Filing an Ethics Complaint
Filing an ethics complaint is a simple and straightforward 5 Step process. Each blank field within the form must be completed before you can proceed to the next step.
After naming the SDAR REALTOR® Respondent, you will be required to provide a summary describing the alleged allegation for each article cited in your complaint. You can also include a more in-depth summary in the supporting documents section. If you would like help with this part of the process you can request an SDAR Ethics Advocate by clicking here it is highly recommended that you request an SDAR Ethics Advocate prior to submitting a formal complaint.
In Step 3 you are required to supply supporting documents that substantiate your complaint. You must save your documents in PDF format to upload them. Documents must be smaller than 50MB and you need to wait until they have been uploaded before proceeding to Step 4. Documents should be consolidated into one file and in English. You may want to consult the Code of Ethics to assist you in the process.
All communication regarding your complaint will be sent electronically via email from [email protected] please save this email address in your contacts.
To File a Formal Ethics Complaint, Click Here.
After You File an Ethics Complaint
After you file, the Grievance Committee will review your complaint to determine if the allegations made, if taken as true, might support a violation of the Article(s) cited in the complaint.
There are two possible outcomes:
If the Grievance Committee dismisses your Complaint, it means they don’t feel your allegations would support a hearing panel’s conclusion that the Article(s) cited in your complaint had been violated. Please note: if your complaint is dismissed you will be given the opportunity to appeal the dismissal. Appeals are conducted by the Board of Director’s appellate panel, who can appeal due to procedural deficiency or any lack of procedural due process, the fine amount, or misappropriation of the Code of Ethics..
If the Grievance Committee forwards your Complaint for a hearing, that doesn’t mean they have decided the Code of Ethics has been violated. Rather, it means that if what you allege in your complaint is found to have occurred by the hearing panel, the panel may have reason to find a violation of the Code of Ethics. The respondent will be notified of their right to file a response and a hearing will be scheduled.
If the Complaint is forwarded to a hearing the Respondent may file a cross complaint against the Complainant if they are a REALTOR®. If the cross complaint is forwarded to a hearing; both complaints will be heard at the same hearing.
A Cross Complaint can be filed after the conclusion of the first hearing as long as it is within 180 days from the date of knowledge.
Hearing panel members are unpaid volunteers. Their objective is to be fair, unbiased, and impartial. To learn more about ethics complaints and hearings, Click Here.
For the potential disciplinary action if a member is found to be in violation, Click Here.
A hearing has three possible outcomes:
Parties accept the panel’s decision. The Board of Directors then ratifies the decision.
The Complainant appeals. Can only appeal due to procedural deficiency or any lack of procedural due process.
The Respondent appeals. Can appeal due to procedural deficiency or any lack of procedural due process, the fine amount, or misappropriation of the Code of Ethics.
Appeals are conducted by the Board of Directors’ appellate panel, who can only consider original evidence.
Only three grounds for review are:
Misapplication or misinterpretation of Article or Rule
Lack of procedural due process
Unwarranted (too harsh) discipline
Learn More or Schedule a Mediation