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Professional Standards

Mission

The Professional Standards Committee conducts ethics and arbitration hearings to enforce the provsions in the REALTOR® Code of Ethics and to arbitrate business disputes arising out of commission descrepancies.

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Grievance Committee Education & Events

1. Code Of Ethics - Administering the Articles and standards of practice of the National Association of REALTORS® Code of Ethics complaint process is not a job to be taken lightly. Extensive knowledge of the code is critical for the proper review of ethics and arbitration complaints.

2. Dispute Resolution System - Adopted by the Berkshire County Board of REALTORS, the Dispute Resolution System (DRS) is administered by an impartial entity, the Berkshire Housing Authority in Pittsfield. This process provides for the settlement of financial disputes involving buyers, sellers, REALTORS or any party to a Purchase and Sale Agreement.

3. Fair Housing Pledge - Fair Housing is a critical part of the Code of Ethics and the Professional Standards Members administers disapline for fair housing violations.

4. Licensing Complaints - When a breach of public trust is involved in a transaction, an Ethics allegations is held in abeyance while the licensing authority processes license law complaints. If the Professional Standards hearing panel finds a REALTOR® in violation of the Code of ethics and finds further a breach of public trust, the Board forwards that decision to the licensing authority independently of the complainant.

5. REALTOR® Arbitration - The process of determining procuring cause can only be applied in limited circumstances when a commission dispute arises from a real estate closing. There are extensive factors that a panel considers when determining who should be awarded funds from the proceeds of a real estate sale.

6. REALTOR® Mediation - This mediation process is made available when a complaint has been filed and has not yet been seen by the Grievance Committee. Once the Grievance Committee reviews a complaint (or request for Arbitration) Mediation is again offered as an alternate form of resolution.

7. The REALTOR® Promise - The REALTOR Promise is oath pledged when joining the REALTOR® association and is founded in the principals of the Code of Ethics

8. Professional Standards Quadrennial On-Line Training - An option for those REALTORS® seeking to satisfy their membership requirements every four years.

Committee Member Responsibilities:

• Be aware of the concepts of due process and be faithful to those concepts in all matters with which they deal.

• In the case of an Ethics Hearing, to hear the matter, make findings of fact, render a decision and recommend appropriate penalty if violation of the Code is determined.

• In the conduct of any Hearing, make a calm, objective and judicial atmosphere.

• In the conduct of an arbitration hearing, to maintain high ethical standards of integrity, faithfulness to agency and fairness to all parties.

• Attend annual Professional Standards Training program.

Committee Composition:

At least 30 members, appointed by the President. The President's appointments should be carefully evaluated as to real estate experience, Board Service, judicial temperament and competence.

Chairperson's Responsibilities:

• To appoint hearing panels for Ethics & Arbitration Tribunals
• Conduct periodic meetings for the purpose of Committee education regarding new procedures.
• Review Appeals to detemine if an appeal panel before the Board of Directors should be convened