REALTOR Ethics and Arbitration (commission dispute) Hearings in a Nutshell
The Chair of the Hearing Panel of REALTORS makes opening remarks.
Both sides make opening statements.
Complainant produces evidence (testimony, witnesses, documents, video) to prove their case by "clear, strong, convincing" (ethics case standard) or "preponderance" (arbitration money standard).
Other side tries to poke holes in the Complainant’s case via cross examination.
Then, hearing panel asks questions.
The whole process repeats with the Respondent presenting evidence, Complainant making cross examination, and hearing panel asking questions.
Both sides then make closing statements and depart.
Hearing panel then makes a decision such as dismissal or who gets the money or disciplining the violator.
Discipline can include:
Publishing violators name (suspension or second violation)
$15,000 max fine
Suspension of membership
Education (extra in addition to CE)
Letters of warning/reprimand
Probation
Witness lists should be provided to the other side at least 15 days prior to the hearing so the other side can prepare and get counter acting witnesses. Otherwise, the side failing to give the witness list 15 days prior to the hearing risks not being able to call the witness or having the hearing postponed for up to 5 days so the other side can prepare for the witness.
Posted by : Byron King