Vol.III, No.3
www.renewssource.com
February 1, 2017
What Would Be The Best Option For You? By Pat Farrell
PRSRT STD U.S. Postage PAID San Antonio, Texas Paid Permit #1590
The real estate business can be very rewarding but at times can also be very stressful or frustrating as one tries to move a property through the steps of getting it listed, handling one’s own showings or accommodating those of other buyer agents, negotiating each offer until finally one is accepted and then babysitting the transaction through all the steps to a successful closure and funding. Along the way there is always the potential that one or more of the REALTOR® participants in the process may not always handle their part of the business in a manner that everyone determines to be the best way to “behave.” When agents apply for membership in a local Board or Association of REALTORS® they learn that as REALTORS® there is a Code of Ethics they must follow if they want to avoid problems
in their business. There is little that is more unnerving to a REALTOR® than to receive notice that a complaint has been filed against them, or, if they are the Broker of record, against one of their agents. Anyone can file a complaint against a REALTOR® whether it happens to be another REALTOR®, the seller of a home that one has either listed or is perhaps in some way connected to the prospective buyers or is the actual buyer. We must not forget that the “anyone” might also include the next door neighbor or the one several doors down the street who has decided that whatever an agent is doing, they do not consider it to be the proper way an agent should “behave.” By the time one actually learns that a complaint has been filed against them, many things may have already have taken place. For example, most complainants, especially if they are members of the public, will logically start by calling the local Association to express their displeasure, but they will be redirected to the Board Services department at the Texas Association of REALTORS® (T.A.R.) where all complaints are now being processed. At T.A.R. the complainant may first be offered the services of an Ombudsman to see if they can help to resolve the problem before a complaint requires a more involved process. Simply put an Ombudsman is someone who attempts to assist complainants and respondents (members of the public or other REALTORS®) attain a mutually agreeable resolution regardless of what the dispute is about. Ombudsmen are essentially informal "Mediators" who communicate with the parties via telephone, contacting the complaining party first to determine the nature of the problem
and how that party would like to see it resolved. After that, provided the complainant agrees, the Ombudsman will share this grievance with the respondent to see if there may be a simple solution to the problem, or if not, will act as a go-between until either the parties come to a resolution or determine they cannot agree, and at that point the complainant still has the option to seek other avenues. Often complaints may not actually address code violations but rather behaviors (or lack thereof) which cause the complainant to feel frustration, i.e. "I need to discuss a problem but my REALTOR® will not return my calls." or "My neighbor tells me my property manager is not taking proper care of my yard." The main culprit in most of these cases is poor communication which is where the Ombudsman, as a go-between, can really be of assistance. Members of the T.A.R. Professional Standards Committee who wish to serve in this capacity receive specialized training, and they understand that, as in all Professional Standards situations, confidentiality is of prime importance and also learn they must be impartial in this role to avoid trying to determine right or wrong. It is easy to see that an Ombudsman could help keep a "molehill" from becoming a "mountain." But if the complainant does not choose the services of the Ombudsman, or if they did and it was unsuccessful, there is another more formal process known as Mediation that could be attempted. When the National Association of REALTORS® first introduced Mediation it was available only for arbitration disputes (as in who is entitled to the money) but has since been successfully extended to include ethics complaints. Mediators receive extensive
training to serve in this capacity and some of T.A.R.'s current Mediators have been providing this service for 20 or more years. Critical to the Mediation process, as it sets the tone, is the information the Mediator provides to the parties at the beginning of the session where it is explained that while Mediation is entirely voluntary and may be terminated by either party at any time, that once an agreement is reached and reduced to writing, the agreement will be binding on both parties. To keep the focus on the issue(s) at hand and to preserve the natural flow of information, the Mediator will request that all cell phones and/or any other distracting devices be turned off and will note that no one, including the Mediator, may record the proceedings as any information obtained during the session is confidential and cannot be used as evidence at a subsequent hearing should there not be a resolution during Mediation. It is important for the Mediator to ascertain that all parties, in the interest of reaching an amicable agreement, may actually be willing to reconsider their current position, and agree to devote the time necessary to complete the process, no matter how long it may take. The respondent should be advised that should an agreement be reached, but they fail to comply, the complainant may continue to pursue a formal hearing. Should the matter be a money dispute and the party that agreed to pay money does not perform, the other party has the right to pursue the matter in a court of law. And, though the parties have the right to have an attorney present, it is neither encouraged nor necessary as it is the parties themselves who will ultimately make their own decisions. Once all parties have been intro-