Alternative to Litigation

Arbitration Complaint

What is an Arbitration Complaint?

 

An Arbitration Complaint serves as an alternative avenue to traditional litigation. It provides a means to address real estate disputes, particularly those revolving around financial matters, outside of a costly courtroom procedure. This method offers parties involved in the dispute an opportunity to seek resolution through a less formal and often more expedited process. Arbitration through the association involves a neutral third party, the arbitrator panel, who evaluates evidence and ultimately renders a decision that both parties agree to abide by. Individuals within the real estate industry can mitigate the time, expenses, and complexities associated with traditional litigation, while still working towards a fair and binding resolution to their conflict.

A complaint must be filed with the Santa Barbara Association of REALTORS® within 180 days after the closing of the transaction, if any, or after the facts and circumstances constituting the arbitrable matter could have been known in the exercise of reasonable diligence, whichever is later.

Know before you file

 

It is advised that you become familiar with the Code of Ethics and Arbitration Manual, as it sets forth the rules used to process complaints. The arbitration hearing tribunal may provide legal and equitable relief to the parties; it does not, however, impose disciplinary action. Also, the Association is not a governmental entity; therefore, it does not have authority to take action regarding the licensing status of its members.

Keep in mind:

  •  Arbitrations do not address ethical behavior or the Code of Ethics
  • Only REALTORS® or MLS Subscribers/Participants fall under the jurisdiction of the Santa Barbara Arbitration process
  • We do not arbitrate between members of the same office
  • Arbitrations between members are broker-to-broker
  • Arbitrations cannot proceed simultaneously with another process such as a lawsuit or Ethics complaint

 There is a non-refundable $500 filing fee for an arbitration. This fee may be requested as part of the arbitration settlement.

 

Filing a Complaint

 

If you have an arbitrable issue, we request that any licensee or member of the public first take the following steps to resolve the situation:

  1. Contact the broker of record. You can easily look up agent information on the Department of Real Estate site: www.dre.ca.gov 
  2. If the issue is one of communication, please try the Ombudsman program
  3. If no resolution can be found, you may always file a complaint.

 

When Filing

 

  • Complaints must be filed within one hundred and eighty (180) calendar days after the closing of the transaction, if any, or after the facts and circumstances constituting this arbitrable matter could have been known in the exercise of reasonable diligence, whichever is later.
  • Your complaint should include a narrative description of the circumstances, any receipts, emails, text messages that support your claim, known as Exhibits
  • Be prepared to remit payment for the non-refundable $500 filing fee
  • If you are/were a client:You have a right to initiate a court action to resolve the dispute. If you elect to use the Association arbitration process, you may be waiving your rights to have this dispute heard and resolved in a court of law. As such, you may want to consult an attorney prior to filing an arbitration complaint with the Association.

 Association arbitration is only available to resolve disputes between REALTOR® members of the Association and their clients. If you have a dispute with a real estate broker or agent who is not a member of the Association or who did not represent you in a legal agency capacity, the Association does not have jurisdiction to process an arbitration complaint against or including such persons. In these situations, it is recommended you consult an attorney to determine the most appropriate course of action to resolve your dispute with that person.

Filing a Complaint (Process)

 

Download and fill out the complaint form, and submit to Stephanie Caballero (information below) with your payment of $500 and any Exhibits to support your complaint.  You will be contacted within a few days with any questions or concerns to properly proceed. Once reviewed, you will receive a case number for the complaint.

Arbitration Complaint form for a REALTOR® member

Arbitration Complaint form for a client of a local REALTOR® member

View Bylaws and Governing Documents in our About Us 

 

Claudia Bugarin

Consultant Statewide Professional Standards Pilot

claudiab@car.org

213-739-8351

https://www.car.org/mlspro/CAR-Statewide-Professional-Standards

 

 

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