Introduction
The term REALTOR® is a registered collective membership mark that identifies a real estate professional who is a member of the NATIONAL ASSOCIATION OF REALTORS® and subscribes to its strict Code of Ethics. It is this single, most outstanding characteristic that sets REALTORS® apart from other real estate practitioners -- the willingness to accept and abide by the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS®.

The Code of Ethics, which was first adopted on July 29, 1913, is a living document, responsive in its content to changes in the law and industry. The Code had been revised several times through the years to reflect current developments in professional real estate practice. The term REALTOR® has come to represent competency, fairness and high integrity.

But even with the best of intentions, planning and preparation, occasionally disagreements arise between REALTORS® or between REALTORS® and their clients or customers. As civil litigation becomes increasingly costly, time consuming and burdensome, there has been a trend among private parties to settle disputes and conflicting claims through alternative means.

RANW offers its members and their clients and customers a vehicle to economically expedite Ethics complaints and/or Arbitration requests without going to court. If a monetary dispute arises from a real estate transaction (Arbitration) or if you believe a REALTOR® may have acted in an unethical manner (Ethics), you can seek a resolution through RANW's Professional Standards Process. Ethics complaints that are brought before the Association give those parties involved an opportunity to be educated about the Code. In addition, REALTORS® are judged by their peers as opposed to other individuals who may be far less familiar with the practices and customs of the real estate industry.

We have included general information on the Association's Professional Standards process, including how to file a complaint and the forms necessary to file an Ethics Complaint, a Request for Arbitration and a Request for Mediation.

We need to note that the Association cannot process complaints against members for violations of the Wisconsin real estate license law or any other alleged violation of the law, nor can we suspend or terminate a person's real estate license. Our jurisdiction covers violations of membership duties only and complaints involving real estate law are beyond our enforcement capabilities. Enforcement of the state's license law is governed by the Wisconsin Department of Regulation and Licensing (DRL), the government agency that controls an individual's license to sell real estate or appraise real property. If you think an agent, broker, or appraiser has violated license law, you can contact the DRL at 608.266.3736 or visit the DRL website.

Professional Standards Process
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®. Associations of REALTORS® are responsible for enforcing the REALTORS® Code of Ethics.

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 company, you are still not satisfied, you may contact the REALTORS® Association of Northeast Wisconsin for information on filing a complaint, keeping these points in mind……….

	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 Wisconsin Department of Regulation and Licensing, or the courts.
	The REALTORS® Association determines only whether the 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.
	The REALTORS® Association cannot suspend or terminate a person's real estate license. Only the Department of Regulation and Licensing has the enforcement authority granted them by the State of Wisconsin to do that.
	Boards of REALTORS® 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. REALTORS® may also be reprimanded, fined, or their membership can be suspended or terminated for serious or repeated violations. Boards and associations of REALTORS® 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.
	The Association's Professional Standards Committee is responsible for handling Ethics complaints and Arbitration requests. The committee is made up of REALTOR® members who have been appointed to serve on this committee based on their experience, training and objectivity.

Filing Ethics Complaints
	Anyone may file an Ethics complaint whether you are a member or not. Be sure, however, that the person you are filing the complaint about IS a REALTOR®, and a member of the REALTORS® Association of Northeast Wisconsin.
	Determine whether your complaint concerns an Ethics matter or an Arbitration of a dispute.
	An Ethics Complaint charges that a REALTOR® violated an Article(s) of the Code of Ethics. Arbitration provides a means for resolving a monetary dispute arising out of a real estate transaction that parties have been unable to resolve themselves.
	An Arbitration request often involves one member in disagreement with another member, usually over a commission or contractual dispute. Sometimes Arbitration concerns a dispute between a customer or client and an Association member. The procedures for Arbitration follow this section.
	If your situation concerns both Ethics and Arbitration, the Association will handle the Arbitration portion separately. The Association will consider the Ethics complaint only after it has completed the Arbitration. The Association always holds the Arbitration first. Ethics complaints must be filed with the REALTORS® Association within one hundred eighty (180) days from the time a complainant knew (or reasonably could have known in the exercise of reasonable due diligence) that potentially unethical conduct took place. 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 can specifically cite one or more of these Articles of the Code of Ethics which you believe have been violated, or you may leave the naming of the Articles to the Review Committee. In either case, only an Article, not a Standard of Practice, are cited. Hearing panels decide whether the Articles expressly cited in complaints were violated - not whether Standards of Practice or case interpretations were violated.
	RANW's Review Committee may provide technical assistance in preparing a complaint in proper form and with proper content, especially for members of the public.

How To File an Ethics Complaint
1.	Complete and sign the Ethics Complaint form E-1. This form asks you to name the REALTOR(s)® in question as the Respondent(s). Consider also whether you are willing to Mediate your complaint (see next Section).
2.	You will be provided with a copy of the Code of Ethics. You may list the Article(s) of the Code that you think the REALTOR(s)® violated, but you are not required to. You may leave the naming of the Article to the Review Committee.
3.	Attach copies of any and all pertinent documents such as listing agreements, purchase and sales agreements, addenda, etc. that will help support your complaint.
4.	If you wish to include statements from persons who wouldn't be at a hearing, should one be recommended, have them make their statements on a Witness Affidavit form, and have it notarized. Then include the Affidavits as well.
5.	Send the entire package, keeping a copy for yourself, to the REALTORS® Association of Northeast Wisconsin; PO Box 2637; Appleton WI 54912-2637.

Mediation of Ethics
Mediation, sometimes called Settlement, is an optional step in the Ethics complaint process. It is a much less formal process than an Ethics hearing. The objectives of Mediation are to resolve controversies by promoting friendly, amicable resolutions; enhancing the continued business relationship of the parties, and educating the parties as to the obligations under the Code of Ethics.

Participation in Mediation is voluntary on the part of each party. Consider the benefits of Mediation by reviewing the What is a Mediation Conference summary. If you are willing to mediate the dispute, indicate so on the Ethics Complaint Form and/or the Mediation Request Form (Ethics) along with your complaint, and the Professional Standards Administrator will inquire of the other party as to whether they would be willing to participate in Mediation. If all parties agree, the matter will be referred to a Mediation Officer. A mutually convenient time and location for the Mediation will be arranged with the parties.
The Mediation Officer has no authoritative decision-making power. The role of the Mediation Officer is to assist the parties in voluntarily reaching their own mutually acceptable settlement of the issues in dispute.

In the event the parties reach a mutually agreeable resolution, a written agreement shall be prepared by the Mediation Officer and signed by the parties. In the event the Mediation is unsuccessful, the matter will be reviewed by the Review Panel for consideration as to whether it should proceed to an Ethics Hearing.

Review Panel
Your complaint is first reviewed by the Professional Standards Administrator, a member of the RANW staff, who is also available throughout the process to assist you. The Administrator will refer your complaint to a Review Panel made up of three members of the Association's Professional Standards Committee, who will review your written complaint. Based on an assumption that your complaint is true, the Panel will determine if the allegations could possibly constitute a violation of the Code of Ethics and therefore warrant further consideration by a Hearing Panel. The Review Panel does not determine guilt or innocence. After reviewing your complaint, the Review Panel has several options. They can:

If the Review Committee dismisses your complaint, it does not mean they don't 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 were violated, or that the complaint wasn't filed in compliance with required procedures. If the Panel dismisses your complaint, you have the right to appeal the dismissal to the RANW Board of Directors. In the case of an appeal, the Directors review only the materials submitted to the Review Panel. The Directors can then either uphold or overturn the Review Panel's decision. If the complaint merits further consideration, it will be sent to an Ethics Hearing Panel for a hearing.

By the same token, if the Review 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.

Ethics Hearing
If a Review Panel refers your Ethics complaint to a hearing, you will be notified of the hearing date, time and place. The Association will also give you instructions about hearing procedures prior to the hearing.

An Ethics hearing provides an opportunity for the Complainant and the Respondent to explain "his or her side of the story" by presenting testimony, evidence and witnesses, if any. Once all the facts have been presented, an Ethics Hearing Panel, consisting of 3 or 5 members of the Professional Standards Committee, will determine whether the Code of Ethics has been violated. If a panel determines that the Code has been violated, it can recommend to the Board of Directors that disciplinary action be taken. The Association can use one or more of the following ways to discipline a member:

	Letter of Warning with a copy to be placed in the member's file for a specified period of time;
	Letter of Reprimand with a copy to be placed in the member's file for a specified period of time;
	Requirement that the member attend the Ethics portion of the Association Indoctrination Course or other appropriate course or seminar specified by the Hearing Panel which the member could reasonably attend taking into consideration cost, location and duration;
	Appropriate and reasonable fine not to exceed $2,500;
	Member placed on probation for a stated period of time not less than thirty (30) days nor more than one (1) year;
	Membership suspended for a stated period of time not less than thirty (30) days nor more than one (1) year, with automatic reinstatement of membership in good standing at the end of the specified period of suspension;
	Expulsion from membership with no reinstatement privilege for a specified period of one (1) to three (3) years, with reinstatement of membership to be by application only after the specified period of expulsion, on the merits of the application at the time received;
	Suspension or termination of MLS rights and privileges may also be utilized. Suspension of MLS services may be no less than thirty (30) days nor more than one (1) year; termination of MLS services shall be for a stated period of one (1) to three (3) years;
	An administrative processing fee of $250 may be assessed against Respondents found in violation of the Code of Ethics. This fee is in addition to and not part of any sanction that may be imposed.
	At the option of the Board of Directors, an assessment in lieu of suspension, with the assessment not to exceed $2,500 may be offered. This option may be utilized only once in any three-year period.
	An Ethics proceeding may not award monetary damages.

The Association will inform you about each step of this process as it occurs, and the Administrator is available to answer your questions. If you have questions relating to filing an Ethics complaint, please call the REALTORS® Association of Northeast Wisconsin at 920.739.9108.

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 (a REALTOR and/or attorney), 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.
	Be sure that your witnesses and counsel will be 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 didn't), 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.
	Recognize that different people can witness the same event and have differing recollections about what they saw. The fact that a respondent or their witness recalls things differently doesn't mean they aren't 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 doesn't become more believable through repetition or, through volume.
	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 involved. The fact that a hearing panel found no violation is not appealable.
	For detailed information on the bases and time limits for appealing decisions or requesting a rehearing, contact the Association. Rehearings are generally granted only when newly discovered evidence comes to light (a) which could not reasonably have been discovered and produced at the original hearing and (b) which might have had a bearing on the hearing panel's decision. 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. Appeals brought by Ethics complainants are limited to procedural deficiencies or failures of due process that may have prevented a full and fair hearing.

Ethics 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, the forms for filing a complaint are available at the end of this section, or through the REALTORS® Association.

Filing Arbitration Requests
An Arbitration Request is different from an Ethics complaint. An Ethics complaint alleges violation by a REALTOR® of an article of the Code of Ethics. An Arbitration involves a monetary business dispute, often involving one member in disagreement with another member, usually over a commission or contractual dispute. Sometimes Arbitration concerns a monetary dispute between a customer or client and an Association member.

If your situation concerns both Ethics and Arbitration, the Association will handle the Arbitration portion separately. The Association will consider the Ethics complaint only after it has completed the Arbitration. The Association always holds the Arbitration first.

The following individuals may file an Arbitration request with the REALTORS® Association:

	REALTOR® members who are principal brokers.
	REALTOR® members who are not principals, provided his or her principal broker joins in the request.
	REALTOR members who are or were affiliated with the same firm, provided each party voluntarily agrees to the Arbitration in writing.
	Clients of a REALTOR®, provided all parties agree voluntarily to submit to Arbitration.
	Customers of a REALTOR®, provided there is a contractual relationship, and all parties agree voluntarily to submit to Arbitration.

The obligation of REALTORS® to submit certain disputes to the Association for Arbitration falls under Article 17 of the Code of Ethics. Not every situation may be arbitrated by the Association, and not every dispute falls under a REALTORS®' mandatory obligation to Arbitrate. These factors in determining whether your dispute is arbitrable, and whether Arbitration is mandatory on the part of the REALTOR®, can be explained to you in more detail. They are also key factors considered by the Review Committee when your Request is considered for possible referral to hearing.

Disputes involving clients or customers require that they sign an agreement to arbitrate and to be bound by the Arbitration.

Arbitration is a service provided by the REALTORS® Association to its members to assist in resolving disputes with other REALTORS® and their clients, and sometimes customers. Arbitration is not a disciplinary proceeding nor does it award damages. By becoming and remaining a member of the REALTORS® Association, each REALTOR® binds him or herself to arbitrate certain disputes. Not every situation may be arbitrated by the Association, however. Conditions and limitations exist which you must consider, and which can be explained to you in greater detail by contacting the Association.

Filing a Request for Mediation and/or Arbitration
To submit an Arbitration request to the Association, review the following information and take the steps outlined:

Mediation
Mediation, sometimes called Settlement, is an optional first step in the complaint process. It is a much less formal process than an Arbitration Hearing, and is a very effective means of dispute resolution. The objectives of Mediation are to resolve controversies by promoting friendly, amicable resolutions; enhancing the continued business relationship of the parties into the future. The benefits of Mediation are highlighted on the form called What is A Mediation Conference?.

Participation in Mediation is voluntary on the part of each party. If you are willing to mediate the dispute, indicate your willingness on the Request for Arbitration/Mediation Form (Member or Non-Member) and/or the Mediation Request Form (Arbitration), and submit with your complaint. The Professional Standards Administrator will inquire of the other party to your complaint as to whether they would be willing to participate in Mediation. If all parties agree, the matter will be referred to a Mediation Officer. A mutually convenient time and location for the Mediation will be arranged with the parties.

The Mediation Officer has no authoritative decision-making power. The role of the Mediation Officer is to assist the parties in voluntarily reaching their own mutually acceptable settlement of the issues in dispute.

In the event the parties reach a mutually agreeable resolution, a written agreement shall be prepared by the Mediation Officer and signed by the parties, and the Arbitration request shall be dismissed with the Arbitration filling fees being returned to each party. In the event the Mediation is unsuccessful, the matter will be referred to the Review Panel for consideration as to whether the dispute should proceed to an Arbitration Hearing.

Review Panel
A Review Panel made up of three members of the Association's Professional Standards Committee will review your Arbitration request in case you have not opted for Mediation, or Mediation has been unsuccessful. A preliminary investigation to determine whether the matter is subject to Association Arbitration (whether the dispute is "arbitrable") will be made by the Panel. Arbitration is sometimes mandatory on the part of a REALTOR, and sometimes voluntary. It will be determined by the Review Panel which category applies to your situation.

In reviewing your Request for Arbitration, many factors are considered, including:

The Panel may then, if all factors meet requirements, refer the matter on to an Arbitration Hearing, at which time the other party will be sent your Arbitration Request. Or the Panel may find that the complaint should be dismissed. The Panel's review could also release Association members from their obligation to arbitrate. This would free you to seek other recourse in order to resolve the dispute. You may appeal a dismissal of an Arbitration request to the Board of Directors. The Directors review only the materials submitted to the Review Panel and can uphold or overturn the Panel's dismissal.

Arbitration Hearing
If a Review Panel refers your Arbitration request to a hearing, you will be notified of the hearing date, time and place. The Association will be in touch with you throughout the process, and will give you instructions about hearing procedures prior to the hearing.

An Arbitration hearing provides an opportunity for the Complainant and the Respondent to explain "his or her side of the story" by presenting testimony, evidence and witnesses, if any. Parties may exercise their right to bring witnesses and/or legal counsel (attorney) to the hearing. Remember the burden of proof in an Arbitration is on the Complainant to offer to the Hearing Panel a "preponderance of the evidence; i.e., that evidence, when taken as a whole, is more convincing than the evidence offered in opposition.

Once all the facts have been presented, an Arbitration Hearing Panel, consisting of members of the Professional Standards Committee, will determine how the dispute should be settled. An Arbitration award may not be more than the amount in dispute. In no circumstances will the Association award legal fees or "punitive" damages.

Arbitration awards are considered final and binding subsequent to the expiration of the procedural review period. There is no "appeal" to an Arbitration award - parties may only request a review of alleged procedural deficiencies, but may not appeal the merits of the award.

If you have questions relating to filing a Mediation or Arbitration request, please call the REALTORS® Association of Northeast Wisconsin at 920.739.9108.

Forms
	Code of Ethics
	Outline of Ethics Procedure
	Ethics Complaint Form E-1
	Request and Agreement to Arbitrate or Mediate - Member (Form A-1)
	Request and Agreement to Arbitrate or Mediate - Non-Member (Form A-2)
	Request to Mediate (Ethics)
	Request to Mediate (Arbitration)
	What is a Mediation Conference?
	Arbitration Guidelines
	Witness Affidavit Form
	Outline of Arbitration Hearing Procedure (Form A-10)
	Arbitration / Ethics Complaint Brochure
	Professional Standards (full text)
	NAR Code of Ethics & Arbitration Manual