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Ethics Complaint Process

To file an Ethics Complaint with the Elkhart County Board of REALTORS®, please complete Form E-1. To help determine if this process would be appropriate for your situation, please read through the Code of Ethics completely. If you wish to proceed, follow the instructions listed below:

Please note the complaint must be filed within one hundred eighty (180) days after the facts constituting the matter complained of could have been known in the exercise of reasonable diligence.

1. Fill out and sign the Complaint form completely. In the section labeled "Respondent," please list the name of the individual(s) you are filing against.
2. In article specific form, submit a brief letter outlining the events or behavior that occurred. An article specific letter is one that lists the Article and immediately following, the events that happened relating to the article. If more than one article applies, list the next Article and describe the events that happened relating to that article until all articles have been named.
3. Submit all the paperwork or documentation necessary to support the complaint.
4. Keep copies for your records and mail the complaint to the Board Office.

Please be advised a copy of your complaint and documentation will be sent to the Respondent with a letter asking for a response. Both the complaint and response will be sent to the Grievance Committee. The Grievance Committee will make a preliminary evaluation to determine if the complaint fits the criteria to schedule a hearing. Neither the Complainant nor Respondent is entitled to attend this meeting.

If a hearing is warranted, both the Complainant and Respondent will be notified and become involved in the process. The Board's authority is limited to the sanctions established by the National Association of Realtors. The Board does not have authority to award monies to either party nor do they have the authority to order the parties to take specific action to remedy the situation. The sanctions available range from a letter of warning to membership suspension. The sanctions are designed to educate members about their professional obligations and serve as a meaningful deterrent to future violations.

Arbitration Request Process

To file a Request for Arbitration with the Elkhart County Board of REALTORS®, please complete Form A-1. Please be aware that arbitration is between Principal Brokers of a firm only. REALTOR® non-principals who invoke arbitration through their Principal Broker or who are affiliated with a respondent and have a vested financial interest in the outcome, have the right to be present through out the proceedings and to participate but are not considered to be parties.

Before filing for Arbitration, please refer to Article 17 of the REALTORS® Code of Ethics (below) that addresses the issue of arbitration.

To file for Arbitration, submit the completed Form A-1, a letter explaining the situation and a $250.00 filing fee made out to ECBOR. Also enclose any documentation that supports the claim.

In the event of contractual disputes or specific non-contractual disputes as defined in Standard of Practice 17-4 between REALTORS® (principals) associated with different firms, arising out of their relationship as REALTORS®, the REALTORS® shall submit the dispute to arbitration in accordance with the regulations of their Board or Boards rather than litigate the matter.

In the event clients of REALTORS® wish to arbitrate contractual disputes arising out of real estate transactions, REALTORS® shall arbitrate those disputes in accordance with the regulations of their Board, provided the clients agree to be bound by the decision.

The obligation to participate in arbitration contemplated by this Article includes the obligation of REALTORS® (principals) to cause their firms to arbitrate and be bound by any award. (Amended 1/01)