV-225093 (Mo. Cir. Ct. Apr. 10, 2003). [Note: This opinion was not published in an official reporter and therefore should not be cited as authority. Please consult counsel before relying on this opinion.]