In order to file an arbitration, a request must be filed using Request and Agreement to Arbitrate. Your Request and Agreement to Arbitrate should include a supporting document in the form of a narrative or chronological summary of the events that occurred.
Once the Request and Agreement to Arbitrate and supporting document is complete, submit it to Jacquie Wolff at the Denver Metro Commercial Association of REALTORS® (DMCAR), along with a check for $250 payable to DMCAR, for the arbitration deposit (collected from each party). A copy of your Request and Agreement to Arbitrate will then be sent to the respondent, who has 14 days to submit a response and deposit.
Once the response is received by DMCAR, the case is sent to the DMCAR Grievance Committee Chair for the assignment of a panel to conduct a review. This panel’s responsibility is to review the case, and based on a certain set of guidelines they must follow, will determine if the case should be referred to hearing or dismissed.
If the case is referred to hearing, the DMCAR Professional Standards Committee will appoint a panel to hear the case and determine how the money dispute should be resolved. Arbitration is binding. The hearing is typically held at the DMCAR office, and is set for a time convenient for all parties.
If referred to hearing, this process usually takes about two months since we must allow reasonable time for responses, for action by the Grievance Committee, scheduling, etc.
Note: Disputes between members from two different Boards/Associations are handled by the Colorado Association of REALTORS® (303)790-7099.
Q: Is there a statute of limitations for filing arbitration requests?
A: Yes. 180 days from the time that you could have known there was a dispute.
Q: I’d like to file a complaint, but am worried about confidentiality.
A: All arbitrations are kept strictly confidential. Only staff involved in the administration of cases, along with the assigned members from the Grievance and Professional Standards Committees, have access to arbitration cases.
Q: Is there a special form I should use when filing a request for arbitration?
A: File an arbitration request using Request and Agreement to Arbitrate, available from DMCAR. Form should include a supporting document in the form of a narrative or chronological summary of the events that occurred.
Q: Where do I submit the arbitration request?
A: If your request for arbitration is with another member of DMCAR, submit the request to Jacquie Wolff at DMCAR. If your request for arbitration is with a member of another Board/Association, it should be filed at the Colorado Association of REALTORS®.
Q: Is there a cost to request arbitration?
A: Yes. Both parties submit a $250 filing fee; the prevailing party’s fee is returned, and the remainder used to cover the cost of the hearing. If the case does not go to hearing, filing fees are returned.
Q: How do I know whether to file an ethics complaint or request arbitration?
A: Ethics complaints are filed about behavior; arbitration is requested when there is a commission dispute.
Q: Can I file an arbitration request and an ethics complaint at the same time?
A: Yes. Both case types can be filed at the same time. If the cases go to hearing, arbitration hearings are held first.
Q: Will the person who I’m filing against be notified of my complaint?
A: Yes. Once your request has been submitted to DMCAR, it is sent to the respondent for a reply.
Q: Who establishes the rules that DMCAR follows in handling arbitrations?
A: DMCAR is required to follow the rules of the Code of Ethics and Arbitration Manual of the National Association of REALTORS®.
Q: How long does the process take?
A: If arbitrations go to hearing, the process may take up to 2 months. This is because of the time that must be allowed for responses, proper notification, scheduling, etc.
Q: Is arbitration binding?
A: Yes. Members agree to abide by the Code of Ethics, which includes binding arbitration.
Q: Do I have to use DMCAR’s arbitration if I have a commission dispute?
A: Yes. The Code of Ethics requires members to first submit to arbitration before taking a dispute to the civil courts.