If Your Agent Is Charged

Read all of the information provided for you.  You have been notified of the complaint against your agent because you are the responsible member of the office.  Most of the paperwork your agent will receive is formally notifying them that they have been charged with a violation of a specific article of the Code of Ethics.  However, they will want to review the final piece of information called ‘Waiver of Ethics Hearing.’  This dictates that should they acknowledge the information put forth by the complainant is true and they acknowledge wrongdoing, they may waive their right to be heard at a hearing before their peers.  If they do not acknowledge the allegations by the complainant, they have an opportunity to respond.  Their response must be filed fifteen (15) days of the complaint being mailed to them. 

Tell your agent to review the Code of Ethics and become familiar with this document and the article(s) they allegedly violated.  The Professional Standards Hearing Panel is going to be basing their decision upon this document.

Your agent should respond to the complaint as clearly as possible.  The burden of proof is placed upon the complainant’s shoulders to produce clear, strong, and convincing evidence that they are in violation of an article(s).  To this end, your agent will want to add any information that they think is pertinent to their case.  Remember that a complaint can never be dismissed by the Professional Standards department; it must go forward to a hearing before the Professional Standards Committee. 

Determine if your agent would like to have a witness or witnesses present at your ethics hearing.  They must include a list of witnesses to the Professional Standards department fifteen (15) days prior to the hearing.

Determine if your agent would like to have REALTOR^® Counsel or an attorney (or both) present at your ethics hearing.  They must include the name, address, and telephone number of their REALTOR^® Counsel or attorney (or both) to the Professional Standards Department fifteen (15) days prior to their hearing.

The National Association of REALTORS^® Code of Ethics and Arbitration Manual allows the REALTOR^® Principal (Broker) of the respondent to be present at the hearing, and to receive all correspondence with regards to a hearing from the Professional Standards department.  Determine if you want to attend the hearing with your agent and testify on his/her behalf.  If so, notify the Professional Standards Department immediately; you will receive a copy of the complaint filed against your agent.

Your agent must file their response with the Professional Standards department fifteen (15) days from the date the complaint was mailed to them.