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Ethics complaint process-final

PROFESSIONAL STANDARDS and ETHICS

The professional standard which sets REALTORS® apart from other real estate professionals is their acceptance and adherence to the National Association of REALTORS® Code of Ethics. Created in 1913, the Code has been updated many times through the years to reflect current developments in our profession. Even with the best of efforts, occasional disagreements arise between REALTORS® and/or their peers and clients.

The Professional Standards Enforcement Committee, along with the Grievance and Pro Standards panelists, are charged with the responsibility for the enforcement of the National Association of REALTORS® Code of Ethics. Ohio REALTORS® Professional Standards Statewide Program has several programs in place to assist you in resolving ethics or arbitration issues, by quickly and economically settling these disputes without going to court. NAR also provides information and resources on Professional Standards and Code of Ethics.

FILING A COMPLAINT: Read This Before You File

Our Process

1. Observation of Experience – Someone experiences conduct by a REALTOR® they believe violates the NAR Code of Ethics.

2. Filing a Grievance – That person then files an ethics complaint to the REALTOR® association.

3. Review and Evaluation – The complaint is reviewed by the association’s Grievance Review Panel and evaluated to determine whether a full hearing is needed or if it can be solved through mediation or arbitration.

4. Hearing – If the complaint is forwarded by the Grievance Review Panel, a hearing is held in front of a selection of panelists.

5. Determination and Action – After a full hearing process, the panel determines whether there has been a violation and of so, what the appropriate disciplinary action will be.


Disciplinary Ethics Complaints

Our Professional Standards Committee is responsible for enforcing NAR’s Code of Ethics and membership responsibilities. There are two different types of complaints for alleged violations of these standards. The Ethics Complaint (See Below) which involves a hearing with a panel of trained Professional Standards members and each party has a chance to present evidence ask and answer questions. The Citation Program (See Below) is limited to specific Articles.

1. Ethics Complaint

Ethics Complaints are alleged violations of the Code of Ethics and Membership Rules.

2. Citation Program

The Professional Standards Committee with the approval of the Board of Directors implemented a schedule of fines for certain Code of Ethics violations effective January 2024. A REALTOR® receiving a citation may either (1) pay the amount specified on the citation; (2) complete specified training when applies; or (3) request a full hearing.

ETHICS COMPLAINTS PROCESS

The following instructions will assist you in filing a Disciplinary Complaint.

Step 1 – Review The Rules

Review the NAR’s Code Of Ethics to decide if a violation has occurred.

Step 2 – Complete the online Ethics Complaint Submission Form

Ethics Complaint Form

Step 3 – Fill In Your Name

Write in your name as the complainant. Anonymous complaints are not allowed.

Step 4 – Name The Respondent

Fill in the name(s) of the “Respondent” (the person(s) against whom the complaint is made. This MAY include the name of the Responsible Broker or Participant for an alleged violation of the Code of Ethics).

Step 5 – Identify The Violation

Specify which violation(s) that you are citing by checking the Code of Ethics Article(s).

Step 6 – Attach Support Documents

Attach a typed statement of the facts and circumstances that support your allegations. This statement will be marked “Exhibit 1”. You may also attach other supporting documents to your statement.

Step 7 – Complete The Form

Answer the remaining questions on the form.

Step 8 – File The Complaint

There is no fee for filing an ethics or grievance complaint. If a hearing panel determines a violation has occurred, the Respondent(s) will be assessed a $300 administrative fee.


Ohio REALTORS® Legal Hotline

The Ohio REALTORS’ Legal Assistance Hotline provides general legal information on a variety of real estate topics, including Ohio license law, agency, commission issues, contract questions, earnest money, and disclosure.

The Legal Hotline is available to the designated REALTOR (DR) and principal broker(s) (BRKP) of each brokerage, and managers (BRKM, SALM) they designate may have access to the Hotline. The principal broker can also request that ONE non-management licensee (BRKA, SAL) be authorized to use the Hotline. Local Board Presidents and executive officers may also use the Hotline as well.

The Hotline accepts call from 9 a.m. – noon and 1:30-4:00 p.m., Monday through Friday, excluding holidays. Calls are generally answered on the day they are received.


Additional Professional Standards Information

REALTOR® associations are responsible for enforcing NAR’s Code of Ethics through their Professional Standards Committees. These committees may also enforce Membership responsibilities.

  • The main difference between ethics and arbitration complaints is REALTORS® can only receive disciplinary verdicts in ethics complaints. Verdicts in Arbitration Complaints can include disciplinary and monetary judgments.
  • Only REALTORS® are subject to NAR’s Code of Ethics.
  • REALTOR® associations can only determine whether NAR’s Code of Ethics have been violated. State licensing authorities and courts make the decisions on whether the law or regulations have been broken.
  • REALTOR® associations can discipline REALTORS® for violating NAR’s Code of Ethics and other membership responsibilities.
  • The typical forms of discipline include required attendance at courses and seminars designed to increase REALTORS® understanding of the ethical duties or other responsibilities of real estate professionals. Verdicts can also include reprimands and fines, as well as suspension or termination for serious or repeat violations.
  • REALTOR® associations cannot require members to pay money to the parties filing ethics complaints, award “punitive damages” for violations, or suspend /revoke a real estate professional’s license.

If you have questions about filing a Code of Ethics complaint, please contact Cara Budde, RCE at . If the real estate licensee you are dealing with is not a REALTOR, your options will include contacting the Ohio Division of Real Estate & Professional Licensing. Once an ethics complaint is filed, it goes through a review process with representatives from across the state.

Note: Complaints and/or commission disputes involving REALTORS from the Akron Cleveland Association must be filed with their respective local association. Complaints filed with Ohio REALTORS involving their members will be forwarded to the appropriate association which may cause delays.

CONTACT THE BROKER

Contact the person's broker to inform him/her what happened. It could be a quick resolution.  

Find Broker's Contact Information

 

USE THE OMBUDSMAN PROGRAM

A volunteer from the Ohio REALTORS Professional Standards Committee will listen to your concerns, explain possible resolutions and answer questions.

Request an Ombudsman

FILE AN ETHICS COMPLAINT

If contacting the broker and talking to an Ombudsman don't resolve the problem, you can file a formal complaint.

File an ethics complaint

CLICK HERE FOR COMMISSION DISPUTE RESOLUTION INFORMATION

This process is used when you believe you are owed the commission on a closed transaction.

Click here for additional resources from NAR