Legal

The California Code of Ethics and Arbitration Manual (“Manual”) is designed and intended for use by Member Associations of the California Association of REALTORS® (“C.A.R.”) for administration of professional standards matters. The Manual is drafted to be in compliance with the applicable policies of the National Association of REALTORS® and California state law. If a Member Association desires to adopt a different set of rules for administration of professional standards or desires to change the model provisions contained herein, it is recommended that the Member Association have such rules and procedures reviewed by legal counsel and approved by NAR® prior to actual use.
Changes to this Manual

From time to time C.A.R. updates this Manual to comply with changes in NAR® policies or California law.

All substantive changes to the Manual from the last edition have been made and shown in red underlined typeface.

NAR Code of Ethics

CAR Code of Ethics

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Continuing Education Requirements
For the California Department of Real Estates most current continuing education requirements, please visit, https://dre.ca.gov/Licensees/CERequirements.html

Continuing Education Providers
The following list is provided as a member service and is not an endorsement or recommendation of any kind.

• California REALTOR Multiple Listing Service Education CRMLS Education
• Online Ed is a SRCAR partner and offers substantial member discounts for both continuing education and real estate development course offerings. Discount code is PIE30: https://www.onlineed.com/info/RealEstate/California/ContinuingEducation?ref=665
• The CE Shop: Comprehensive Online Real Estate Continuing Education | The CE Shop (https://srcar.theceshop.com/real-estate/continuing-education)
• .A.R. 45 hours of FREE courses: https://car.org/education/licenserenewal
• Lumbleau Real Estate School: http://www.lumbleau.com/continuingeducation.asp  877-635-9944 – Discount Code SRCAR2016
• Duane Gomer Seminars: http://www.DuaneGomer.com – 949-457-8930
• The Realty Institute, A Blair Brown Co.:target=”_blank”>http://www.realtyinst.com– 800-339-1808
• Kaplan Prof. Schools: https://www.kapre.com/real-estate/california – 800-726-7767

For over 30 years, the SRCAR® Scholarship Foundation has awarded scholarships to outstanding college-bound High School seniors in the Southwest Riverside County area that have family members in the real estate industry. To learn more, or to apply visit Scholarship.

Clients of REALTOR® and REALTOR-ASSOCIATE® members of the Association may elect to arbitrate real estate related disputes with these members through the Association arbitration process. However, in order to invoke Association arbitration, the person must be a “client.” A “client” is defined as a person who had a legal agency relationship with the REALTOR® or REALTOR-ASSOCIATE® member. Typical situations where this relationship is created are between sellers and their listing broker and buyers and their agent representative.

If you are eligible for arbitration at the Association and elect to file an arbitration complaint with the Association, the arbitration will be processed and conducted according to the rules and procedures used by the Association for arbitration. However, please be advised of the following.

You may have a right to initiate a court action to resolve the dispute. If you elect to use the Association arbitration process, you may be waiving your rights to have this dispute heard and resolved in a court of law. As such, you may want to consult an attorney prior to filing an arbitration complaint with the Association.

If there is a written agreement between you and the REALTOR® or REALTOR-ASSOCIATE® member which contains an arbitration clause that references another arbitration service or provider, such as a listing agreement or buyer-broker agreement, the Association cannot process your arbitration complaint. Instead, you must initiate arbitration according to the terms of the written agreement.

It is strongly recommended that you review the Association’s rules and procedures prior to filing an arbitration request. The Association’s rules and procedures contain several differences from other arbitration service providers and civil court that should be carefully examined.
Association arbitration is only available to resolve disputes between REALTORS®/REALTOR-ASSOCIATES® members of the Association and their clients. If you have a dispute with a real estate broker or agent who is not a member of the Association or who did not represent you in a legal agency capacity, the Association does not have jurisdiction to process an arbitration complaint against or including such persons. In these situations, it is recommended you consult an attorney to determine the most appropriate course of action to resolve your dispute with that person.

Copyright© 2016 CALIFORNIA ASSOCIATION OF REALTORS®

The Association has mediation available as an alternative to arbitration. 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, the Association promotes mediation and strongly encourages you to consider using mediation.

While the Association promotes mediation, please be advised of the following.

• Complainant(s) in a dispute must file an arbitration complaint with the Association to preserve your right to arbitration.
• Mediation is a voluntary process, and all parties must agree to a mediation conference. (Please ensure all members of your party complete and submit this form.). If any party to your dispute does not agree to mediation, arbitration will be necessary.
• If you are unable to reach a settlement through mediation, the Association will schedule an arbitration hearing.

Please return and fill out the form to:
Linda M. Conaway, Professional Standards Administrator
SOUTHWEST RIVERSIDE COUNTY ASSOCIATION OF REALTORS®
c/o TYLER LAW, LLP
Email: [email protected]
Request for Mediation (Form M-1)

Tyler Law, LLP is corporate counsel to the Southwest Riverside County Association of REALTORS® (SRCAR®).  They are 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®:

Read the Client Information Sheet (Form PA-2).

Complete the attached Arbitration Complaint (Form PA-1) as follows:

On page 1, in paragraph 1 “Respondents”:

“(1)” should be the name of Respondent Broker.  If you do not know the name of the Respondent Broker, please check the DRE website (www.dre.ca.gov)

“(2, 3 and 4)” should be the name(s) of the Agent(s), if applicable.

In paragraph 2, indicate the dollar amount being requested.  Please note that a Panel cannot award more than is being requested.

On page 2, “Complainants”:

“(1)” should be you; and,

“(2, 3, and 4)” 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 California Code of Ethics and Arbitration Manual 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 review the attached Mediation Guidelines and Procedures and complete the attached Request for Mediation and submit it with your Arbitration Complaint.

Once all documents have been completed, send them to the address below along with a check in the amount of $500.00 payable to SRCAR®. If you prefer to send them electronically, you can send a request for a credit card authorization payment form to the email address below.

If you have any questions, please contact Linda M. Conaway, the Professional Standards Administrator. Her contact information is below.

Linda M. Conaway, Professional Standards Administrator
SOUTHWEST RIVERSIDE COUNTY ASSOCIATION OF REALTORS®
c/o TYLER LAW, LLP
25026 Las Brisas Road
Murrieta, California 92562
Telephone:  (800) 446-3646 or (951) 600-2733 ext. 223
Email:  [email protected] 

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1. The purpose of mediation is to assist members of Southwest Riverside County Association of REALTORS® (SRCAR®) in settling disputes swiftly and informally.
2. A complainant seeking mediation submits a completed Request for Mediation (M-1) along with a completed Arbitration Complaint (A-1) and supporting documentation. Copies of all documents are forwarded to all named respondent(s).
3. Respondent(s) then have the opportunity both to respond to the arbitration complaint (A-3) and to submit a completed Agreement to Mediate if they are willing to mediate the dispute.
4. Since mediation is voluntary, SRCAR® will only schedule a mediation conference for those complainant(s) and respondent(s) agreeing to mediate. If not all parties wish to mediate, those choosing mediation have the option to mediate among themselves and then arbitrate against the remaining individuals.
5. A pool of mediators is maintained by SRCAR®. Mediators are selected based on the expertise and background required by the pending dispute.
6. If the parties decide on a mediation conference, SRCAR® forwards copies of the complaint (A-1), response (A-2) and supporting documentation to a Mediator selected by SRCAR®. A date and a place for the mediation conference is set by SRCAR®. SRCAR® will notify the participants in advance of that date. The mediation conference is held virtually or at SRCAR®.
7. No third parties or witnesses are permitted at the mediation conference. Parties may be represented by legal counsel.
8. If the parties agree on a settlement figure, they execute a Mediation Agreement and Stipulated Arbitration Award. The Mediator then forwards the form to SRCAR®. Upon receipt of the form, SRCAR® will cancel the arbitration and refund up to ½ of the arbitration filing. If the parties do not resolve the dispute, the Mediator advises SRCAR® that mediation was not successful. SRCAR® will then schedule an arbitration hearing.
9. Once a date and place for the mediation conference is determined, no postponement is allowed except at the discretion of the Mediator. If any party fails to appear, an arbitration hearing is then scheduled to hear the dispute between the appropriate parties.