Ethics Complaints
Even with the best of intentions, planning and preparation, occasional disagreements arise between REALTORS® and/or between REALTORS® and their clients and customers. Here are how those conflicts can be resolved through the REALTOR® Association.
REALTORS® are different from other real estate 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 by a REALTOR®, 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.
There are two types of conflicts that a REALTOR® Association has jurisdiction.
1) ETHICS COMPLAINTS – An ethics complaint charges that a REALTOR® has violated an Article(s) of the Code of Ethics of the National Association of REALTORS®. Ethics complaints are filed where the respondent holds membership. Complaints can be filed by any person, whether a member or not, having reason to believe that a member is in violation of any conduct subject to disciplinary action. Ethics complaints MUST be in writing.
2) ARBITRATION – An arbitration request involves an “arbitrable” dispute over entitlement to a monetary transaction (e.g., a commission) or a monetary claim arising out of a contractual dispute (Standard of Practice 17-4 of the Code of Ethics). Requests for Arbitration MUST be in writing.
The reader should be aware of the following policies which have been approved by the Board of Directors of the National Association:
In filing a charge of an alleged violation of the Code of Ethics by a REALTOR®, the charge must read as an alleged violation of one or more Articles of the Code. Standards of Practice may be cited in support of the charge.
The Standards of Practice serve to clarify the ethical obligations imposed by the various Articles and supplement, and do not substitute for, the Case Interpretations in Interpretations of the Code of Ethics.
Modifications to existing Standards of Practice and additional new Standards of Practice are approved from time to time. Readers are cautioned to ensure that the most recent publications are utilized.
Code of Ethics
REALTORS® are different from other real estate 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 by a REALTOR®, 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.
Before You File
It is recommended that you review the following document prior to filing a complaint to better understand the process.
File a Complaint
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®. Please email us 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.
For additional information on the ethics and arbitration process, visit NAR’s Professional Standards resources: