FILING AN ETHICAL COMPLAINT

Complaints can be filed against a member and/or broker of PWR by the public. An ethics complaint should be filed when you want to charge a member with a Code of Ethics, TRI Bylaws or MLS Rules and Regulations violation. Keep in mind, Tri-Counties Association of REALTORS® is a voluntary trade association does not have the authority to determine the status of a Real Estate Licensee, but Tri-Counties can hold REALTORS® accountable to the Code of Ethics, Bylaws and MLS Rules & Regulations. To file a licensing complaint, contact the California Department of Real Estate at www.dre.ca.gov or call (213) 620-2072.

Requirements

Any person, member or non-member, may file an ethics complaint against a member and/or broker alleging a violation of the Code of Ethics or MLS Rules & Regulations. A Complaint must be filed within 180 days from close of escrow or date of discovery. You must submit a typed-written summary detailing the events that took place with time frames and any evidence you wish to submit. Your summary must support the actual Code of Ethics, Bylaws or M.L.S. Rules you are charging against the agent and/or broker.

Disciplinary Action

What will happen to the agent if he is found in violation? The penalties range from a letter of warning in their file, to required education, a fine of up to $15,000 (MLS Violation), suspension of M.L.S. or association services and/or notification to the Department of Real Estate about the complaint. The Association does not, however, have the authority to remove or terminate a member’s license.

Procedure

If you want to file a complaint, first read the informative PDF form “Before you File an Ethics Complaint” below for clarification about what we can and cannot do.

If you decide to file, please complete the PDF form “Disciplinary Complaint Form D-1” below, identify the Code of Ethics you want to charge and return it to the Association office with a detailed summary of the events that took place (there is no filing fee...).

Your complaint will then be sent to the Grievance Committee and they will determine if it should go forward for a hearing. If the committee vote to send it forward, the Respondent will then be notified a complaint has been filed against them and they will have 20 days to send in a response. A hearing will be scheduled at which you will present your case to a panel of three members from the Professional Standards Department. They will come to a decision and administer disciplinary action if deemed appropriate. The process can take approximately 2-3 months in order to ensure due process to both sides.

Submit to Tri-Counties
loris@pwr.net or fax to (909) 594-7156.

Downloads

Puzzled About Filing an Ethics Complaint
Disciplinary Complaint Form

Code_of_Ethics
Code of Ethics and Arbitration Manual
TRI Bylaws
MLS Rules and Regulations