CONFLICT RESOLUTION SERVICES and FILING A COMPLAINT AGAINST A REALTOR® OF MCAR

For more than 85 years, the members of Metro Centre Association of REALTORS® have worked to provide professional representation to buyers and sellers.  The association members follow the REALTOR Code of Ethics and have a commitment to work with REALTORS and their clients to resolve disputes.  Abiding by a Code of Ethics help better the industry for all.  


IMPORTANT LINKS

Request for Ombudsman Service Form and Online Request Form

Request for Mediation Form

Ethics Complaint Packet - updated for 2021

Arbitration Request Packet - updated for 2021


The association offers the following options to help resolve disputes among or with REALTORS.


OMBUDSMAN PROGRAM

Real estate transactions can be complex and for members of the public, it can help to have someone knowledgeable about real estate practices to work to resolve minor disputes.  The Metro Centre Association of REALTORS has a team of Ombudsmen who work with consumers and REALTORS to resolve disputes.  Any member of the public or REALTOR member who has a question about or dispute with a REALTOR can get assistance.

The Ombudsman Program is informal telephone mediation to attempt to resolve minor complaints from a member of the public or REALTOR® without a formal complaint. The Ombudsman of MCAR are REALTORS® who possess knowledge of the REALTOR® Code of Ethics, license law and best practices.  To learn more about this program available to the public and REALTORS, click here for the Ombudsman Program Brochure, the Ombudsman Process Overview and the Request for Ombudsman Service Form.  The Request for Ombudsman Service Form may also be completed online here.


MEDIATION

Mediation can be a useful tool in resolving the conflicts that arise involving Metro Centre Association of REALTORS® members and their clients and customers.  In Mediation, parties decide the outcome of disputes.  This differs from Arbitration, in which neutral panelists decide the outcome of disputes.  By mediating, REALTORS® and their clients/customers who otherwise would arbitrate their contractual and specific non-contractual disputes before a professional standards hearing panel can save time, money, and even relationships.  Click here for the Request for Mediation Form.


ETHICS COMPLAINTS and ARBITRATION REQUESTS

There are two forms of written complaints that may be filed at the Metro Centre Association of REALTORS®.  They are Ethics Complaints and Arbitration Requests.  There is a difference.

ETHICS COMPLAINTS are filed if someone feels a member has violated one or more of the seventeen Articles of the NAR Code of Ethics. Click here for a copy of the 2021 REALTOR® Code of Ethics.  There is no filing fee.
REALTORS operate under the REALTOR Code of Ethics which outlines standards of professional practice.  If a dispute arises with a REALTOR regarding several provisions of the Code, complaints may be filed for review by a panel of Metro Centre Association of REALTORS® members which specializes in ethical standards.  The complaints can come from REALTORS or the public.

ARBITRATION REQUESTS involve a dispute over entitlement to a monetary transaction (e.g., a commission).  Refer to Article 17 in the REALTOR Code of Ethics for more information on a REALTORS obligation.  There is a $250 fee to file an Arbitration Request.

If you wish to file a written complaint or read about the Ethics and/or Arbitration process – click here for the Ethics Complaint packet - updated for 2021 or click here for the Arbitration Request packet - updated for 2021.

Complaints against REALTOR® members are filed at the local Association.  Complaints are handled economically and quickly as opposed to civil litigations that become costly and time consuming.  

Let MCAR’s Code of Ethics enforcement program help you. To learn more about the enforcement of MCAR, click here for the Code of Ethics Enforcement pamphlet.  To view the Metro Centre Association of REALTORS Professional Standards Policy, click here - Professional Standards Policy - 2019.  Access NAR's Code of Ethics, professional standards, and mediation resources at this link - https://www.nar.realtor/policy /code-of-ethics-and-profession al-standards.  Click here for the National Association of REALTORS Code of Ethics and Arbitration Manual for 2021.  Click here for the NAR Case Interpretations on each of the 17 Articles of the Code of Ethics.

THREE-WAY AGREEMENT  -  The term three-way agreement refers to the agreement of the National Association of REALTORS® with the state association and local associations of that state.
Local Association = Metro Centre Association of REALTORS® - 2,900+ members
State Association = New Jersey REALTORS® - 54,000+ members
National Association = National Association of REALTORS® - 1 million+ members - The largest trade organization in the country.