Law and Ethics
At EVBOR, we take our commitment to professional and ethical business very seriously.
File an Ethics Complaint
REALTORS® are different from other licensees in that they voluntarily pledge to abide by a strict code of professional conduct above and beyond the licensing laws of the state. This conduct is outlined in the National Association of REALTORS® Code of Ethics. If you feel like any part of the Code has been violated you are entitled to file a complaint. The REALTORS® Code of Ethics is comprised of seventeen Articles. The Articles are explained through accompanying Standards of Practice.
All ethics complaints must be filed with the REALTOR® Association within 180 days from the time a complainant knew (or reasonably should have known) that potentially unethical conduct took place. Complaints must be in writing and submitted using the Ethics Complaint Form E-1. A complaint should cite one or more Articles of the Code of Ethics which may have been violated and a narrative description or summary of events that occurred leading to the belief the Code of Ethics may have been violated.
The Complaint Form E-1 and supporting documents should be sent to the Board Services Division of the Colorado Association of REALTORS® at EthicsComplaints@ColoradoREALTORS.com.
Once the complaint is received, it will be reviewed by the association’s Grievance Committee. The job of the Grievance Committee is to determine if the allegations made, if taken as true might support a violation of the Article(s) cited in the complaint. The Grievance Committee, based on specific guidelines, determines if a case should be referred to hearing or dismissed.
The Grievance Committee may also issue a citation for certain and specific violations of the Code of Ethics. The Grievance Committee will review all appropriately-filed ethics complaints to determine if an allegation classifies as a citable offense and is eligible for a citation. The Grievance Committee may only issue a citation for complaints that allege a citable offense. A citation allows the REALTOR® to pay a pre-determined fine for the violation instead of going to hearing. If an allegation qualifies for a citation, the Complainant will remain anonymous from the citation. A REALTOR® may request a hearing instead of electing to participate in the citation. If the REALTOR® makes such an election, the Complainant name will no longer remain anonymous.
Citations may only be issued for alleged violations that are specifically outlined in the Citation Schedule of Fines. Citations may not be issued when a complaint alleges some violations that are covered in the Citation Schedule and some that are not; these complaints will be referred to a hearing. Only the Grievance Committee may issue the citation; Complainants and Respondents may not request a citation be issued. If a REALTOR® receives a citation they have ten (10) days to respond or twenty (20) days to request a hearing.
If the Grievance Committee forwards the complaint to hearing, or if a REALTOR who receives a citation requests a hearing, the Professional Standards Committee panel will hear the case. The hearing panel makes the determination if the Code of Ethics has or has not been violated. The hearing panel may discipline a REALTOR® found to have violated the Code of Ethics. Disciplinary action may include requiring education, a fine, letters of warning or reprimand, and suspension or termination of membership.
Ethics and Arbitration
REALTOR® Members agree to submit to arbitration for contractual and specific non-contractual disputes as defined in Standards of Practice 17-4 of the Code of Ethics, including entitlement to commission and compensation in cooperative transactions that arise of out of the business relationships between REALTORS® and between REALTORS® and their clients and customers.
Mediation will be offered to parties during the arbitration request. Mediation is encouraged by the Colorado Association of REALTORS® as a useful tool for resolving disputes and conflicts. Mediation will be offered upon receipt of an arbitration request. If mediation is not successful or parties choose to withdraw from mediation the complaint will forwarded to the Grievance Committee for review. If mediation is successful, $400 of the $450 filing fee shall be returned to the parties.
To file a mediation request, please complete the Request for Mediation form and submit with your arbitration request.