- ARBITRATION AGREEMENT: (a) I hereby agree for myself and the firm for which I act to binding arbitration of disputes with any member of this Association, with any member of C.A.R. in accordance with its rules and regulations or any client covered by the Association rules. (b) Further, I agree to binding arbitration in accordance with Association/MLS rules, with any other MLS Participant of this Association/MLS or with any other MLS Participant or Subscriber of this Association/MLS or with any other MLS Participant or Subscriber of an Association/MLS which shares a common database with this Association/MLS through a regional or reciprocal agreement.
- NO REFUNDS: I understand that my dues and MLS fees are non-refundable. In the event I fail to maintain eligibility for membership or for MLS Services for any reason under the bylaws or MLS rules, including but not limited to discipline by the Association/MLS, I understand I will not be entitled to a refund of my dues or fees.
- RETURNED CHECK POLICY: I have read and understand the returned check policy as posted on the website, srcar.org, and acknowledge that this policy may change without notice.
- AUTHORIZATION TO RELEASE AND USE INFORMATION AND WAIVER: I authorize the Association/MLS or its representatives to verify any information in this application including contacting any Board/Association/MLS, the DRE, current or past broker or business associates. I further authorize any Board/Association/MLSs in which I have been a member or MLS Participant or Subscriber to release all membership and disciplinary records to the Board/Association/MLS to which I am applying. I further authorize this Association/MLS to use this information in determining future disciplinary sanctions. I waive any cause of action including, but not limited to, slander, libel or defamation of character resulting from such verification, evaluation or other processing of this application or use of the information gathered by the Association/MLS, C.A.R., N.A.R. or their agents, employees, committees or members.
- I agree that should I cease to be a REALTOR®, I will discontinue use of the term REALTOR® in all certificates, signs, seals or any other medium.
- I understand that if the Association/MLS requires orientation, I must attend such orientation prior to becoming a REALTOR® member, REALTOR® Broker or Agent. Cost to attend orientation is $20 due at the time of registration. Registration fees collected will be allocated as a REALTOR® Action Fund investment.
- By becoming and remaining a member, I agree to abide by the Constitution, Bylaws, Code of Ethics and any other rule as from time to time amended by the National Association of REALTORS®, California Association of REALTORS® and the Association/MLS.
- I understand and agree that by becoming and remaining a participant or subscriber to the MLS, I agree to abide by the MLS rules, as from time to time amended, including but not limited to the following:
- I agree not to use the MLS data for any purpose other than to market property or support market valuations or appraisals as specifically set forth in the rules.
- I agree not to reproduce any portion of the active listings unless specifically authorized under the rules.
- I agree not to download MLS data except as provided in the MLS rules.
- I agree not to allow anyone other than authorized participants, their subscribers and the clerical users as defined in the MLS rules to access any computer receiving MLS information. I agree not to transmit the information to any participants, subscribers and clerical users not authorized to access the system by the rules. I agree not to use the MLS to create another product except as may be used by the participant who down-loaded the data in compliance with the MLS rules.
- I agree I will not give or sell my password to any person nor make it available to any person. I further understand that the California Penal Code and the United States Code prohibits unauthorized access to computer data bases. I agree not to allow such unauthorized access by use of either any of my equipment or pass codes.
- I understand that the clerical users I have registered may be authorized to have limited access to the MLS for clerical support only. I understand that clerical users are not allowed to use the information in any way other than to provide such information to me. Persons performing any activities that require a real estate license are not eligible for this clerical user’s classification. I further understand that any violation by a clerical user employed by me, under contract with me or used by me is my responsibility and can result in discipline to me and ultimate termination of MLS services to me.
- The security of many homeowners in the area depends on the security of the lockbox system. I will not lend or make available my lockbox key or programmer to any person, even if an authorized MLS user. I further understand that the Association can incur costs in securing the system if I fail to take adequate measures to protect my key, programmer and lockbox and that I agree to be responsible for these costs.
- I understand and agree that the above statements are in addition to the MLS rules, to which I have also agreed. Violation of any MLS rule may result in discipline, fine and ultimate termination of the service. In addition to that, my actions may cause damage to the Association which owns the MLS and the Association may pursue its legal remedies against me to recover such damages.
- I understand that any member of the Association/MLS may be reprimanded, placed on probation, suspended or expelled for sexual harassment of an Association or MLS employee after a hearing in accordance with the established procedures of the Association. The decision of the appropriate disciplinary action to be taken shall be made by an investigatory team comprised of the President, President-elect and/or Vice President and one member of the Board of Directors selected by the highest ranking officer not named in the complaint, upon consultation with counsel for the Association. If the complaint involves the President, President-elect or Vice President, they may not participate in the proceedings and shall be replaced by the Immediate Past President or alternatively, by another member of the Board of Directors selected by the highest-ranking officer not named in the complaint.
- Photograph and Media Release: I herby grant permission to the Southwest Riverside County Association of REALTORS® (SRCAR®), its employees, and/or representatives, to take and use photographs/digital images of me for use in promotional and/or educational materials. These materials might include printed or electronic publications, websites, or other electronic communications. I further agree that my name and identity may be revealed in descriptive text or commentary in connection with the image(s). I authorize the use of these materials indefinitely without compensation to me. All negatives, prints, and/or digital reproductions shall be the property of SRCAR®. I hereby release, discharge, and agree to save harmless SRCAR® from any liability that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy. This agreement shall be binding upon my signing of this application.
- In accordance with the Bylaws of the Association, Article V, Section 14 reads: Applicants for REALTOR® membership shall complete an orientation program on the Code of Ethics, meeting the minimum criteria established by N.A.R. for new member ethics training. Failure to satisfy this requirement within sixty (60) days of the date of application will result in denial of the membership application. In addition, failure to attend orientation is a violation of a membership requirement and results in suspension of membership until the requirement is met or until membership is automatically terminated.
- SMS Authorization: By submitting your application, you agree to receive text messages (also known as SMS) from SRCAR at the phone number provided. These messages may include information about your application status, as well as marketing and account informational messages. You may opt out of receiving text messages at any time by replying “STOP” to any message or contacting us directly. Please note that standard message and data rates may apply.
The Southwest Riverside County Association of REALTORS®/Multiple Listing Service is GREEN. All invoices including MLS dues billing, Lockbox lease fees & REALTOR® dues will be emailed directly to your email address. It is your responsibility to ensure we have the correct and working email address on file. If you choose to opt-out, a $10.00/year service fee will be applied to your account each year.
SOUTHWEST RIVERSIDE COUNTY ASSOCIATION OF REALTORS® ANTI-HARASSMENT POLICY
(February 2022)
Southwest Riverside County Association of REALTORS® (AOR) Commitment:
The AOR is committed to providing a productive and welcoming environment that is free from discrimination and harassment. Members are expected to act with courtesy and mutual respect toward each other, AOR or MLS staff, service providers, speakers, guests and event participants.
Prohibition of Harassment:
No Member of the AOR may harass an Association or MLS staff member, volunteer, officer or director, or another Member, service provider, speaker or guest of the AOR during any AOR function, meeting or AOR-related event or at the AOR workplace or in any other forum or platform governed by NAR policy.
Harassment:
Harassment includes inappropriate conduct, comment, display, action, or gesture based on another person’s sex, color, race, religion, national origin, age, disability, sexual orientation, gender identity, and any other protected characteristic. Harassment in any form is strictly prohibited.
Examples of harassment include, but are not limited to: epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes; and the display or circulation of written or graphic material that denigrates or shows hostility toward an individual or group based on a protected characteristic.
Sexual Harassment:
Sexual harassment is one form of harassment. Sexual harassment may involve individuals of the same or different gender. Like all harassment, sexual harassment is strictly prohibited.
Sexual harassment can be:
Verbal: Sexual innuendoes, suggestive comments, jokes of a sexual nature, sexual propositions, or threats.
Non-Verbal: Sexually suggestive objects or pictures, graphic commentaries, suggestive or insulting sounds, leering, whistling, or obscene gestures.
Physical: Unwanted physical contact, including touching, pinching, coerced sexual intercourse, or assault. Ways to Avoid All Types of Harassing Conduct:
All Members are responsible for following this Policy and maintaining a work environment that is free from all types of harassment. Often the best way to stop offensive conduct is to simply tell the person/s of your objection to it. The AOR encourages you to do so.
While persons are encouraged to advise of unwelcome behavior, even if no one has told an alleged harasser that his/her conduct is offensive, the alleged harasser may still be subject to discipline as set forth in this Policy. To avoid the risk of violating this Policy, Members will want to follow these guidelines:
- Remember that another individual may consider touching to be unwelcome or offensive.
- Racial, religious, ethnic, age-related and sexual jokes and epithets have no place in the work environment or at work-related functions or events.
- Compliments to others should be kept general.
- Drinking impairs good judgment. When at work related social functions or events, whether on or off the premises, avoid having one drink too many.
- Do not behave in a way you would not want your spouse, significant other, parent, child or clergy to witness.
How to Report Incidents of Harassment or Inappropriate Behavior:
Any member who believes they experienced or witnessed harassment or other inappropriate behavior in violation of this Policy should promptly report the incident to one of the following individuals: the Chief Executive Officer/Association Executive or the President of the Association or the next highest officer who is not the subject of or directly connected by way of a close personal or business relationship, or otherwise poses a conflict of interest, with the subject of the complaint, or if no other officer remains, a member of the Board of Directors.
Protection for Reporting and Cooperating:
No recourse will be taken against an individual acting in good faith for reporting harassment or for cooperating in an investigation.
Description of Misconduct:
An accurate record of objectionable behavior or misconduct is encouraged to resolve a formal complaint of harassment. Reports of harassment may be made verbally or in writing. Individuals who believe that they have been or are currently being harassed, should attempt to maintain a record of objectionable conduct in order to prepare effectively and substantiate their allegations.
Time Frame for Reporting a Complaint:
The AOR encourages a prompt reporting of complaints so that rapid response and appropriate action may be taken. This Policy not only aids the complainant, but also helps to maintain an environment free from harassment or inappropriate behavior contemplated by this Policy.
Investigation and Discipline:
Upon receipt of a report of possible harassment or inappropriate behavior in violation of this Policy, the AOR will promptly conduct a review in consultation with counsel. Through this consultation, the AOR may determine whether the matter can be resolved by meeting with those involved, or whether the matter should be referred to an investigatory team for further processing.
In instances of referral to an investigatory team, the AOR will promptly conduct an investigation in consultation with counsel. Unless otherwise determined by the AOR in consultation with counsel, the investigatory team will be comprised of the President, President-Elect and one member of the Board of Directors selected by the highest-ranking officer not named in or directly connected by way of a close personal or business relationship, or otherwise posing a conflict of interest with one named in the complaint.
A conflict of interest shall be deemed to exist when, by appearance or otherwise, a person cannot be considered to be impartial or disinterested. Examples include, but are not limited to, current or past relationships by blood, family, business, encounters of an acrimonious nature or any other situation when one cannot be impartial by appearance or otherwise. In the event any member of the investigatory team has a conflict of interest, the individual shall be precluded from participating in the proceedings.
Unless otherwise determined by the AOR in consultation with counsel, should any potential conflict exclude any of the officers or directors outlined in succession above, one or more shall be replaced by the Immediate Past President or, alternatively, by another member of the Board of Directors selected by the highest ranking officer not named in or directly connected by way of a close personal or business relationship with one named in the complaint, or otherwise posing a conflict of interest, or if no other officer or director remains, by the Chief Executive Officer/Association Executive.
In pursuing the investigation, the AOR shall take the wishes of the complainant under consideration, but shall thoroughly investigate the matter, keeping the complainant informed as to the general status of the investigation, while maintaining the confidentiality of the investigatory process. During the investigation, the AOR will involve only those deemed necessary to the investigation, and disclosures will only be made on an as-needed basis.
If, after its investigation, the investigatory team concludes there is sufficient evidence that a violation of this Policy has occurred, the investigatory team will determine any disciplinary action.
The AOR may, but is not obligated, to refer the investigation or the investigation and recommendation of discipline to another AOR or outside investigator for handling.
The AOR reserves the right to take any necessary and appropriate disciplinary action against a member who engages in any form of harassment or inappropriate behavior in violation of this Policy. Such actions may include, but are not limited to, prohibition from attendance at future AOR meetings or events, removal from a committee appointment, officer or director position, probation, suspension or expulsion from membership or any other action deemed appropriate by AOR. The AOR further reserves the right to consider any matter referred to it from the California Association of REALTORS® (“C.A.R.”) as a result of a violation of C.A.R.’s Code of Conduct, Civility and Harassment Policy and has the discretion to determine whether further action should be taken against the member at issue by the AOR.
A written summary of the resolution, including whether or not this Policy was violated and whether the alleged perpetrator was disciplined, will be prepared and shared with the alleged complainant and perpetrator(s), their Designated REALTOR® as deemed necessary and the Board of Directors.