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File an Arbitration Request

"*" indicates required fields

STEP 1: Add a Complainant

The undersigned, by becoming and remaining a member of the Oregon REALTORS® (hereinafter “Board”) (or Participant in a local or Regional MLS), has previously consented to arbitration through the Board under its bylaws. NOTE: Only a Principal of a company is eligible to submit any Arbitration Request. If a non-principal submits an Arbitration Request it will be rejected.

Name*

First Last

Email*

Phone*

Company*

STEP 2: Add Respondent

Choose the Respondent below:*

Individual

Company

Both

Other

If other has been selected, please specify:

Company*

Name*

First Last

Email*

Phone*

Additional Respondent

Name

First Last

Phone

Arbitration Request*

If your complaint is related to Articles 1 to 16, you should instead file an ethics complaint. Provide a description of your Article 17 complaint, below.

STEP 3: Provide Dispute Information

Dispute giving rise to this request:*

Date alleged dispute took place:*

MM slash DD slash YYYY

Property address giving rise to this request (if applicable):

Date of transaction (if applicable):

MM slash DD slash YYYY

There is due, unpaid and owing to me (or I retain) from the above-named Respondent(s) the sum of:*

Disputed funds currently held by:

Financial Interest:

The following REALTOR® nonprincipal affiliated with my firm has a financial interest in the outcome of the proceeding and may be called as a witness, and has the right to be present throughout the hearing (leave blank if none):

STEP 4: Provide Supporting Documentation

My claim is predicated upon the statement attached, marked Exhibit I and incorporated by reference into this application. Parties are strongly encouraged to provide any and all documents and evidence they intend to introduce during the hearing to the other party(ies) and the Association five (5) days prior to the day of the hearing. Providing documents and evidence in advance can expedite the hearing process and prevent costly, unnecessary continuances. Written notice of Legal Counsel or Witnesses must be provided no less than 15 days prior to the day of hearing.

Relevant Documents

Other Relevant Correspondence

Contracts / Forms

Any Statements, Affidavits, Depositions, Letters from Witnesses

Notification and Contact information of Legal / REALTOR® Counsel

Notification and Contact information of Witnesses

Chronology of Timeline

Attorney Contact Information

File*

Max. file size: 50 MB.

I plan

STEP 5: Answer Mandatory Questions

Witnesses*

I understand that each party must provide a list of the names of Witnesses he/she intends to call at the hearing to the Board/Association and to all other Parties not less than 15 days prior to the hearing. Each Party shall arrange for his/her Witnesses to be present at the time and place designated for the hearing. All Parties appearing at the hearing may be called as a Witness without advance notice.

I plan to bring the following witnesses:

Please indicate if you wish to designate another REALTOR® Principal for your firm in this matter:*

The Parties to the transaction are the Principals of the companies indicated on this request. You are advised that it is possible that the Principal of the company may designate another licensed broker in the firm who acts in a managerial capacity to serve as the Designated REALTOR® in this matter.

Yes

Name

First Last

Phone

Are the circumstances giving rise to this arbitration request the subject of civil litigation?*

Yes

STEP 6: Voluntary Mediation

Voluntary mediation is a process in which the Parties, with the assistance of a qualified Mediation Officer, attempt to resolve the dispute. The Mediation Officer will attempt to create and maintain an atmosphere of communication between the Parties while facilitating their negotiation but will not dictate an award. Mediation is a viable alternative to formal arbitration, if the Parties are willing to compromise. NOTE: If your local Association/Board requires mediation as per their bylaws, select yes.

Yes – I, the undersigned, hereby request the mediation services of the Association in an attempt to amicably resolve this dispute.

No – I do not request the mediation services of the Association at this time. (Proceed to step 7)

If answered yes, enter your name as signature and date here:

First Last

Date

MM slash DD slash YYYY

STEP 7: Arbitration Agreement and Fee

Complainant’s Acknowledgement: I request and consent to arbitration through the Board in accordance with its Code of Ethics and Arbitration Manual as adapted by the Oregon REALTORS®.

Complainant's Acknowledgment*

I request and consent to arbitration through the Board in accordance with its Code of Ethics and Arbitration Manual as adapted by the Oregon REALTORS®.

I acknowledge having had the opportunity to review the Arbitration procedures in the manual.

I agree to abide by the arbitration award and, if I am the non-prevailing party, to, within 10 days following transmittal of the award, either (1) pay the award to the Party(ies) named in the award and notify the Board in writing of such payment, or (2) deposit the funds with the Professional Standards Administrator to be held in an escrow or trust account maintained for this purpose. Failure to satisfy the award or to deposit the funds in the escrow or trust account within this time period may be considered a violation of a membership duty and may subject the member to disciplinary action at the discretion of the Leadership Team consistent with Section 53, The Award, Code of Ethics and Arbitration Manual.

In the event I do not comply with the arbitration award and it is necessary for any Party to this arbitration to obtain judicial confirmation and enforcement of the arbitration award against me, I agree to pay the Party obtaining such confirmation the costs and reasonable attorney’s fees incurred in obtaining such confirmation and enforcement.

I understand that I may be represented by legal counsel, and that I should give written notice no less than 15 days before the hearing of the name, address, and phone number of my attorney to all parties and the Board. Failure to provide this notice may result in a continuance of the hearing, if the Hearing Panel determines that the rights of the other Party(ies) require representation.

I understand that an arbitration conducted pursuant to Standard of Practice 17-4 (1) or (2) between two (or more) cooperating Brokers, the amount in dispute and the amount of any potential resulting award is limited to the amount paid to the Respondent by the Listing Broker, Seller, or Landlord and any amount credited or paid to a Party to the transaction at the direction of the Respondent.

I understand that if either Party to an arbitration request believes that the Grievance Review Panel has incorrectly classified the issue presented in the request (i.e., mandatory or voluntary), the Party has 20 days from the date of transmittal of the Grievance Review Panel’s decision to file a written appeal of the decision. Only those materials that the Grievance Review Panel had at the time of its determination may be considered with the appeal by the Appeal Tribunal.

I understand that Agreements to arbitrate are irrevocable except as otherwise provided under state law.

I declare that this application and the allegations contained herein are true and correct to the best of my knowledge and belief and this request for arbitration is filed within 180 days after the closing of the transaction, if any, or within 180 day after the facts constituting the arbitrable matter could have been known in the exercise of reasonable diligence, whichever is later.

Arbitration Fee*

I have read the Arbitration Agreement and Fee.

The Arbitration filing fee is $500.00, payment of which must be made before this Request will be processed. Association Staff will contact you regarding payment.

Electronic Signature*

Enter Authorized Signature as shown below:

Re-enter Authorized Signature:*

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