Arbitration

The GIARDINELLI LAW GROUP, APC is corporate counsel to the Southwest Riverside County Association of REALTORS® (SRCAR®) and is responsible for the processing of all disciplinary and arbitration complaints.

The following instructions and attachments are for your use in filing an Arbitration Complaint with SRCAR®.

Client/Member of the Public vs. REALTOR®

If, after reading the Client Information Sheet, you want to file a Complaint with SRCAR®, please complete the Arbitration Complaint (Form PA-1), making sure of the following:

  1. In Paragraph 1 “Respondents,” on Page 1:
    1. “(1)” should be the name of Respondent Brokerage.
    2. “(2)” should be the name of Respondent Broker. If you do not know the name of the Respondent Broker, please check the CalBRE website or contact me.
    3. “(3) and “(4)” should be the name(s) of the Respondent Agent(s), if applicable.
  2. In Paragraph 2, indicate the dollar amount being requested. Please note that a panel cannot award more than is being requested.
  3. On Page 2, “Complainants”:
    1. “(1)” should be you.
    2. “(2)” should be any other party that is making the claim.

You must include a statement stating why you believe you are owed the amount of your claim and, if applicable, clearly indicate the date escrow closed on the underlying transaction in your dispute. Label your statement as Exhibit 1 and submit all documentation supporting your claim. You have 180 days from the date of escrow closing or date of discovery of the loss (whichever is later) in which to file the Complaint.

The portion of the California Code of Ethics and Arbitration Manual (Arbitration) explains the rules SRCAR® follows for arbitration hearings.

As an alternative to arbitration, SRCAR® offers mediation. Mediation is a dispute resolution process whereby a mediator works with you and the other parties to facilitate a mutually acceptable resolution of your dispute. In comparison to arbitration, mediation is usually less adversarial and less formal and the parties are more directly involved in the decision making process to resolve their dispute. As a general policy, SRCAR® promotes mediation and strongly encourages you to consider using mediation.

While SRCAR® promotes mediation, you still need to file an arbitration complaint with SRCAR® to preserve your right to arbitration. Also, mediation is a voluntary process and a mediation conference can only be scheduled if all parties agree to mediation. If any party to your dispute does not agree to mediation, arbitration will be necessary. Finally, if you are unable to reach a mutually acceptable resolution of the dispute through mediation, an arbitration hearing will have to be scheduled. If you would like to use mediation, please contact SRCAR®‘s Professional Standards Coordinator.

Once all documents have been completed, return them to our Canyon Lake office along with a check in the amount of $500.00 payable to SRCAR®.

If you have any questions regarding any of the information attached, please feel free to contact Linda M. Conaway; the contact information is listed below.

Linda M. Conaway, Professional Standards Coordinator
SOUTHWEST RIVERSIDE COUNTY
ASSOCIATION OF REALTORS®
c/o
The GIARDINELLI
LAW GROUP, APC
Riverside County Office
31594 Railroad Canyon Road
Canyon Lake, California 92587
Telephone: (951) 244-1856 ext. 103 or (800) 446-3646
Facsimile: (951) 271-9039 or (951) 246-2000
Email: linda@glawgroupapc.com

REALTOR® vs. REALTOR®

In order to file the Arbitration Complaint, please complete the Arbitration Complaint (A-1) form, making sure of the following:

  1. In Paragraph 1 “Respondents,” on Page 1:
    1. “(1)” should be the name of Respondent Brokerage.
    2. “(2)” should be the name of Respondent Broker. If you do not know the name of the Respondent Broker, please check the CalBRE website or contact me.
    3. “(3) and “(4)” should be the name(s) of the Respondent Agent(s), if applicable.
  2. In Paragraph 2, indicate the dollar amount being requested. Please note that a panel cannot award more than is being requested.
  3. On Page 2, “Complainants”:
    1. “(1)” should be the Complainant Brokerage and be signed by a principal for the Brokerage.
    2. “(2)” should be the Complainant Broker, signed by the Complainant Broker.
    3. “(3) and if needed “(4)” should be the agent(s).

You must include a statement stating why you believe you are owed the amount of your claim and, if applicable, clearly indicate the date escrow closed on the underlying transaction in your dispute. Label your statement as Exhibit 1 and submit all documentation supporting your claim. You have 180 days from the date of escrow closing or date of discovery of the loss (whichever is later) in which to file the Complaint.

The portion of the California Code of Ethics and Arbitration Manual (Arbitration) explains the rules SRCAR® follows for arbitration hearings.

As an alternative to arbitration, SRCAR® offers mediation. Mediation is a dispute resolution process whereby a mediator works with you and the other parties to facilitate a mutually acceptable resolution of your dispute. In comparison to arbitration, mediation is usually less adversarial and less formal and the parties are more directly involved in the decision making process to resolve their dispute. As a general policy, SRCAR® promotes mediation and strongly encourages you to consider using mediation.

While SRCAR® promotes mediation, you still need to file an arbitration complaint with SRCAR® to preserve your right to arbitration. Also, mediation is a voluntary process and a mediation conference can only be scheduled if all parties agree to mediation. If any party to your dispute does not agree to mediation, arbitration will be necessary. Finally, if you are unable to reach a mutually acceptable resolution of the dispute through mediation, an arbitration hearing will have to be scheduled. If you would like to use mediation, please contact SRCAR®‘s Professional Standards Coordinator.

Once all documents have been completed, return them to our Canyon Lake office along with a check in the amount of $500.00 payable to SRCAR®.

If you have any questions regarding any of the information attached, please feel free to contact Linda M. Conaway; the contact information is listed below.

Linda M. Conaway, Professional Standards Coordinator
SOUTHWEST RIVERSIDE COUNTY
ASSOCIATION OF REALTORS®
c/o
The GIARDINELLI
LAW GROUP, APC
Riverside County Office
31594 Railroad Canyon Road
Canyon Lake, California 92587
Telephone: (951) 244-1856 ext. 103 or (800) 446-3646
Facsimile: (951) 271-9039 or (951) 246-2000
Email: linda@glawgroupapc.com

For additional information, please visit the C.A.R. website at: http://www.car.org/aboutus/forconsumers/ethics/