Arbitration

The duty of REALTORS® to arbitrate is based in the Code of Ethics, specifically, Article 17, which provides:

  • In the event of contractual disputes or specific non-contractual disputes as defined in Standard of Practice 17-4 between REALTORS® (principals) associated with different firms, arising out of their relationship as REALTORS®, the REALTORS® shall submit the dispute to arbitration by following the regulations of their Board or Boards rather than litigate the matter.
  • The obligation to participate in arbitration contemplated by this Article includes the obligation of REALTORS® (principals) to cause their firms to arbitrate and be bound by any award.
  • While many disputes that arise between REALTORS® will involve contractual questions, there may also be related "non-contractual" issues or questions that arise under certain circumstances. For that reason, the duty to arbitrate encompasses not only contractual issues but also several specific non-contractual issues enumerated in Standard of Practice 17-4.

Visit the dropdown below to learn about GMAR's Arbitration Process.  

  • Participation in a professional standard hearing - arbitration or ethics - can be an intimidating experience for first-time participants and witnesses. Knowing what will likely happen can make it a less stressful experience.

    Although the arbitration hearing process is based on a civil trial's judicial model, there are important differences between a trial and an arbitration hearing. While parties to any professional standards proceeding are entitled to fundamental due process, technical rules of evidence and procedure do not apply in an arbitration hearing. While the burden of proof rests with the parties, arbitration panel members can ask questions (directly or through the chair) to ensure that they clearly understand relevant issues and facts. This is key to rendering a fair decision.

  • Duty and Privilege to Arbitrate

    By becoming and remaining a Realtor® member and by signing or having signed the agreement to abide by the bylaws of the Board, every member, where consistent with applicable law, binds himself or herself and agrees to submit to arbitration (and to mediation if required) by the Board’s facilities all disputes as defined by Article 17 of the Code of Ethics and, as set forth in the provisions of this Manual, all disputes with any other member, as defined, under the following conditions.

    The duty to submit to arbitration continues in effect even after membership lapses or is terminated, provided that the dispute arose while the respondent was a REALTOR® or an MLS Participant. (Amended 11/11)

    Read on by clicking the "Learn More" button. 

    Learn More
  • Request for Arbitration

    What to Include:

    • Request and Agreement to Arbitrate Form #A-1 or Request and Agreement to Arbitrate – (Non-Member)
    • A narrative description of the events that lead to the request
    • Copies of all relevant real estate documents in your possession such as Listing Agreement, Purchase Agreement, MLS tickets, Agency Agreements, or any other documents which support your claim
    Learn More
  • Time Limitation

    Arbitration must be 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.

  • Filing Fee

    There is a $250 arbitration-filling fee to be submitted payable to GMAR and the executed Request for Arbitration form.

  • Next Steps

    Once we receive your completed Form #A-1, narrative, pertinent documents, and filing fee, we will forward it to the Grievance Committee for review at their next monthly meeting.

    The function of the Grievance Committee is to make only such preliminary review and evaluation of the request for arbitration as is required to determine whether the matter is properly arbitrable; whether arbitration is mandatory or voluntary based upon the requirements; and whether the proper parties are named in the request for arbitration. The Grievance Committee does not hold hearings and does not determine entitlement to awards.