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Request and Agreement to Arbitrate (Non-Member)

  • 1. The undersigned agrees and wants to submit to arbitration before a Hearing Panel of the Arizona Association of REALTORS® with the understanding that the arbitration will be conducted pursuant to the Code of Ethics and Arbitration Manual of the Association (or, alternatively, “in accordance with the professional standards procedures set forth in the Board’s Bylaws”). The undersigned acknowledges having had the opportunity to review the Association’s procedures or having been provided with a copy of the procedures.

  • 2. I am informed that each person named below is a member in good standing of the Association or was a member of said Arizona Association of REALTORS® at the time the dispute arose.

  • 3. A dispute arising out of the real estate business as defined by Article 17 of the Code of Ethics exists between me and (list all persons and/or firms you wish to name as respondents to this arbitration. Naming a REALTOR® [principal] as respondent enables the complainant to know who will participate in the hearing from the respondent’s firm; naming a firm may increase the likelihood of collecting any resulting award.):*

  • Parties are strongly encouraged to provide any and all documents and evidence they intend to introduce during the hearing to the other party(ies) and to the association prior to the day of the hearing. Providing documents and evidence in advance can expedite the hearing process and prevent costly, unnecessary continuances. Please clearly summarize the reason(s) you believe that the Respondent(s) owes you this money below:

  • 5. The undersigned confirms that execution of the Agreement is wholly voluntary and, pursuant to this Agreement, agrees and promises to abide absolutely by the award of the Hearing Panel. In the event of adverse decision, I agree to, within twenty (20) days following transmittal of the award, either (1) pay the award to the party(ies) named in the award of (2) deposit the funds with the Professional Standards Administrator to be held in an escrow or trust account maintained for this purposes consistent with Section 53, The Award, Code of Ethics and Arbitration Manual.

  • 6. I enclose my check in the sum of $ $500 for the arbitration filing fee deposit.**

  • 7. I understand that I may be represented by legal counsel, and that I should give written notice no less than 15 days before the hearing of the name, address and phone number of my attorney to all parties and the Association. Failure to provide this notice may result in a continuance of the hearing, if the Hearing Panel determines that the rights of the other party(ies) require representation. Each party must provide a list of the names of witnesses he intends to call at the hearing to Association and to all other parties not less than fifteen (15) days prior to the hearing. Each party shall arrange for his witnesses to be present at the time and place designated for the hearing. All parties appearing at the hearing may be called as witnesses without advance notice.

  • 8. I declare that this application and the allegations contained herein are true and correct to the best of my knowledge and belief and this request for arbitration is filed within 180 days after the closing of the transaction, if any, or within one hundred eighty (180) days after the facts constituting the arbitrable matter could have been known in the exercise of reasonable diligence, whichever is later.

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  • 9. If either party to an Arbitration Request believes that the Grievance Committee has incorrectly classified the issue presented in the request (i.e., mandatory or voluntary), the party has 20 days from the date of receipt of the Grievance Committee’s decision to file a written appeal of the decision. Only those materials that the Grievance Committee had at the time of its determination may be considered with the appeal by the Hearing Panel.

  • NOTE: Supporting documents and evidence should be submitted with this complaint. If evidence and documents supporting your claim are not provided, it is possible that the hearing panel may not consider them at the hearing.

  • 11. Important note related to arbitration conducted pursuant to Standard of Practice 17-4 (1) or (2): Where arbitration is conducted between two (or more) cooperating brokers pursuant to Standard of Practice 17-4 (1) or (2), the amount in dispute and amount of any potential resulting award is limited to the amount paid to the Respondent by the listing broker, seller, or landlord and any amount credited or paid to a party to the transaction at the direction of the Respondent.

    12. Agreements to arbitrate are irrevocable except as otherwise provided under state law.

  • COMPLAINANT(S):

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  • *Complainants may name one or more REALTOR® principals or a firm comprised of REALTOR® principals as respondent(s). Or, complainants may name REALTOR® principals and firms as respondents.

    **Not to exceed $500.