|
PPAR Member's Web
Site |
|
Web Site Menu: |
|
|
 |
|
|
|
|
|
|
Chair Person and
Staff Contact
Information |
Professional
Standards
Coordinator
Lori VanDerWege
719-487-6100 |
Professional
Standards Staff
Contact
Linda Littlefield
719-633-7718 x 110 |
|
Code of Ethics |
The REALTOR®
Code of Ethics is
the result of a
vision by those who
believed in real
estate as a
profession. It is
far more than just a
set of rules that
members of the
National Association
of REALTORS® (NAR)
(through membership
in a local
Association of
REALTORS®, such as
the Pikes Peak
Association of
REALTORS® (PPAR)
have voluntarily
agreed to in the
conduct of their
business. It is a
“living” document
which changes to
remain relevant to a
changing industry,
without losing its
lofty goals, or
compromising the
standards of conduct
of members.
The
Preamble of the Code
sets out goals of
seeking the highest
and best economic
use of the land,
protection of
private property
rights to citizens,
and preservation of
the free enterprise
system. The ode
recognized that the
right of private
ownership and use of
real property is
essential to a
prosperous and free
country.
Undergirding all is
the premise that
members will abide
by the highest
levels of
professionalism,
honesty, and
integrity in the
delivery of their
services to the
public.
The Code guides
professional conduct
to a higher level
than is required by
State law, but it is
a realistic standard
that can be achieved
by those who desire
true
professionalism.
This is one of the
primary reasons why
real estate
licensees join the
REALTOR®
organization, and
one of the big
reasons why the
public is typically
better served by a
REALTOR® than by a
real estate licensee
who is not a member.
All
REALTORS® pledge to
abide by a strict
code of professional
conduct.
This
conduct is outlined
in the NAR's Code of
Ethics. |
|
Enforcement of Code
of Ethics |
The public
has a right to
expect competent and
professional real
estate service,
delivered in
accordance with the
Code of Ethics.
Likewise, fellow
REALTORS® have a
right to expect that
their peers will
abide by the Code.
However, it
sometimes happens
that those
expectations are not
met, and aggrieved
parties may wish to
seek a review of the
conduct of a member
whom they feel has
failed to meet the
Code. PPAR
encourages members
of both the public
and PPAR to file a
complaint when they
feel the Code may
have been violated.
If a member is not
living up to the
Code, PPAR needs to
know so that we may
educate the
offender, and ensure
more professional
conduct in the
future.
The REALTOR®
organization has
explicit procedures
for processing
ethics complaints,
which ensure due
process, including
the right to a full
and fair hearing by
a panel of the
member’s peers, the
right to present
evidence and
testimony, the right
to cross-examine the
other party and
his/her witnesses,
and the right to
appeal the decision
of the hearing
tribunal under
certain
circumstances.
Enforcement begins
with the receipt of
a written complaint;
oral complaints
cannot be processed.
The complaint must
be against a person
who is currently a
member of PPAR. A
call to PPAR at
719.633.7718 can
verify the status of
membership, or you
may look up a member
online by clicking
REALTORS® at the top
of the PPAR home
page,
www.ppar.com.
The
complaint must
allege a violation
of one or more of
the Articles of the
Code, and should be
supported by a brief
narrative of the
facts involved, as
well as copies of
supporting documents
which the
Complainant intends
to present as
evidence. Violations
of particular
Standards of
Practice (listed
under each Article
in the Code) may be
cited in support of
the Complainant’s
allegation, but only
Articles should be
alleged to have been
violated. PPAR can
provide procedural
help if the parties
request it. To
download or print
out the ethics
complaint form and
instructions, please
click here:
Ethics
Complaint Form or
Instructions.
The
written complaint
goes to the
Grievance Committee,
which asks, “If the
allegations stated
in the complaint
were true, would
they constitute a
violation of the
Code of Ethics?” If
the answer is yes,
the matter is
forwarded for a
hearing. If not, the
complaint will be
dismissed. It should
be understood that
some behaviors,
while irritating or
annoying, do not
rise to the level of
a violation of the
Code. If the matter
is forwarded for a
hearing, the
Respondent will be
asked to file a
response.
If the
matter is set for
hearing, the parties
will be notified
well in advance of
the date and
procedures to be
followed. The
parties may elect to
be represented by
counsel, but need to
let the other party
know if they intend
to do so. The
parties will also
need to disclose the
names of their
prospective
witnesses, even if
they don’t call them
at the hearing.
The
hearing is conducted
in privacy, and
remains confidential
in most cases. A
panel of 3-5
experienced
REALTORS® will
conduct a
mini-trial, hear the
evidence and
testimony and render
a decision as to the
guilt or innocence
of the Respondent.
The Complainant must
prove the
Respondent’s
violation by clear
and convincing
evidence. If found
guilty, sanctions
imposed may include
reprimand, mandatory
education, fines up
to $2,500.00,
probation, and in
some cases,
suspension or
revocation of
membership. The
Association does not
have the authority
to revoke or suspend
a real estate
license; that right
lies solely with the
Colorado Real
Estate. Also, the
Association cannot
compel payment of
money from the
Respondent to the
Complainant; that
requires litigation
or arbitration.
Either party may
appeal the decision
to the PPAR Board of
Directors under
certain
circumstances.
|
|
Arbitration /
Mediation of
Disputes |
Where
the Code of Ethics
deals only with
behavior,
arbitration deals
only with monetary
disputes.
Arbitration provides
the parties with a
faster and less
expensive
alternative to
litigation, with an
experienced panel of
real estate
professionals
judging the outcome.
The same set of
facts may give rise
to requests for both
ethics and
arbitration
enforcement actions,
in which case the
arbitration hearing
will be held first.
Members of the
REALTOR®
organization must
settle their
monetary disputes
through arbitration
in most cases.
Members of the
public who have a
monetary dispute may
be able to resolve
their dispute in
this venue, but
their participation
is always voluntary.
If, however, a
nonmember does
choose to arbitrate
through the REALTOR®
organization, they
must agree to be
bound by the
decision of the
hearing panel.
The
REALTOR®
organization has
explicit procedures
for processing
arbitration
complaints, which
ensure due process,
including the right
to a full and fair
hearing by a panel
of the member’s
peers, the right to
present evidence and
testimony, the right
to cross-examine the
other party and
his/her witnesses,
and the right to
appeal if due
process is not
provided.
Arbitration begins
with the receipt of
a written complaint,
together with a
$400.00 filing fee.
Oral complaints
cannot be processed.
The complaint must
be made by an
employing member
broker (or a member
of the public, or a
non-member employing
broker) against
another employing
member broker. The
employing broker of
a firm may be found
by calling PPAR at
719.633.7718. When
the Association
receives the request
for arbitration, it
will notify the
Respondent, who must
file a response,
together with a
$400.00 filing fee.
To download or print
out the arbitration
complaint form,
instructions for the
complaint form or a
list of mediators,
please click here:
Arbitration
Complaint Form or
Instructions or
Mediators.
Both the
complaint and
response should
include a brief
narrative of the
facts involved, as
well as copies of
supporting documents
which the parties
intend to present as
evidence. The
complaint and
response go to the
Grievance Committee,
which must answer a
series of questions
to ensure that the
matter is properly arbitrable at the
Association. If the
answer is yes, it
will be set for a
hearing. If not, the
parties must seek
another solution. If
the matter is set
for hearing, the
parties will be
notified well in
advance of the date
and procedures to be
followed. The
parties may elect to
be represented by
counsel, but need to
let the other party
know if they intend
to do so. The
parties will also
need to disclose the
names of their
prospective
witnesses, even if
they don’t call them
at the hearing.
Once
the matter has been
determined to be arbitrable, PPAR
will offer the
parties the
opportunity to
mediate their
dispute at no
charge. Mediation is
a process whereby a
neutral, trained
mediator facilitates
discussion and helps
the parties
negotiate and create
options for
settlement.
Mediation is
voluntary, and is
very effective in
conflict resolution.
It is also much more
satisfying to
parties than
arbitration or
litigation because
they craft their own
solution (win-win),
rather than live
with the one imposed
on them by an
arbitration hearing
panel (win-lose). If
the parties arrive
at a solution they
can live with, the
mediator will reduce
that agreement to
writing, and the
matter is concluded
without a hearing.
The Association will
refund $300.00 of
the parties’ filing
fees if the parties
settle in mediation.
If
the parties do not
reach a settlement
in mediation, the
arbitration hearing
will be conducted in
privacy, and remains
confidential in most
cases. A panel of
3-5 experienced
REALTORS® will
conduct a
mini-trial, hear the
evidence and
testimony and render
a decision as to
disposition of the
money involved. The
winner must prove
his/her position by
a preponderance of
the evidence. The
Association cannot
award more than the
amount in dispute,
may not award
punitive damages,
and most cases
cannot award
attorney fees or
interest. Either
party may appeal the
decision to the
Board of Directors
of the Association
if they believe that
due process was not
provided. The
decision of the
Board of Directors
is considered final. |
|
|
|
|
|
|