Grievance

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.

If you are encountering problems with a REALTOR® member of SRCAR®, you have free options available to you.

    1. Ombudsman Program

If you are in a dispute with a member of SRCAR®, your issue may be resolved through the use of our Ombudsman Program. This program is designed to have an experienced member contact both parties and attempt to resolve the matter in an informal way. Attached are the following documents to assist you in requesting an Ombudsman:

      1. Notice of Ombudsman Services
      2. Application to Participate in Ombudsman Program
      3. Ombudsman Procedures
    1. Disciplinary (Ethics) Complaint

If you feel the Ombudsman Program is not the right option for you, or your dispute is not resolved after participating in the Ombudsman Program, you may file a Disciplinary Complaint. Attached are the following documents to assist you in filing a Disciplinary Complaint with SRCAR®:

      1. A blank Disciplinary Complaint (Form D-1);
      2. How to Obtain the Assistance from an Ethics Advocate;
      3. Request for Ethics Advocate (Form D-23);
      4. Ethics Advocate Acceptance (Form D-23A);
      5. Ethics Advocate Communication Preference (Form D-23B);
      6. The 2017 National Association of REALTORS® Code of Ethics;
      7. The Rules and Regulations of the Multiple Listing Service (MLS); and,
      8. A portion of the California Code of Ethics and Arbitration Manual relating to disciplinary proceedings.

If you desire assistance with completion of the Disciplinary Complaint (Form D-1), you will find the names of several Ethics Advocates (“EA”) (Form D-23A). The EA will help you complete the Disciplinary Complaint and other required forms. There is no cost for the use of an EA. If you wish the assistance of an EA, please complete and return:

    1. Request for Ethics Advocate (Form D-23);
    2. Ethics Advocate Acceptance (Form D-23A); and,
    3. Ethics Communication Preference (Form D-23B).

PLEASE NOTE: IN ORDER TO USE THE SERVICES OF AN EA, YOU MUST AGREE TO HOLD SRCAR® HARMLESS AND WAIVE ANY CLAIM FOR LIABILITY AGAINST SRCAR® OR THE EA FOR THE CONDUCT OF THE EA IN ASSISTING YOU.

If you do not wish the assistance of an EA, there is no need to return Forms D-23, D-23A and D-23B. To file a Disciplinary Complaint without the assistance of an EA, please complete the Complaint form, including those Articles of the Code of Ethics and/or MLS Rules you feel have been violated. Attach a supporting statement (Exhibit 1) and any additional documents you feel may assist us, and return everything to The GIARDINELLI GROUP, APC office at 31594 Railroad Canyon Road, Canyon Lake, California 92587.

Please be advised that in order for a complaint to be considered filed timely with SRCAR®, the complaint must be filed within one hundred and eighty (180) calendar days after the facts constituting the alleged wrongful conduct occurred. You must file within the time limit, even if you are assisted by an EA.

SRCAR® cannot cancel or enforce contracts, and does not have authority to take action regarding the licensing status of its members. Disciplinary complaints are aimed at disciplinary action. No money is awarded. If a member is found in violation of any Articles of the Code of Ethics, MLS Rules and Regulations, and/or Membership Duties, they will be disciplined in accordance with the provisions of the California Code of Ethics and Arbitration Manual, the relevant portion of which is attached.

Your complaint will be reviewed by members of our Grievance Committee who meet monthly. That group does not determine guilt or innocence, but does determine whether or not a disciplinary complaint is appropriate for a formal hearing. If your complaint is forwarded to Professional Standards for a formal hearing, you will be required to testify and prove your case. You will be advised in writing of the action taken by the Grievance Committee.

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/