The following articles are from the Commercial Broker Quarterly. GWCAR members receive this publication quarterly.
The following articles are from the Commercial Broker Quarterly. GWCAR members receive this publication quarterly.
GWCAR Grievance Process -
What To Do When You’re in a Dispute
No one likes to consider the possibility of disputes with fellow REALTORS®. However, differences of opinion do occur and fortunately your membership in GWCAR provides you with options should such a dispute arise - options that are of little or no cost and which could keep you out of court!
In the course of completing transactions, two REALTORS® may believe they each are the procuring cause of that transaction and therefore are entitled to the commission. Who makes that decision and how? For commission disputes you have two options, arbitration and mediation. The procedures for both of these processes are proscribed by NAR.
Arbitration is a process where both parties appear before a panel of their peers to present testimony on the facts of the transaction. The panel then decides which party is entitled to the entire amount of money in dispute. Arbitration is mandatory, meaning that if someone files for arbitration against you, it is a duty of your membership that you agree to arbitrate. Arbitration decisions are binding.
In mediation, both parties meet with a trained mediator. The mediator facilitates the parties' fashioning their own resolution to the dispute. Mediation is voluntary. Mediation resolutions are binding.
Keep in mind that because commissions are paid to the Broker only Brokers can arbitrate/mediate commissions. In order to initiate either of these proceedings contact the GWCAR office for the proper form. Complete the form and attach a written detail of the events and why you believe you are entitled to the commission. There is a $500 filing fee for arbitration; there is no cost for mediation. Return the documents and the filing fee to the association office. Staff will organize the arbitration hearing/mediation conference.
All GWCAR members must subscribe to the NAR Code of Ethics. The Code of Ethics outlines broad standards of conduct for REALTORS®. Any member may file an ethics complaint against any other member. To initiate an ethics proceeding obtain the correct form from the association office. Complete the form and attach a written detail of why you believe another member has violated the Code of Ethics. There is no cost to file an ethics complaint.
The documents for all arbitration and ethics complaints are first reviewed by the Grievance Committee. The Grievance Committee acts in a similar fashion to a grand jury in that they decide whether any further action on the complaint should be taken by the association. If they decide the complaint warrants further actions, the matter will be forwarded to the Professional Standards Committee for a hearing.
If you wish to file a complaint contact Jackie Crist at GWCAR at 301-590-8782.
