Disputes: REALTORS®/ Commissions
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Disputes: REALTORS®/ Commissions
An Ombudsman can field and respond to an array of inquiries and complaints, including general questions regarding real estate practices, transaction details, ethical practices and enforcement issues. They can open lines of communication between REALTORS® in an attempt to resolve misunderstandings before they evolve into larger disputes and charges of unethical conduct.
Ombudsman services are facilitated by the Local Association/Board. Visit our LOCAL ASSOCIATIONS/ BOARDS page to find a local Association/Board in your area, or call our Professional Standards Administrator at 503-362-3645 for assistance.
Participation in mediation may be mandatory or voluntary, depending on your local association’s bylaws. Mediation Officers are members that have been trained to serve as, and follow procedures as described in the National Association of REALTORS® Code of Ethics and Arbitration Manual.
Mediation is an attempt to bring the disputing parties together in an informal setting to resolve their differences. The parties may agree to a mutual resolution or withdraw from the process at any time during the process. Any offers of settlement that were not accepted or any suggested resolution proposed by the Mediation Officer that was not accepted will not be introduced as evidence nor considered in any manner should the matter require arbitration. However, if the parties agree to a settlement of the dispute, and the settlement has been reduced to writing and has been signed by all the parties, the matter is deemed resolved and cannot be the subject of a subsequent arbitration hearing.
Disputed amount must be a minimum of $1,000.00 and Principal Brokers must participate in the process unless the disputants are or were affiliated with the same firm.
Contact your local Association/Board to request REALTOR® Mediation for more information, or contact the Oregon REALTORS® Professional Standards Administrator.
REALTORS® are obligated to submit to arbitration their commission disputes between brokerages in accordance with Article 17 of the REALTORS® Code of Ethics. Arbitration hearings are conducted by the local Association/Board’s Professional Standards Committee following procedures described in the National Association of REALTORS® Code of Ethics and Arbitration Manual.
The hearing panel, after hearing testimony, will render a decision and shall state only the amount of the award. The Award of Arbitrators is valid and binding and shall not be subject to review or appeal. However, a party to an arbitration proceeding may appeal to the Board of Directors only with respect to such alleged irregularities occurring in the conduct of the proceeding as may have deprived the party of fundamental “due process.”
Disputed amount must be a minimum of $1,000.00, and Principal Brokers must participate in the process (unless the disputants are or were affiliated with the same firm, which would constitute a voluntary arbitration). The Request and Agreement to Arbitrate must be filed within 180 days after closing, if any, or within 180 days after the facts constituting the arbitrable matter could have been known in the exercise of reasonable diligence. Mediation of the matter may also be requested; however requesting mediation has no bearing on the 180-day time frame requirement for arbitration.
Contact your local Association/Board to request REALTOR® Arbitration or more information, or contact the Oregon REALTORS® Professional Standards Administrator.