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Having Problems with Your Agent? Here's How to Fix Them By Alice Martin, CAE, RCE as seen in the Arizona Republic, August, 2002 ~ Reviewed December 2004 |
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The majority of real estate transactions are completed without problems. Sometimes,
however, problems arise no matter how hard everyone tries to avoid them.
If you have a problem with your real estate agent, the first thing you
should do is speak with the agent directly or with a principal broker or
manager in the agent's firm. Often these problems result from
misunderstanding or a failure in communication. Open, constructive
discussion often resolves questions or differences, eliminating the need
for further action. Many REALTOR® associations have informal dispute-resolving processes available to consumers that can be utilized prior to filing a formal complaint. However, not all real estate licensees are REALTORS®. REALTORS® are members of the NATIONAL ASSOCIATION OF REALTORS® and are subject to a strict Code of Ethics. You can contact the Arizona Association of REALTORS® (602/248-7787) to determine if the agent belongs. If informal processes to solve the problem are not successful, you may want to take more formal steps to seek resolution through a third party or organization. You may file a formal complaint with the governmental agency that regulates real estate licensees, the Arizona Department of Real Estate (ADRE), or with the REALTOR® organization. The ADRE will first determine if the complaint relates to a possible violation of real estate statutes or rules and that the person(s) involved falls under their jurisdiction. The ADRE does not have jurisdiction over complaints about homeowner associations, landlord tenant issues, earnest money disputes, whether a contract is binding or valid, warranty issues, unpaid bills, or commission disputes. More information about the process and a formal complaint form is on ADRE's website, www.azre.gov, or call 602/468-1414. If a complaint is filed with the REALTOR® Association, the Association determines whether the Code of Ethics has been violated, not whether the law or real estate regulations have been broken. For more information about the REALTOR® complaint process, go to www.aaronline.com. Your written complaint at either organization should include the facts surrounding the matter, including timing, location, who was involved, and what specific actions were taken or not taken that you believe may have been illegal or unethical. If the agent is found to have done something illegal, the Department of Real Estate can invoke a civil penalty, suspension or revocation of license. REALTOR® associations discipline members for violating the Code of Ethics, including reprimands, required education, and fines. Membership can be suspended or terminated for serious or repeated violations, but the Association cannot award "punitive damages" or suspend or revoke a real estate professional's license. The best way to avoid problems in any transaction is to communicate clearly. Ask questions, read all paperwork thoroughly, and voice concerns immediately. Maintaining an open line of communication with your real estate agent is key to a successful transaction. Alice Martin, RCE, CAE, is AAR Executive Vice President and is involved with many industry issues, such as professional standards, mediation, forms development, housing needs, public policy, international real estate, and diversity programs. |
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