Mediator Form For Texas Real Estate Realtors printable pdf download

Dear Party:

You recently contacted us regarding an issue with a REALTOR . We offer two separate services to resolve

issues with REALTORS : ethics and arbitration. An ethics complaint is the procedure by which a complainant

may seek disciplinary action for a violation of the Code of Ethics. Arbitration is the procedure by which a

complainant may file a monetary dispute (generally commission disputes).

We also offer an Ombudsman program that could possibly assist you with your ethical concerns or monetary

dispute. The Ombudsman will attempt to informally resolve your concerns through phone communication. The

Ombudsman’s role is primarily one of communication and conciliation, not adjudication. Ombudsmen do not

determine whether ethics violations have occurred or who is owed money; rather they anticipate, identify, and

attempt to resolve misunderstandings and disagreements before matters ripen into possible charges of unethical

conduct or arbitration (generally commission) disputes. If you wish to take advantage of this free service, please

call us at 800/873-9155.

If you haven’t already done so, we recommend that you first contact the broker to see if you can resolve your

issue. If you are unsatisfied with the results of that call, you may seek ethics or arbitration services with our

association. Please read the enclosed “Before You File a Complaint” and review our Code of Ethics and follow

the steps outlined below.

If you wish to file an Ethics Complaint (seek disciplinary action), you must submit the following:

the attached ethics complaint form (E-01) citing the specific article(s) of the Code of Ethics (enclosed)you

believe the REALTOR violated, then sign and date it; and

a written summary of the facts; and

any supporting documentation.

If you wish to file an Arbitration Request (seek a monetary award), you must submit the following:

the attached arbitration request form (A-1 for REALTOR® Members and A-2 for non-members), signed

and dated; and

a written summary of the facts; and

any supporting documentation; and

non-refundable filing fee of $300 made payable to the Texas Association of REALTORS .

If you are a REALTOR , the arbitration request must be filed by the Designated REALTOR of your firm and,

if your claim is against another REALTOR , the Designated REALTOR of the respondent’s firm must be

named as respondent.

It is possible to file an arbitration request and an ethics complaint with regard to the same circumstances. If you

decide to file both an arbitration request and an ethics complaint, the arbitration request will be considered first.

Also, if you submit both an arbitration request and an ethics complaint, you must attach any and all supporting

documentation to both of the forms, not just one. Separate tribunals consider ethics complaints and arbitration

requests. Both an ethics complaint and an arbitration request must be filed within 180 days after the facts

constituting the matter could have been known in the

exercise of reasonable diligence. Note that the filing of an ethics complaint or arbitration request does not stop the

clock for the filing of the other procedure. Therefore, it is recommended that if you are pursuing both procedures,

you submit both forms at the same time.

Mediator Form For Texas Real Estate Realtors