INDIANA ASSOCIATION OF REALTORS®, INC.
To Whom It May Concern:
Attached are the materials required to file an Ethics Citation Complaint. You, as the Complainant, may file a ethics citation complaint against a REALTOR® member alleging a violation of the Code of Ethics, providing the complaint:
1. is in writing
2. is signed
3. states the Article and specific citation violated (sheet attached)
4. is filed within 180 days after the facts became known
Please Note: The citation complaint cannot cite violations based on Articles or Standards of Practice other than those spelled out in this policy.
If the Ethics Citation Panel believes a violation has occurred, they will issue a citation and impose discipline consistent with IAR’s Citation Schedule. In the event the members of the Ethics Citation Panel determine the conduct described in the complaint is sufficiently egregious to warrant a hearing rather than a citation, the complaint shall be referred to the Grievance Committee to determine if the complaint should be forwarded to the Professional Standards Committee for a hearing consistent with the policies and procedures set forth in the Code of Ethics and Arbitration Manual. If the complaint is forwarded, the complainant who initially filed the complaint will be notified and will be afforded all due process rights provided for in the Code of Ethics and Arbitration Manual.
Send the completed complaint form and all accompanying documents to:
Indiana Association of REALTORS®
c/o Laura Sallie, Professional Standards Administrator
800 East 86th Avenue, Suite A, Merrillville, Indiana 46410
OR
email to lsallie@indianarealtors.com
Professional Standards Administrator
800 East 86th Ave, Suite, A
Merrillville, IN 46410
Phone (219) 895-5357
is a registered mark which identifies a professional in real estate who subscribes to a strict code of ethics as a member of the National Association of REALTORS®
INDIANA ASSOCIATION OF REALTORS®, INC.
IAR Ethics Citation Complaint Form
To the Citation Panel of the Indiana Association of Realtors®
Case # __________________________ Date Filed: _______/______/______
(Office use only)
Complainant: ___________________________________________________________________________________________
Respondent: ____________________________________________________________________________________________
The undersigned Complainant charges that the Respondent has engaged in conduct subject to disciplinary action by the Association. Clear, strong, and convincing evidence must accompany this complaint.
Are the circumstances giving rise to this ethics citation complaint involved in civil or criminal litigation or in any proceeding before the state real estate licensing authority or any other state or federal regulatory or administrative agency? Yes ____ No ____ if yes, Cause #____________________.
You may file an ethics citation complaint in any jurisdiction where a REALTOR® is a member or MLS participant. Note however that the REALTORS® Code of Ethics, Standard of Practice 14-1 provides, in relevant part, “REALTORS® shall not be subject to disciplinary proceeding in more than one Board of REALTORS®… with respect to alleged violations of the Code of Ethics relating to the same transaction or event.” Have you filed, or do you intend to file, a similar or related complaint with another Association of REALTORS®? Yes ____ No ____
If so, name of the other Association: _______________________________________________Date Filed: __________________
This complaint is true and correct to the best knowledge and belief of the undersigned and is filed within one hundred eighty (180) days after the facts constituting the matter complained of could have been known in the exercise of reasonable diligence or within one hundred eighty (180) dates after the conclusion of the transaction, or event, whichever is later.
Dates(s) alleged violations(s) took place: _____________________________________________________________________________________________________
Date(s) you became aware of the facts on which the alleged violation(s) (is/are) based: ____________________________________________________
I understand that should the Citation Panel dismiss this ethics citation complaint in part or in total, that I have twenty (20) days from transmittal of the dismissal notice to appeal the dismissal to the Executive Committee of the Indiana Association of REALTORS®.
COMPLAINANT:
________________________________________________________________________________________________________________________________
(Print Name) (Signature) (E-Mail Address) (Cell Phone)
________________________________________________________________________________________________________________________________
(Address, City, State, Zip)
Professional Standards Administrator
800 East 86th Ave, Suite, A
Merrillville, IN 46410
Phone (219) 895-5357
is a registered mark which identifies a professional in real estate who subscribes to a strict code of ethics as a member of the National Association of REALTORS®
INDIANA ASSOCIATION OF REALTORS®, INC.
IAR Citation Sheet
(Please return with the Citation Complaint Form)
Articles may be supported by Standards of Practice (SOP)
Article 1
Articles Violated
Rationale
Failure to provide full disclosure, and obtain consent of both parties, when representing both parties in a transaction. (SOP 1-5)
Failure on the part of a listing broker to provide, as soon as practical, written affirmation that an offer was presented or written notification that the seller/landlord has waived the obligation to have the offer presented, upon written request of a cooperating broker submitting an offer.
(SOP 1-7)
Accessing or using, or allowing others to access or use, a property managed or listed on terms other than those authorized by the owner or seller. (SOP 1-16)
Article 3
Failure to disclose existence of dual or variable rate commissions. (SOP 3-4)
Failure to disclose existence of accepted offers to any broker seeking cooperation. (SOP 3-6)
Providing access to listed property on terms other than those established by the owner or the listing broker. (SOP 3-9)
Article 4
Failing to disclose REALTOR®’s ownership or other interest in writing to the purchaser or their representative.
Article 5
Providing professional services without disclosing REALTOR®’s present interest in property (limited to present interest, not contemplated)
Article 6
Accepting any commission, rebate, or profit on expenditures without client’s knowledge or consent.
Professional Standards Administrator
800 East 86th Ave, Suite, A
Merrillville, IN 46410
Phone (219) 895-5357
is a registered mark which identifies a professional in real estate who subscribes to a strict code of ethics as a member of the National Association of REALTORS®
INDIANA ASSOCIATION OF REALTORS®, INC.
Article 12
Failing to present a true picture in real estate communications, marketing, and advertising.
Failing to disclose status as real estate professional in advertising, marketing, and other real estate communications.
Representing brokerage services to a client or customer as free or available at no cost when the REALTOR® receives compensation from any source for those services. (SOP 12-1)
Advertising property for sale/lease without authority of owner or listing broker. (SOP 12-4)
Failing to disclose name of real estate firm in advertising in a readily apparent manner. (SOP 12-5)
Failing to disclose status as both owner/landlord and REALTOR® or licensee when advertising property in which REALTOR® has ownership interest. (SOP 12-6)
Falsely claiming to have “sold” property. (SOP 12-7)
Failure to disclose firm name and state of licensure on REALTOR® firm website. (SOP 12-9)
Misleading consumers through deceptive framing, manipulating content, deceptively diverting internet traffic, presenting other’s content without attribution or permission, or using misleading images. (SOP 12-10)
Registering or using of deceptive URL or domain name. (SOP 12-12)
Representing that the REALTOR® has a designation, certification, or other credential they are not entitled to use. (SOP 12-13)
Article 14
Failing to cooperate in a professional standards proceeding or investigation.
Article 16
Use of terms of an offer to modify listing broker’s offer of compensation. (SOP 16-16)
Placing for sale/lease sign on property without permission of seller/landlord. (SOP 16-19)
Professional Standards Administrator
800 East 86th Ave, Suite, A
Merrillville, IN 46410
Phone (219) 895-5357
is a registered mark which identifies a professional in real estate who subscribes to a strict code of ethics as a member of the National Association of REALTORS®