Estes Park Board of Realtors

Our Leadership | Our History | Why Use a REALTOR? | Code of Ethics Enforcement

	Lisa VonBargen - President The Yellow Mailbox Real Estate Services 970-215-3637 yellowmailbox@frii.com
	Scott Thompson - President Elect Coldwell Banker Estes Village Properties, LTD 970-586-4425 scott@estesparkrealestate.com
	Helene Ault - Treasurer RE/MAX Mountain Brokers 970-586-2454 heleneault@hotmail.com
	Kathleen Baker - Secretary Peak Realty of Estes Park 970-586-9551 kb1094@aol.com
	Judy Anderson - Immediate Past President Anderson Realty & Management 970-586-2950 judy@keytoestespark.com
	Becky Davis - Director First Colorado Realty/GMAC 970-586-3333 beckydavis@beyondbb.com
	Sue Magnuson - Director Mountain Paradise Real Estate 970-214-0319 suemagnuson710@msn.com
	Lori Smith - Director First Colorado Realty/GMAC 970-586-3333 lori@liveinestespark.com
	Peggy Lynch - CAR Director RE/MAX Mountain Brokers 970-586-1000 peggylynch@beyondbb.com

Affiliate Dave Caddell, Debra Flores, John Laughlin
Social Events Tammy Elley, Shannon Hitchcock, Amber Johnson
CARHOF Peggy Lynch
Education Sue Magnuson - Lori Smith, Lisa VonBargen, Peggy Lynch,
Equal Opportunity Jay Harroff
Finance and Budget Scott Thompson - Jay Harroff, Shannon Hitchcock, Peggy Lynch, Judy Anderson
MLS Lisa VonBargen
PSF Eric Blackhurst
Professional Standards Judy Anderson
Public Relations Lori Smith, Lisa VonBargen, Diane Roehl

The Estes Park Board of REALTORS® received its charter on November 17, 1971 from the National Association of Real Estate Boards, now known as NATIONAL ASSOCIATION OF REALTORS®.

Prior to that time, the Estes Park REALTORS® met twice monthly with the Loveland Board as a committee. In 1971, the Board had 25 charter members representing 10 real estate offices. Wendell Harding served as the first Board President, John Ramey as Vice President, and Michael Marden served as Secretary-Treasurer. The first Charter Party to celebrate the Board’s acceptance was held on February 3, 1972, at Nicky’s Restaurant in Estes Park.

The Estes Park Board of REALTORS® became the 24th Board of the Colorado Association, and is part of the Northeast District of Colorado Association of REALTORS® along with Boulder, Fort Collins, Greeley, Loveland, Longmont, Morgan County and Logan County.

In 1980, with membership needs and services increasing, the Board opened a Board office and hired an Executive Secretary 3 days per week to handle the necessary tasks. Presently, the board employs an Association Executive 4 days per week, Monday thru Thursdays. The Board office was created to serve as a central clearinghouse of information and Board activities, as well as provide a meeting place for committees and the Board of Directors.

The Estes Park Board of REALTORS® currently has approximately 85 primary members and 20 Affiliate members. The Board hosts, maintains and manages an MLS system. An electronic lock box system is also housed and managed at the Board office. A library of historical books, current information and 23 years of MLS books are available for members use.

The Estes Park Board of REALTORS® continues to support its members constantly changing needs in a constantly changing business environment. The board is committed to providing excellent service and supporting the professionalism of its members.

Estes Park Board of Realtors Ethics Page

Only real estate professionals who are members of the NATIONAL ASSOCIATION OF REALTORS® (NAR) can call themselves REALTORS®. All REALTORS® adhere to NAR�s strict Code of Ethics, which is based on professionalism and protection of the public. That’s why all real estate licensees are NOT the same.

Dedicated to serving America’s property owners at both local and national levels, the NATIONAL ASSOCIATION OF REALTORS®, The Voice for Real Estate, is the largest professional association at over 800,000 members strong. So, whether you’re buying or selling a home, it pays to work with a REALTOR®. Look for the REALTOR® logo when choosing your real estate agent.

Estes Park Board of Realtors Ethics Page

The Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS® is the promise to the public that when dealing with a real estate agent that is a REALTOR®, they can expect honest and ethical treatment in all transaction-related matters. Only REALTORS® pledge to abide by the Association’s Code of Ethics and only REALTORS® are held accountable for their ethical behavior.

Some of the basic principles of the Code of Ethics include:

Protect and promote your client’s interests, but be hones with all parties.
Avoid exaggeration, misrepresentation, and concealment of pertinent facts. Do not reveal facts that are confidential under the scope of your agency relationship.
Disclose present or contemplated interest in any property to all parties.
Avoid side deals without your client’s informed consent.
Keep the funds of clients and customers in escrow.
Assure, whenever possible, that the transactional details are in writing.
Provide equal service to all clients and customers.
Be knowledgeable and competent in the fields of practice in which you ordinarily engage. Obtain assistance of disclose lack of experience if necessary.
Do not engage in the unauthorized practice of law.

Estes Park Board of Realtors Code of Ethics

The single, most outstanding characteristic that sets REALTORS® apart from other real estate practitioners is the willingness to accept and abide by the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS®. The Code of Ethics, which was first adopted on July 29, 1913, is a living document, responsive in its content to changes in the law and industry. The Code has been revised several times through the years to reflect current developments in professional real estate practice. The term REALTOR® has come to represent competency, fairness, and high integrity. These qualities stem from voluntary adherence to an ideal of moral conduct in real estate business practices.

But even with the best of intentions, planning and preparation, occasional disagreements arise between REALTORS® and/or between REALTORS® and their clients or customers. As civil litigation becomes increasingly costly, time consuming, and burdensome, there has been a trend among private parties to settle disputes and conflicting claims through alternative means.

Your local board of REALTORS® offers its members and their clients and customers a vehicle to economically expedite ethics complaints and/or arbitrations requests without going to court. If a monetary dispute arises from a real estate transaction or if you believe a REALTOR® may have acted in an unethical manner, seek a resolution through your local board of REALTORS®. Ethics complaints that are brought before the board give those parties involved an opportunity to b e educated about the Code. In addition, REALTORS® are judged by their peers as opposed to other individuals who may be far less familiar with the practices and customs of the real estate industry.

Code of Ethics Enforcement Frequently Asked Questions:

What is the difference between an ethics complaint and arbitration request?
* An ethics complaint charges that a REALTOR® or REALTOR-ASSOCIATE has violated an Article(s) of the Code of Ethics. An arbitration request involves a dispute over entitlement to a monetary transaction (e.g., a commission)

Who can file an ethics complaint?
* Any person, whether a member of not, having reason to believe that a member is in violation of any conduct subject to disciplinary action.

Who can file an arbitration request?
* A customer, client, or REALTOR® principal. A REALTOR nonprincipal can also request arbitration with his current or former REALTOR® principle.

Is there a time limit?
* Yes. Ethics complaints must be filed within one hundred eighty (180) days of the time that the alleged offense and relating facts could have been know by the complainant in the exercise of reasonable diligence. Request for arbitration must be filed within one hundred eighty (180) days after the closing of the transaction, if any, or within one hundred eighty (180) days after the facts constituting the arbitrable matter could have been know in the exercise of reasonable diligence, whichever is later.

Who should I give the complaint or request to?
* The Executive Officer/Secretary of the board/association of REALTORS®.

What should be included with the ethics complaint or arbitration request?
* Ethics: An ethics complaint form must be completed and filed. In addition, a written statement of the facts (with appropriate documentation, if any) on which the complaint is based must also be included, dated, and signed by the complainant. The appropriate Article(s) as they pertain to the facts in the alleged violation must be cited in the complaint.
* Arbitration: An arbitration request form must be completed and submitted with details of the dispute and the deposit as set by the board (not to exceed $500., which may be refundable if the requestor is found to be the prevailing party). In addition, include whatever documentation that may help to substantiate your position.

Are there certain Articles that can or can’t be cited?
* Only Articles 1 through 17 may be the basis of a complaint. The Preamble is inspirational and establishes ideals that a REALTOR® should strive to attain. Because of its subjective nature, the Preamble may not be used as a basis for charges of alleged unethical conduct or as the basis for disciplinary action.

Can Standard of Practice be cited in an ethics complaint?
* No. Standards of Practice may be cited only in support of the Article(s) that was allegedly violated. Are there issues or complaints that should not be brought before a board/association of REALTORS®? Yes. A charge of violating the law of State real estate regulations is not a matter that would be considered by the board/association of REALTORS®. Also, the board/association is not the court of law where criminal or civil issues are resolved.

Is submitting to arbitration mandatory?
* It depends on the circumstances. A REALTOR® may be obligated to arbitrate, or he/she may have a choice as to whether or not to voluntarily participate in an arbitration proceeding conduced by the board/association of REALTORS®.

When is arbitration mandatory/voluntary?
Mandatory: When the dispute is between:
* REALTORS® who are principal brokers in different firms.
* Clients and REALTOR® principals.

Voluntary: When the dispute is between:
* Members of the same firm.
* A REALTOR® who is a principal broker, and a non-member principal broker in another firm.
* Customers and REALTOR® principals.
�Principle Broker� means� A principal, partner, corporate officer, or branch office manager of a real estate firm.

Ethics Complaint/Arbitration Request Checklist
* Contact the respondent�s local board/association for the appropriate forms.
* Ethics � Complete the ethics complaint form and provide a written explanation that includes the facts on which the alleged violations(s) is based, cite the appropriate Article(s) and include any other appropriate documentation.
* Arbitration � Complete the arbitration request form, attach the details of the dispute, and enclose the appropriate deposit along with whatever documentation that may help to substantiate your position.
* The ethics complaint or arbitration request will then be sent to the Grievance Committee for review.
* The Grievance Committee may, if deemed appropriate, send a copy of the ethics complaint and/or arbitration request to the respondent for a written response.
* The Grievance Committee, which functions much like a grand jury, will then review the ethics complaint and/or arbitration request (and response, if any).
* If the Grievance Committee refers the ethics complaint or arbitration request for a hearing, the parties will be advised of the referral. The respondent will be requested to submit a written response if one has not already been filed.
* The Grievance Committee determines that a hearing is not warranted, the parties will be advised that the matter has been dismissed and notified of the opportunity to appeal the Grievance Committee�s dismissal t the Board of Directors.
* If the Grievance Committee determines that a hearing is warranted, the parties will be advised of the date, time, and place of the hearing subsequent to having an opportunity to challenge any of the hearing panelists for cause.
* During the hearing, the parties have an opportunity to present their positions. Parties may exercise their right to bring witnesses and/or attorneys to the hearing. The standard of proof in an ethics complaint is clear, strong and convincing evidence. The standard of proof that must be observed to prevail in an arbitration proceeding is a preponderance of the evidence (i.e., that evidence when taken as a whole, is more convincing that the evidence offered in opposition.)
* The Hearings Panel�s ethics decision or arbitration award is transmitted to the parties. Either party may file an ethics appeal or rehearing request with the President, buy the complainant may only appeal on the procedural basis. The parties involved in arbitration may appeal only on the basis that there was a procedural irregularity that materially worked to their detriment.
* The Board of Directors, either on an ethics appeal or after the ethics appeal period has expired, renders its final decision, which will in turn be transmitted to the parties. Arbitration awards are considered final and binding subsequent to the expiration of the procedural review period.

This information has been summarized and provided for your use as a quick reference. Click here to review the complete 2007 Code of Ethics. Call the Estes Park Board of REALTORS® at (970) 586-6628 for more information on the REALTOR® Code of Ethics.