Difference between revisions of "File a Complaint Against a Realtor"
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== Steps == | == Steps == | ||
=== Meeting with the Agent’s Broker=== | === Meeting with the Agent’s Broker=== | ||
| − | #Decide whether misconduct has really occurred. Difficulties in the relationship with a real estate agent often stem from a simple breakdown in communication. <ref>http://www.realtor.org/sites/default/files/handouts-and-brochures/2015/before-you-file-an-ethics-complaint-brochure-2015-revisions.pdf</ref> Re-establishing communication may clear up any misunderstandings. | + | #Decide whether misconduct has really occurred. Difficulties in the relationship with a real estate agent often stem from a simple breakdown in communication. <ref name="rf1">http://www.realtor.org/sites/default/files/handouts-and-brochures/2015/before-you-file-an-ethics-complaint-brochure-2015-revisions.pdf</ref> Re-establishing communication may clear up any misunderstandings. |
#*However, if you feel that your agent has deliberately lied or misled you about anything you consider material (e.g., the condition of a piece of property, the willingness of a seller or buyer, or the costs of services), you should pursue a complaint. | #*However, if you feel that your agent has deliberately lied or misled you about anything you consider material (e.g., the condition of a piece of property, the willingness of a seller or buyer, or the costs of services), you should pursue a complaint. | ||
| − | #*Sometimes what strikes a seller as unprofessional conduct may seem minor to real estate professionals. Discuss your issue with an unbiased third party to gain another perspective. <ref>http://www.newsday.com/classifieds/real-estate/filing-a-complaint-against-a-real-estate-agent-1.3455671</ref> | + | #*Sometimes what strikes a seller as unprofessional conduct may seem minor to real estate professionals. Discuss your issue with an unbiased third party to gain another perspective. <ref name="rf2">http://www.newsday.com/classifieds/real-estate/filing-a-complaint-against-a-real-estate-agent-1.3455671</ref> |
#Schedule a meeting with the agent’s managing broker. The broker is the party who owes you a fiduciary duty; the agent is merely the broker’s employee. You should therefore set up a meeting and make your complaints known. The agent may or may not be invited to attend. | #Schedule a meeting with the agent’s managing broker. The broker is the party who owes you a fiduciary duty; the agent is merely the broker’s employee. You should therefore set up a meeting and make your complaints known. The agent may or may not be invited to attend. | ||
#*Write out your complaints and all of the details that you remember. Take down the name of any witnesses as well as their telephone numbers. | #*Write out your complaints and all of the details that you remember. Take down the name of any witnesses as well as their telephone numbers. | ||
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#Request resolution. Apart from merely lodging a complaint against an agent, you can ask the managing broker to resolve your problem. For example, if the agent did not disclose a defect in the house, you could ask for an offsetting reduction in agent fees. | #Request resolution. Apart from merely lodging a complaint against an agent, you can ask the managing broker to resolve your problem. For example, if the agent did not disclose a defect in the house, you could ask for an offsetting reduction in agent fees. | ||
#*Be open to settlement. Accepting less than you want does not mean that you cannot still file a complaint with your state’s licensing board. | #*Be open to settlement. Accepting less than you want does not mean that you cannot still file a complaint with your state’s licensing board. | ||
| − | #Ask to see a supervisor. If you feel the meeting did not go well, ask if there is anyone else you can meet with. In large real estate offices you probably will not meet with the president initially, so there should be someone else to talk to. Ask to move up the chain of command.<ref | + | #Ask to see a supervisor. If you feel the meeting did not go well, ask if there is anyone else you can meet with. In large real estate offices you probably will not meet with the president initially, so there should be someone else to talk to. Ask to move up the chain of command.<ref name="rf2" /> |
===Informing Consumer Protection Agencies=== | ===Informing Consumer Protection Agencies=== | ||
#Visit the Better Business Bureau. The BBB is the most famous consumer protection bureau in the U.S. You can report online at their [http://www.bbb.org/ website]. | #Visit the Better Business Bureau. The BBB is the most famous consumer protection bureau in the U.S. You can report online at their [http://www.bbb.org/ website]. | ||
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#* If you are unsure whether your agent belongs to a particular association, review paperwork or business cards from your agent to locate a seal or logo that represents any state or national association they may belong to. | #* If you are unsure whether your agent belongs to a particular association, review paperwork or business cards from your agent to locate a seal or logo that represents any state or national association they may belong to. | ||
#* You may also want to call the broker, office manager, or firm to determine if the agent belongs to an association with which you can file a complaint. | #* You may also want to call the broker, office manager, or firm to determine if the agent belongs to an association with which you can file a complaint. | ||
| − | #Read the Code of Ethics. To file a complaint with the National Association of Realtors, you are required to pinpoint an ethics violation in your complaint. <ref | + | #Read the Code of Ethics. To file a complaint with the National Association of Realtors, you are required to pinpoint an ethics violation in your complaint. <ref name="rf1" /> Familiarize yourself with their ethics rules so that you can point to something specific. |
| − | #*Specific violations include a duty not to deliberately mislead you about market value, as well as a duty to submit offers and counteroffers as quickly as possible. <ref>http://www.realtor.org/sites/default/files/policies/2015/2015-Code-of-Ethics.pdf</ref> | + | #*Specific violations include a duty not to deliberately mislead you about market value, as well as a duty to submit offers and counteroffers as quickly as possible. <ref name="rf3">http://www.realtor.org/sites/default/files/policies/2015/2015-Code-of-Ethics.pdf</ref> |
| − | #File soon. There may be time limits. For example, the National Association of Realtors requires that you file a complaint within 180 days of knowing that a Realtor has committed an unethical act.<ref | + | #File soon. There may be time limits. For example, the National Association of Realtors requires that you file a complaint within 180 days of knowing that a Realtor has committed an unethical act.<ref name="rf1" /> |
#Secure a copy of the complaint form. You can download the complaint [http://www.realtor.org/code-of-ethics-and-arbitration-manual/ethics/form-e-1-ethics-complaint form] in PDF or in Microsoft Word. | #Secure a copy of the complaint form. You can download the complaint [http://www.realtor.org/code-of-ethics-and-arbitration-manual/ethics/form-e-1-ethics-complaint form] in PDF or in Microsoft Word. | ||
#*Attach supporting documentation as well as a signed and dated statement in which you explain the circumstances surrounding the alleged ethics violation. | #*Attach supporting documentation as well as a signed and dated statement in which you explain the circumstances surrounding the alleged ethics violation. | ||
| − | #Consider mediation. Some associations offer alternative dispute resolution such as mediation. In mediation the parties work under the guidance of a mediator toward a solution acceptable to both parties.<ref | + | #Consider mediation. Some associations offer alternative dispute resolution such as mediation. In mediation the parties work under the guidance of a mediator toward a solution acceptable to both parties.<ref name="rf1" /> |
#Prepare for a hearing. Once the local grievance committee receives your complaint, they will determine whether you have alleged an actual violation of the ethics rules. If so, a hearing will be scheduled. | #Prepare for a hearing. Once the local grievance committee receives your complaint, they will determine whether you have alleged an actual violation of the ethics rules. If so, a hearing will be scheduled. | ||
#*Gather your documentation and think about any witnesses you can call. You must present evidence that supports your contention. Mere accusation is insufficient. | #*Gather your documentation and think about any witnesses you can call. You must present evidence that supports your contention. Mere accusation is insufficient. | ||
#*If your complaint is rejected, you may appeal to the Board of Directors within 20 days by filling out the appropriate [http://www.realtor.org/code-of-ethics-and-arbitration-manual/ethics/form-e-13-request-for-appeal form]. | #*If your complaint is rejected, you may appeal to the Board of Directors within 20 days by filling out the appropriate [http://www.realtor.org/code-of-ethics-and-arbitration-manual/ethics/form-e-13-request-for-appeal form]. | ||
#Attend the hearing. The hearing will proceed like a trial. Parties may be represented by counsel and present evidence supporting their contentions. | #Attend the hearing. The hearing will proceed like a trial. Parties may be represented by counsel and present evidence supporting their contentions. | ||
| − | #*The agent is presumed innocent. You have the burden of showing by “clear, strong, and convincing evidence” that the agent violated the Code of Ethics. <ref | + | #*The agent is presumed innocent. You have the burden of showing by “clear, strong, and convincing evidence” that the agent violated the Code of Ethics. <ref name="rf1" /> |
#*Present your evidence in a crisp, clear, and coherent manner. | #*Present your evidence in a crisp, clear, and coherent manner. | ||
===Reporting to a Governing Licensing Board=== | ===Reporting to a Governing Licensing Board=== | ||
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#Download a form. Most states require that you download a PDF and fill it out before mailing it back. | #Download a form. Most states require that you download a PDF and fill it out before mailing it back. | ||
#Fill out the form carefully. Provide all information requested. Incomplete forms may not be processed or could detract from your credibility. | #Fill out the form carefully. Provide all information requested. Incomplete forms may not be processed or could detract from your credibility. | ||
| − | #*For increased legibility type the form or print with black ink. <ref>http://com.ohio.gov/documents/real_COM3688REComplaintForm.pdf</ref> | + | #*For increased legibility type the form or print with black ink. <ref name="rf4">http://com.ohio.gov/documents/real_COM3688REComplaintForm.pdf</ref> |
#*Forms vary by state, but they typically require filling out your personal information (name and address) as well as the name, address, and business name of the agent. | #*Forms vary by state, but they typically require filling out your personal information (name and address) as well as the name, address, and business name of the agent. | ||
| − | #*Forms also may ask whether a legal action has been started. If so, they will ask for the name of your attorney as well as the attorney’s contact information (address and phone number).<ref>http://www.re.state.az.us/Inv/Forms/Form_INV-800_Request_For_Investigation.pdf</ref> | + | #*Forms also may ask whether a legal action has been started. If so, they will ask for the name of your attorney as well as the attorney’s contact information (address and phone number).<ref name="rf5">http://www.re.state.az.us/Inv/Forms/Form_INV-800_Request_For_Investigation.pdf</ref> |
#*You must sign the form under penalty of perjury. If you do not feel comfortable doing this, you may want to schedule a meeting with the agent’s supervisor instead of lodging a formal complaint. | #*You must sign the form under penalty of perjury. If you do not feel comfortable doing this, you may want to schedule a meeting with the agent’s supervisor instead of lodging a formal complaint. | ||
#Explain your complaint. After selecting the category of complaint, you must inform the state agency of the factual grounds for the dispute. Some forms will provide a space for this information, but feel free to type this out on a separate piece of paper and attach it to your complaint. | #Explain your complaint. After selecting the category of complaint, you must inform the state agency of the factual grounds for the dispute. Some forms will provide a space for this information, but feel free to type this out on a separate piece of paper and attach it to your complaint. | ||
#*Answer the questions “who, what, where, when, and how.” That is, describe who did what, where it happened, when it happened, and how it happened. Note any promises that were made and the actual language used. | #*Answer the questions “who, what, where, when, and how.” That is, describe who did what, where it happened, when it happened, and how it happened. Note any promises that were made and the actual language used. | ||
#*Include the names of witnesses as well as their contact information. | #*Include the names of witnesses as well as their contact information. | ||
| − | #*Describe events in chronological order for increased clarity. <ref | + | #*Describe events in chronological order for increased clarity. <ref name="rf5" /> You don’t want to confuse the state board. |
| − | #Attach any documents in support. Provide a complete copy of receipts, cancelled checks, contracts, closing documents, title documents, and correspondence. <ref | + | #Attach any documents in support. Provide a complete copy of receipts, cancelled checks, contracts, closing documents, title documents, and correspondence. <ref name="rf5" /> |
#*Send only copies of supporting documentation, never the originals, and make sure that they are legible. | #*Send only copies of supporting documentation, never the originals, and make sure that they are legible. | ||
#Mail the complaint. The address should be on the form. | #Mail the complaint. The address should be on the form. | ||
#*Be sure to keep a copy of the entire complaint, including any attachments. You can refer to this copy to refresh your memory should someone contact you later about your dispute. | #*Be sure to keep a copy of the entire complaint, including any attachments. You can refer to this copy to refresh your memory should someone contact you later about your dispute. | ||
| − | #Assist the investigator. After a complaint is filed, the state board considers whether or not to open an investigation. If one is opened, the case is then handed to an investigator, who may want to interview you. <ref>http://www.llr.state.sc.us/AboutUs/MediaCenter/pidocs/ComplaintProcess.pdf</ref> | + | #Assist the investigator. After a complaint is filed, the state board considers whether or not to open an investigation. If one is opened, the case is then handed to an investigator, who may want to interview you. <ref name="rf6">http://www.llr.state.sc.us/AboutUs/MediaCenter/pidocs/ComplaintProcess.pdf</ref> |
| − | #*Though procedure may vary by state, in the typical hearing the only two parties are the state and the agent. <ref | + | #*Though procedure may vary by state, in the typical hearing the only two parties are the state and the agent. <ref name="rf6" /> You are not a party to the proceedings, though you may be called as a witness. |
| − | #*If no action is taken, the state board will likely send you a letter to that effect.<ref>http://irec.idaho.gov/publcs/complaint-procedure-flow-chart.pdf</ref> | + | #*If no action is taken, the state board will likely send you a letter to that effect.<ref name="rf7">http://irec.idaho.gov/publcs/complaint-procedure-flow-chart.pdf</ref> |
== Tips == | == Tips == | ||
