Litigation arising from disputes can be extremely slow, expensive, and intimidating. Arbitration and Mediation are generally much less expensive and more efficient. CAR offers dispute resolution services to REALTORS® for disputes between other REALTORS®, non-members, and clients.
Arbitration and Mediation
Legal & Professional StandardsArbitrable Issues
REALTOR® Members agree to submit to arbitration for contractual and specific non-contractual disputes as defined in Standards of Practice 17-4 of the Code of Ethics, including entitlement to commission and compensation in cooperative transactions that arise of out of the business relationships between REALTORS® and between REALTORS® and their clients and customers.
How to File an Arbitration Request
All requests must be submitted in writing through the following process:
Please complete the Request and Agreement to Arbitrate, Form #A-1
The Request and Agreement to Arbitrate must be filed and signed by a REALTOR® Principal of the firm. Broker associates (non-principal) cannot be a party to the arbitration request, but may attend the arbitration if they have a monetary interest in the outcome of the case.
You will need to include a written statement of the situation, marked as Exhibit A or I, and any other documentation to support your request. These documents may include listings agreements, purchase agreements, representation agreements/disclosures, MLS datasheets, or correspondence.
The Request and Agreement to Arbitrate and the written statement should be sent along with a check made payable to the Colorado Association of REALTORS® in the amount of $450.
Arbitration requests must be submitted within 180 days after the closing, if any, or within 180 days after the facts constituting an arbitrable matter could have been knows in the exercise of reasonable diligence. Once the Arbitration Request has been filed the Grievance Committee will review the request to determine if the request is an arbitrable matter and whether the arbitration is mandatory or voluntary. If the Grievance Committee determines an arbitrable matter exists and should proceed to hearing, a response is then solicited by the Respondent. The Respondent will be required to submit a response and the $450 filing fee.
Mediation
Mediation will be offered to parties during the arbitration request. Mediation is encouraged by the Colorado Association of REALTORS® as a useful tool for resolving disputes and conflicts. Mediation will be offered upon receipt of an arbitration request. If mediation is not successful or parties choose to withdraw from mediation the complaint will forwarded to the Grievance Committee for review. If mediation is successful, $400 of the $450 filing fee shall be returned to the parties.
To file a mediation request, please complete the Request for Mediation form and submit with your arbitration request.
Code of Ethics
All REALTORS® voluntarily pledge to abide by a strict code of professional conduct. This conduct is outlined in the National Association of REALTORS® Code of Ethics. If you feel like any part of the Code has been violated you are entitled to file a complaint.