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Ethics Complaints
REALTOR® Ethics - Ethics Complaints
The Greater San Diego Association of REALTORS® (SDAR) is responsible for enforcing the Code of Ethics for its members and can administer discipline to any SDAR REALTOR® member found to be in violation of the Code of Ethics. If they are a member of another association, the other association must be contacted.
Keep in mind: SDAR has legal limits on its authority. We cannot conduct a hearing to determine violations of law, nor can we enforce contracts or award monetary damages to a party in a case. These powers are reserved for the courts and/or state licensing authority. We also do not have the power to revoke an individual’s real estate license, which falls under the authority of the California Department of Real Estate.
REALTORS® abide by the strict standards of the Code of Ethics. If a REALTOR® has failed to meet these standards, you have the following options to resolve your dispute:
Contact the Broker:
Contact the REALTOR’S® broker to inform him or her what happened. It could lead to a quick resolution.
Use the C.A.R. Ombudsman Program
Available exclusively for C.A.R. members. A C.A.R. ombudsman will work with both parties to resolve non-legal disputes. Contact an ombudsman. Click Here
File an Ethics Complaint
If contacting the broker and talking to an ombudsman don’t resolve the problem, you can file a formal ethics complaint. REALTORS® before submitting your ethics complaint we highly recommend you contact the Peer-to-Peer Ethics Infoline. A C.A.R. member will help you determine which articles of the code of ethics, if any, were violated.
Need Help Filing Your Ethics Complaint?
An SDAR Ethics Advocate is an advocate for the ethics process and will act as your guide through the disciplinary hearing procedural process. If you choose to have an ethics advocate assist you. The Ethics Advocate does not take the place of an attorney. You may have an Ethics Advocate in addition to an attorney if you choose to hire an attorney.
An SDAR Ethics Advocate is authorized to:
Explain the Code of Ethics Articles
Help you organize your Complaint/Response and Exhibits
Review the Overview of Hearing Procedures
To request an SDAR Ethics Advocate, Click Here.
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 be given the opportunity to appeal the dismissal. Appeals are conducted by the Board of Director’s appellate panel, who can only consider original evidence.
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.
Ethics Hearings
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.
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.
Back to Risk Management
Learn more About Risk Management to help protect yourself and your business as well as alternatives to mediation.
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Attorneys & Legal
In need of an attorney or legal advice? SDAR can help. Access your member benefits at the C.A.R. Legal Hotline or find an attorney by clicking below
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Risk Management Resources
A comprehensive collection of easily implemented risk management tools and strategies designed to protect REALTORS’® future success
Learn MoreAbout Advocacy
As the largest trade association in San Diego County, SDAR is one of the most influential voices shaping public policies impacting the region’s real estate industry.
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