FILING AN ARBIRTATION COMPLAINT (PUBLIC)
PROCEDURES FOR FILING AN ARBITRATION COMPLAINT WITH THE
The Inland Gateway Association of REALTORS®
ARBITRATION COMPLAINTS
An Arbitration Complaint/Member of the Public Form (PA-1) should be used by members of the public for monetary disputes involving a REALTOR® with whom the member of the public has (or had) a contractual relationship. Please refer to the MLS Rules and Regulations when compiling your facts for your complaint. (See Member of the Public Information Sheet) located further down the page and follow these guidelines:
• A complaint must be filed within 180 days after the closing of the transaction, if any,
or after the facts constituting the arbitral matter could have been known in the
exercise of reasonable diligence, whichever is later;
• Enter all parties you wish to name and the amount you are requesting;
• Include the filing fee of $500 with your application.
Checks should be made payable to The Inland Gateway Association
of REALTORS®
• Attach a statement of facts (preferably typed) and any pertinent documents
supporting your claim.
• Please print and submit the attached Check List and Dividers with your packet.
When an Arbitration Complaint is recieved, the following process is initiated;
1. The program Administrator reviews the documentation for accuracy in due process;
2. A copy of the complaint is forwarded to the Respondent(s);
3. Respondent is given time to submit a written response to the allegations;
4. Upon receipt of Response, a copy will be forwarded to the Complainant;
5. A hearing before three (3) panelists of the Professional Standards Committee will
be arranged, and all parties will receive at least 21 days notice of the date.
A $125 fee may be charged to any party causing a continuance (postponement) of a hearing.
Important: Please note that arbitration is mandatory for Association members in most circumstances.
Mediation of the dispute is also available, if both parties agree. If you are interested in pursuing mediation, please contact the association for further details.
NOTE: A Disciplinary Complaint and an Arbitration Complaint may be filed at the same time. The California Association of REALTORS® Code of Ethics and Arbitration Manual, which contains detailed information on the Disciplinary and Arbitration complaint process, is available upon request.
If you have any questions regarding the complaint process, please contact Lisa Martin, Dispute Resolution Administrator, either by phone at 951-735-5121 or by email at shirley@cnar.org.
MEMBER OF THE PUBLIC INFORMATION SHEET REGARDING ARBITRATION:
As a client of a member of this Association, you may arbitrate a dispute arising out of a real estate transaction with that member, using the Associations arbitration facilities. Arbitrations held at this Association are conducted in accordance with the rules and procedures set forth in the California Association of REALTORS® Code of Ethics and Arbitration Manual. Instead of arbitrating at the Association, you have the right to initiate a court action to resolve the dispute. (You waive your right to resolve this dispute in court by filing and processing an arbitration at the Association.)
If your arbitration request is based upon a written agreement you have entered into which includes an initialed arbitration clause (e.g., a listing agreement, buyers broker agreement or purchase and sale agreement, please be advised that the Association will not be able to process an arbitration request unless all parties and The Inland Gateway Association of REALTORS® agree to the arbitration. If they do not agree, you must initiate an arbitration according to the terms of your agreement, with an arbitration provider as specified in the agreement.
The California Association of REALTORS® Code of Ethics and Arbitration Manual does not allow pre-hearing discovery. The Manual provides for a three-person panel that is comprised of REALTORS® from the local Association. There are no findings of fact or reasons given for an arbitration award.
Finally, Association arbitrations only consider disputes against REALTORS®. If you have a claim arising out of the same transaction against a person who is not a REALTOR®, you may want to take the matter to court, which will allow you to have all disputes heard at one time. For more information visit Client Information Sheet
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