Upholding Professional Standards
Boards and Associations of REALTORS® are responsible for enforcing the REALTOR® Code of Ethics. The Code imposes duties above and beyond those required by law and applies only to real estate professionals who choose to become REALTORS®.
Many difficulties among real estate professionals result from misunderstanding or inadequate communication. If you have a problem with a real estate professional, you may want to speak with them or with a principal broker in the firm. Open, constructive discussion often resolves questions without further action.
1.Only REALTORS® and REALTOR®-Associates are subject to the NAR Code of Ethics.
2.If the professional you’re dealing with is not a REALTOR®, your recourse may be the state real estate licensing authority or the courts.
3.Boards determine whether the Code of Ethics has been violated — not whether the law has been broken. Legal decisions are made by licensing authorities or courts.
4.Discipline for ethics violations is primarily educational. Boards cannot require REALTORS® to pay money to complainants, award punitive damages, or suspend/revoke a real estate license.
How to File an Ethics Complaint
Ethics complaints against Cobb REALTORS® members are handled by the Georgia Association of REALTORS® (GAR). To submit your complaint, please review the steps provided by GAR and contact their Professional Standards Administrator directly.
Steps for Filing an Ethics Complaint →and Legal Affairs Coordinator
Georgia REALTORS®
How to File an Arbitration Request
Only a broker member of a REALTOR® Association may file an arbitration request against another broker member. To verify if both brokers are members, contact the GAR Administrator listed here.
A Request for Arbitration must be filed: (1) after the transaction has been completed; (2) within six months after the facts could have been known through reasonable diligence; and (3) by the broker of a real estate agency.
Steps for Filing an Arbitration →If both brokers are members of a REALTOR® Association, they must arbitrate through the Association rather than litigate under Article 17 of the Code of Ethics.
The Arbitration Committee convenes a panel of impartial, experienced REALTORS®. Both parties may be represented by attorneys, call witnesses, present evidence, and challenge panel members. A limited right to procedural review also exists.
Mediation
In addition to arbitration, we offer Mediation as an alternative for resolving commission or other business disputes. Mediation has become popular because it is quicker, easier, and provides parties with more control over the final resolution.
Mediation uses an impartial third party to facilitate discussion and help parties reach a mutually agreeable solution. It is generally faster, less expensive, and less adversarial than arbitration. REALTORS® typically emerge from mediation with a higher level of satisfaction than from arbitration.
More on GAR’s Website →In arbitration, parties testify before a panel; awards are typically “all or nothing.” In mediation, parties talk through their dispute to find a middle ground.
Mediation is optional before the Grievance Committee screens the case. However, once mandatory arbitration is determined, mediation must be attempted before an arbitration hearing.
If mediation fails to resolve the dispute, parties can proceed directly to an arbitration hearing without delay.
Questions About Professional Standards?
Ethics complaints and arbitration requests for Cobb REALTORS® members are handled by the Georgia Association of REALTORS®. Contact their Professional Standards Administrator or visit their website for more information.