ETHICS COMPLAINTS

Did you know?Not all real estate licensees are REALTORS®. A REALTOR® is a real estate licensee who had chosen to take an extra step toward professionalism and high ethical standards by joining the local, state and national Associations of REALTORS®. And while all licensees must follow licensing laws, only those licensees who have chosen to hold REALTOR® membership are subject to theNational Association of REALTORS®’ Code of Ethics.

What is the REALTOR® Code of Ethics?

The REALTOR® Code of Ethics imposes duties above and beyond those imposed by law or regulation. The REALTOR®Code of Ethicsconsists of seventeen (17) Articles. The duties imposed by many of the Articles are explained and illustrated through accompanying Standards of Practice or case interpretations.

Who enforces the Code of Ethics?

As the local association, we are responsible for enforcing theCode of Ethicsand can administer discipline to a REALTOR® found to be in violation of the Code of Ethics. This discipline could look like:

Placing a letter of warning or reprimand to the member, with a copy placed in the member’s personal file
Directing the member to attend an ethics class or other training appropriate to the violation
Fining the member up to $15,000
Placing the member on membership probation
Suspending their membership and/or MLS access
Expelling the member from membership and/or MLS access

Keep in mind: the Chicago Association of REALTORS® has legal limits on its authority. We cannot conduct a hearing to determine violations of law, nor can we enforce contracts or award monetary damages to a party in a case. These powers are reserved to the courts and/or state licensing authority. We also do not have the power to revoke an individual’s real estate license, which falls under the authority of theIllinois Department of Financial and Professional Regulation (IDFPR).

Who's subject to Code of Ethics?

Only REALTORS® and REALTOR-ASSOCIATES® are subject to theCode of Ethicsof the National Association of REALTORS®.

I am not a REALTOR®, can I still report a violation?

Yes. Members of the Public can report a violation against a REALTOR® Member.

I feel my REALTOR® broke the law, but I don't see their specific violation listed in the Code of Ethics?

The local association only adminsters and enforces the REALTOR® Code of Ethics and its 17 Articles. REALTOR® Associations like CAR determine whether the Code of Ethics has been violated, not whether the law or real estate regulations have been broken. REALTORS® are also bound by the Illinois Real Estate License Act which is governed by IDFPR. Only IDFPR or the courts can make a determination on whether a law or real estate regulation was broken. To file a complaint with the State Licensing Authority, IDFPR,click here.

What does discipline for the Code of Ethics look like?

Boards of REALTORS® can only discipline REALTORS® for violating the Code of Ethics.

Typical forms of discipline include attendance at courses and seminars designed to increase REALTORS® understanding of the ethics duties or other responsibilities of real estate professionals.
REALTORS® may also be reprimanded, fined, or their membership suspended or terminated for serious or repeated violations.
董事会和房地产经纪人协会®不能要求e REALTORS® to pay money to parties filing ethics complaints, cannot award “punitive damages” for violations of the Code of Ethics and cannot suspend or revoke a real estate professional’s license.

What is required to file an Ethics Complaint?

Ethics complaints must be filed with the Chicago Association of REALTORS® within 180 days from the time a complainant knew (or reasonably should have known) that potentially unethical conduct took place, or within 180 days after the conclusion of the transaction or event.
Make certain to include the date when the alleged violation took place so that our Grievance Committee can determine if the request is filed on time.
Make certain to state clearly your involvement or connection to the complaint. All appropriate parties should be named.
Your complaint should include a narrative timeline of the circumstances that led you to believe the Code of Ethics may have been violated. If you have supporting evidence and documentation such as emails, text messages, advertisments, contracts, etc… you may submit those with your filing.
Your complaint must cite one or more of the Articles of the Code of Ethics, which you allege have been violated.

General instructions for filing a complaint

What happens after I file an Ethics Complaint?

After you file, the Grievance Committee will review your complaint to determine if the allegations made, if taken as true, might support a violation of the Article(s) cited in the complaint.

If the Grievance Committee dismisses your complaint, it means they don’t feel your allegations would support a hearing panel’s conclusion that the Article(s) cited in your complaint had been violated.
If the Grievance Committee forwards your complaint for hearing, that doesn’t mean they have decided the Code of Ethics has been violated. Rather, it means thatifwhat you allege in your complaint is found to have occurred by the hearing panel, that panel may have reason to find a violation of the Code of Ethics.

Please note: if your complaint is dismissed you will be given the opportunity to appeal the dismissal.

Filing an Ethics Complaint

Checklist for Filing an Ethics Complaint

Check and see if your complaint qualifies for our expedited道德规范引用Program. The citation program allows for faster discipline of unethical conduct for certain violations. Lockbox violations/unauthorized access, advertising complaints, failure to disclose REALTOR® interest in a property, are some examples of complaints that qualify for our expedited道德规范引用Program.
Verify the person(s) you are filing a complaint against is a REALTOR®. Not every licensee in the State of Illinois is a REALTOR® member. If you are uncertain if the person is a REALTOR®, feel free toemail usor call us at 312-803-4900.
Review theREALTOR® Code of Ethicsand be prepared to state which Article(s) were allegedly violated. The Code of Ethics is comprised of 17 Articles. Read each one to see which apply to your scenario. You may submit a complaint alleging violation of multiple Articles.
While not required, be prepared to upload any supporting documentation.

ClickGet Startedto begin your filing. You may save your progress at any time by clickingSave and Continue Lateron any page. You will have 30 days to complete your submission once you begin.

Before You File an Ethics Complaint

Background

Boards and Associations of REALTORS®, such as the Chicago Association of REALTORS® (CAR), are responsible for enforcing theREALTORS® Code of Ethics. The Code of Ethics imposes duties above and in addition to those imposed by law or regulation which apply only to real estate professionals who choose to become REALTORS®.

Many difficulties between real estate professionals (whether REALTORS® or not) result from misunderstanding, miscommunication, or lack of adequate communication. If you have a problem with a real estate professional, you may want to speak with them or with a principal broker in the firm. Open, constructive discussion often resolves questions or differences, eliminating the need for further action.

If, after discussing matters with your real estate professional or a principal broker in that firm, you are still not satisfied, you may want to try other dispute resolution options before filing a formal ethics complaint. In addition to processing formal ethics complaints against its REALTOR® members, the Chicago Association of REALTORS® offersinformal dispute resolution services(e.g., ombudsman, mediation, etc.). Often parties are more satisfied with informal dispute resolution processes, as they are quicker, less costly, and often help repair damaged relationships.

If, after taking these steps, you still feel you have a grievance, you may want to consider filing an ethics complaint. You will want to keep in mind that . . .

Only REALTORS® and REALTOR ASSOCIATE®s are subject to the Code of Ethics of the National Association of REALTORS®.
If the real estate professional (or their broker) you are dealing with is not a REALTOR®, your only recourse may be the state real estate licensing authority or the courts.
CAR determines whether the REALTORS® Code of Ethics has been violated, not whether the law or real estate regulations have been broken. Those decisions can only be made by the licensing authorities or the courts.
CAR can discipline REALTORS® for violating the Code of Ethics. Typical forms of discipline include attendance at courses and seminars designed to increase REALTORS®’ understanding of the ethical duties or other responsibilities of real estate professionals. Additional examples of authorized discipline are a letter of reprimand and appropriate fines. For serious or repeated violations, a REALTOR®’s membership can be suspended or terminated.CAR cannot require REALTORS® to pay money to parties filing ethics complaints; cannot award “punitive damages” for violations of the Code of Ethics; and cannot suspend or revoke a real estate professional’s license.
The primary emphasis of discipline for ethical lapses is educational, to create a heightened awareness of and appreciation for the duties the Code imposes. At the same time, more severe forms of discipline, including fines and suspension and termination of membership may be imposed for serious or repeated violations.

Filing an Ethics Complaint

CAR can provide you with information on the procedures for filing an ethics complaint. Here are some general principles to keep in mind.

Ethics complaints must be filed with CAR or another local Board or Association of REALTORS® within one hundred eighty (180) days from the time a complainant knew (or reasonably should have known) that potentially unethical conduct took place or within one hundred eighty (180) days after the conclusion of the transaction or event, whichever is later (unless the Board’s informal dispute resolution processes are invoked, in which case the filing deadline will momentarily be suspended).
The REALTORS® Code of Ethics consists of seventeen (17) Articles. The duties imposed by many of the Articles are explained and illustrated through accompanying Standards of Practice or case interpretations.
Your complaint should include a narrative description of the circumstances that lead you to believe the Code of Ethics may have been violated.
Your complaint must cite one or more of the seventeen (17) Articles of the Code of Ethics which may have been violated. Hearing Panels decide whether the Articles expressly cited in complaints were violated—not whether Standards of Practice or case interpretations were violated.
CAR's Grievance Committee may provide technical assistance in preparing a complaint in proper form and with proper content.

Before the Hearing

Your complaint will be reviewed by CAR’s Grievance Committee. Their job is to review complaints to determine if the allegations made, if taken as true, might support a violation of the Article(s) cited in the complaint.
If the Grievance Committee forwards your complaint for hearing, that does not mean they have decided the Code of Ethics has been violated. Rather, it means they feel that if what you allege in your complaint is found to have occurred by the Hearing Panel, that panel may have reason to find that a violation of the Code of Ethics occurred.
If the Grievance Committee dismisses your complaint, it does not mean they do not believe you. Rather, it means that they do not feel that your allegations would support a Hearing Panel’s conclusion that the Article(s) cited in your complaint had been violated. You may want to review your complaint to see if you cited an Article appropriate to your allegations.
If your complaint is dismissed as not requiring a hearing, you can appeal that dismissal to the Board of Directors of the Chicago Association of REALTORS®.

Preparing for the Hearing

Familiarize yourself with the hearing procedures that will be followed. In particular you will want to know about challenging potential panel members, your right to counsel, calling witnesses, and the burdens and standards of proof that apply.
Complainants have the ultimate responsibility (“burden”) of proving that the Code of Ethics has been violated. The standard of proof that must be met is “clear, strong and convincing,” defined as “. . . that measure or degree of proof which will produce a firm belief or conviction as to the allegations sought to be established.” Consistent with American jurisprudence, respondents are considered innocent unless proven to have violated the Code of Ethics.
确保你的证人和顾问将available on the day of the hearing. Continuances are a privilege—not a right.
Be sure you have all the documents and other evidence you need to present your case.
Organize your presentation in advance. Know what you are going to say and be prepared to demonstrate what happened and how you believe the Code of Ethics was violated.

At the Hearing

Appreciate that panel members are unpaid volunteers giving their time as an act of public service. Their objective is to be fair, unbiased, and impartial; to determine, based on the evidence and testimony presented to them, what actually occurred; and then to determine whether the facts as they find them support a finding that the Article(s) charged have been violated.
Hearing Panels cannot conclude that an Article of the Code has been violated unless that Article(s) is specifically cited in the complaint.
Keep your presentation concise, factual, and to the point. Your task is to demonstrate what happened (or what should have happened but did not), and how the facts support a violation of the Article(s) charged in the complaint.
Hearing Panels base their decisions on the evidence and testimony presented during the hearing. If you have information relevant to the issue(s) under consideration, be sure to bring it up during your presentation.
认识到,不同的人可以见证same event and have differing recollections about what they saw. The fact that a respondent or their witness recalls things differently does not mean they are not telling the truth as they recall events. It is up to the Hearing Panel, in the findings of fact that will be part of their decision, to determine what actually happened.
The Hearing Panel will pay careful attention to what you say and how you say it. An implausible account does not become more believable through repetition or through volume.
You are involved in an adversarial process that is, to some degree, unavoidably confrontational. Many violations of the Code of Ethics result from misunderstanding or lack of awareness of ethical duties by otherwise well-meaning, responsible real estate professionals. An ethics complaint has potential to be viewed as an attack on a respondent’s integrity and professionalism. For the enforcement process to function properly, it is imperative for all parties, witnesses, and panel members to maintain appropriate decorum.

After the Hearing

When you receive the Hearing Panel’s decision, review it carefully.
Findings of fact are the conclusions of impartial panel members based on their reasoned assessment of all of the evidence and testimony presented during the hearing. Findings of fact are not appealable.
If you believe the hearing process was seriously flawed to the extent you were denied a full and fair hearing, there are appellate procedures that can be invoked. The fact that a Hearing Panel found no violation is not appealable.
Refer to the procedures used by CAR for detailed information on the bases and time limits for appealing decisions.

Appeals brought by ethics respondents must be based on:
(a) a perceived misapplication or misinterpretation of one or more Articles of the Code of Ethics,
(b) a procedural deficiency or failure of due process, or
(c) the nature or gravity of the discipline proposed by the Hearing Panel.

上诉带来的伦理起诉方是有限的to procedural deficiencies or failure of due process that may have prevented a full and fair hearing.

Conclusion

Many ethics complaints result from misunderstanding or a failure in communication. Before filing an ethics complaint, make reasonable efforts to communicate with your real estate professional or a principal broker in the firm. If these efforts are not fruitful, CAR can share options for dispute resolution, including the procedures and forms necessary to file an ethics complaint.

信访人的信息

The complainant is the person filing the complaint. The complainant must be a person, it cannot be a company and it cannot be anonymous. Multiple complainants can be part of a complaint, if applicable.

Are you a REALTOR®?(Required)

Yes

Complainant(Required)

Name of Person Filing Complaint
Complainant 1

First Last

Brokerage Name(Required)

Complainant 1

Complainant Address(Required)

Complainant 1

Street Address City State ZIP Code

Complainant Phone(Required)

Complainant 1

Complainant Email(Required)

Complainant 1
This email address will receive a confirmation of the complaint.
Please note that all communication pertaining to this complaint will be sent to the email address you provide here. You are solely responsible for ensuring such emails are not blocked and/or that your spam filters are properly configured to receive emails from email domain @www.rayanvaish.com

Enter Email Confirm Email

Would you like to add an additional Complainant?(Required)

Yes

Is the additional Complainant 2 a REALTOR®?(Required)

Yes

Additional Complainant 2(Required)

Complainant 2

First Last

Brokerage Name - Complainant 2(Required)

Complainant 2

Address - Complainant 2(Required)

Complainant 2

Street Address City State ZIP Code

Phone - Complainant 2(Required)

Complainant 2

Email - Complainant 2(Required)

Complainant 2
Please note that all communication pertaining to this complaint will be sent to the email address you provide here. You are solely responsible for ensuring such emails are not blocked and/or that your spam filters are properly configured to receive emails from email domain @www.rayanvaish.com

Respondent Information

The respondent is the REALTOR® member(s) who you are filing the complaint against. You may name multiple REALTOR® members if applicable.

Please enter all information known to the best of your ability.

Respondent(Required)

REALTOR® you are filing this complaint against

First Last

Respondent Brokerage(Required)

Respondent 1

Respondent Address

If known

Street Address City State ZIP Code

Respondent Phone

If known

Respondent Email

If known

Would you like to add an additional Respondent?(Required)

Would you like to include an additional REALTOR® in your complaint?

Yes

Additional Respondent 2(Required)

First Last

Brokerage Name - Respondent 2(Required)

Address - Respondent 2

If known

Street Address City State ZIP Code

Phone - Respondent 2

If known

Email - Respondent 2

If known

Would you like to add another Respondent?(Required)

Yes

Additional Respondent 3(Required)

First Last

Brokerage Name - Respondent 3(Required)

Address - Respondent 3

If known

Street Address City State ZIP Code

Phone - Respondent 3

If known

Email - Respondent 3

If known

Required Questions

Date(s) alleged violation(s) took place:(Required)

Date(s) you became aware of the facts on which the alleged violation(s) is/are based:(Required)

Are the circumstances giving rise to this ethics complaint involved in civil or criminal litigation OR in any proceeding before the state real estate licensing authority (IDFPR) OR any other state or federal regulatory or administrative agency?(Required)

Yes

Additional Details(Required)

Provide additional information on the litigation or additional agencies involved.

Have you filed a similar or related complaint regarding this incident with another REALTOR® Association?(Required)

You may file an ethics complaint in any jurisdiction where a REALTOR® is a member or MLS participant. Note that the REALTORS® Code of Ethics, Standard of Practice 14-1 provides, in relevant part, “REALTORS® shall not be subject to disciplinary proceeding in more than one Board of REALTORS® . . . with respect to alleged violations of the Code of Ethics relating to the same transaction or event.”

Yes

Name of other REALTOR® Association where this was filed(Required)

Date Filed with other REALTOR® Association(Required)

Before you submit your complaint, please read the following:

Your complaint will be reviewed by CAR's Grievance Committee at their next scheduled meeting. The Grievance Committee meets once per month. Their job is to review complaints to determine if the allegations made, if taken as true, might support a violation of the Article(s) cited in the complaint.
If the Grievance Committee forwards your complaint for hearing, that does not mean they have decided the Code of Ethics has been violated. Rather, it means they feel that if what you allege in your complaint is found to have occurred by the Hearing Panel, that panel may have reason to find that a violation of the Code of Ethics occurred.
If the Grievance Committee dismisses your complaint, it does not mean they do not believe you. Rather, it means that they do not feel that your allegations would support a Hearing Panel’s conclusion that the Article(s) cited in your complaint had been violated. You may want to review your complaint to see if you cited an Article appropriate to your allegations.
If your complaint is dismissed as not requiring a hearing, you have 20 days to appeal that dismissal to the Board of Directors of the Chicago Association of REALTORS®.

Electronic Signature(Required)

By typing your name below, you are signing this document electronically. You agree that your electronic signature is the legal equivalent of your manual signature on this document.

First Last

CAPTCHA