Request and Agreement to Arbitrate

1. The undersigned, by becoming and remaining a member of the Arizona REALTORS® (or a Participant in an Arizona REALTOR® MLS), has previously consented to arbitration through the Association under its Rules and Regulations.*

Email

2. I am informed that each person named below is a member in good standing of the Association (or a Participant in an Arizona REALTOR® MLS), or was a member of Arizona 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 (or my firm) and list all persons and/or firms you wish to name as Respondents to this arbitration. 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.*

Name of REALTOR® principal – Respondent

Email

Phone

Firm Name

(NOTE: Arbitration is generally conducted between REALTORS® (principals) or between firms comprised of REALTOR® principals. 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.)

Add Additional Respondent(s)?

Yes
No

Name of additional REALTOR® Respondent

Email

Phone

Firm Name

Add Additional Respondent?

Yes
No

Name of additional REALTOR® Respondent

Email

Phone

Firm Name

4. There is due, unpaid and owing to me (or I retain) from the above-named persons the sum of:*

My claim is predicated upon the statement attached and incorporated by reference into this application. The disputed funds are currently held by:

Please clearly summarize the reason(s) you believe that the Respondent(s) owes you this money below:

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.

5. I request and consent to arbitration through the Association in accordance with its Code of Ethics and Arbitration Manual (alternatively, “in accordance with the professional standards procedures set forth in the bylaws of the Board”).

I agree to abide by the arbitration award and, if I am the non-prevailing party, to, within twenty (20) days following transmittal of the award, either (1) pay the award to the party(ies) named in the award or (2) deposit the funds with the Professional Standards Administrator to be held in an escrow or trust account maintained for this purpose.

Failure to satisfy the award or to deposit the funds in the escrow or trust account within this time period may be considered a violation of a membership duty and may subject the member to disciplinary action at the discretion of the Board of Directors consistent with Section 53, The Award, Code of Ethics and Arbitration Manual.

In the event I do not comply with the arbitration award and it is necessary for any party to this arbitration to obtain judicial confirmation and enforcement of the arbitration award against me, I agree to pay the party obtaining such confirmation the costs and reasonable attorney's fees incurred in obtaining such confirmation and enforcement.*

6. I understand any party may request mediation of a dispute by contacting the association’s Professional Standards Administrator.

7. I understand that the submission of an arbitration request requires a $500 deposit*

Yes

8. I understand that I may be represented by legal counsel, and that I should give written notice no less than fifteen (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.*

9. 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.*

10. The following REALTOR® nonprincipal (or REALTOR-ASSOCIATE® non-principal) affiliated with my firm has a financial interest in the outcome of the proceeding and has the right to be present throughout the hearing:*

Email*

Phone*

All parties appearing at the hearing may be called as witnesses without advance notice.

11. 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 one hundred eighty (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.

Date alleged dispute took place:
MM slash DD slash YYYY

12. 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 twenty (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.*

13. Are the circumstances giving rise to this arbitration request the subject of civil litigation:

Yes

No

14. 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.*

15. Address of the property in the transaction giving rise to this arbitration request:
Street Address City ZIP Code

16. The sale/lease closed on:*
MM slash DD slash YYYY

[Please attach documentation that demonstrates the transaction involved in the dispute has closed escrow or a lease has been executed.]

Documentation is attached:

Yes

No

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

File

Drop files here or

Accepted file types: pdf, Max. file size: 8 MB.

Complainant(s)
In cases where arbitration is requested in the name of a firm comprised of REALTORS® (principals), the request must be signed by at least one of the REALTOR® principals of the firm as a complainant.

Complainant’s Acknowledgement
This complaint is true and correct to the best knowledge and belief of the undersigned and is filed within one hundred and eighty (180) days of the time of the alleged offense and facts relating to it could have been known in the exercise of reasonable diligence or within one hundred and eighty (180) days after the conclusion of the transaction whichever is later.

Signature of REALTOR® principal*
I understand that should the Grievance Committee Panel dismiss this ethics complaint in part or in total I have twenty (20) days from my transmittal notice to appeal the dismissal to an Appeal Tribunal. I understand that by entering my electronic signature below I agree to have all correspondence, documents, and notices sent electronically to the email address listed below and I am solely responsible for ensuring such emails are not blocked.

Firm Name

Email

Phone

Date
MM slash DD slash YYYY

Add additional complainant?

Yes

No

Name
First Last

Digital Signature of REALTOR® principal

Firm Name

Email

Phone

Date
MM slash DD slash YYYY

Add additional complainant?

Yes

No

Name
First Last

Digital Signature of REALTOR® principal

Firm Name

Email

Phone

Date
MM slash DD slash YYYY

Payment & Filing Submission

Arizona REALTORS® requires a $500 arbitration filing deposit. Should AAR’s Grievance Committee accept your arbitration request, you will first proceed to a mandatory mediation conference. In the event that the dispute is resolved via mediation, all arbitration filing deposits will be refunded. If the request proceeds to a hearing and you prevail at the hearing, the arbitration filing deposit will be returned to you. If you do not prevail at the hearing, the arbitration filing deposit will be retained by the association to help cover costs.

Download Credit Authorization Form

Upload Completed Credit Authorization Form*
Accepted file types: pdf, Max. file size: 8 MB.

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