BETWEEN 2014 AND 2017, NVAR witnessed a dramatic rise in the number of filed ethics complaints. By 2018, Complainants and Respondents found themselves waiting for a year (or more) between the date the complaint was filed and the date of the ethics hearing. This delay caused considerable frustration to everyone involved in the process.

In early 2018, volunteer leaders and staff began to reconsider the effectiveness of the existing ethics complaint process, asking several questions:

1. Did NVAR’s model of relying almost exclusively on the ethics complaint process achieve the goal of increasing professionalism?
2. Was there a more efficient way to achieve the same results, or even improve upon them?
3. What could volunteer leaders and staff do to reinforce the reputation of NVAR members as the top professionals around?

After this analysis, a new direction emerged: provide relevant education in an effort to prevent ethical violations, and when issues do occur, encourage parties to find an amicable resolution outside of the ethics complaint process.

"If brokers and managers do not have a clear understanding of the rules, they are unable to ensure that their agents are following them." - George M. Bigus, NVAR Ombdusman

By the end of 2018, the number of ethics complaints filed at NVAR had plateaued, with no increase. This was a positive start under the new model.

In 2019, the model has resulted in even greater success: 1) the utilization of alternative dispute resolution services – parties communicating and finding resolution outside of filing a complaint – has increased; 2) the number of ethics complaints filed with NVAR has decreased; and 3) a high percentage of cases were eligible for the Citation System.

Together, these conclusions indicate that fewer complaints required ethics hearings. By the end of 2019, complaints were being adjudicated within eight months of filing – versus up to 15 months in 2018.

Rob Wittman, 2020 vice chair of the NVAR Grievance Committee and a Realtor® with Keller Williams Realty, believes these numbers show a start to improvement.

“There is more work to be done,” Wittman says.

Ray Powers, 2020 chair of the NVAR Professional Standards Committee and a Realtor® with Samson Properties, agrees.

“While there is a higher level of professionalism, there is still a long way to go,” Powers says.

NVAR continues to receive a high number of complaints alleging that Realtors® are accessing properties without permission or providing other parties with the means to access properties without authorization,” Powers explains.

George M. Bigus, an NVAR Ombudsman and a Realtor® with Realty Support Services, thinks that these issues start at the top – with brokers and office managers.
“If brokers and managers do not have a clear understanding of the rules, they are unable to ensure that their agents are following them,” says Bigus.

NEXT STEPS

NVAR is working to educate the membership and provide the applicable rules in a way that can easily be taught by the association and by brokers and managers. In early 2020, NVAR will roll out the updated Regional Rules and Regulations for the SentriLock Lockbox System. These new rules, which include the use of One-Day Codes, were written to make it easier for members to understand and for brokers to teach.

Many, if not most, ethics violations occur out of ignorance and are not deliberate. When appropriate, the Citation System will be utilized for cases where a full ethics hearing is not necessary. This enables NVAR to educate the member in a manner that is more effective and efficient.

The updates will also discourage future violations through citations and education.

The NVAR Professional Standards Advisory Group will be presenting relevant and engaging educational events and materials in 2020. This group will be a primary force behind NVAR’s ultimate goal of preventing unethical behavior by providing members with relevant, timely and engaging education on professionalism.

This new educational series will cover a variety of topics to assist members in their profession and business.

Jeffery Shumaker, 2020 NVAR Professional Standards Committee member believes that sometimes Realtors® may forget that people hire them to help them with selling or buying their homes. “We have earned their trust over a number of years and this trust can be lost in an instant with a member of the public based upon one interaction,” Shumaker says. “We must treat the public, and each other, with respect and honesty,” Shumaker adds.

That’s the bottom line. The Code of Ethics is not simply a set of rules for Realtors® to follow – it exists to teach and instruct Realtors® about what it means to be a professional providing clients and customers with excellent real estate service.

PROFESSIONAL STANDARDS NUMBERS:

Ethics Complaints Filed January 1, 2019 to December 31, 2019  COMPLAINTS FILED – 100 Of the 100 cases filed by December 31, 2019: 30 cases were forwarded to a Professional Standards (PS) Hearing by the Grievance Committee (GC) 29 cases were dismissed by the GC 28 cases resulted in an issued citation by the GC 10 cases were withdrawn by the Complainant (8 prior to GC, 2 following GC) 3 cases are pending review by the GC Of the 29 ethics hearings held in 2019, Respondents were found in violation in 17 of those hearings. 33 complaints filed alleging violations of the SentriLock Rules and related Articles of the Code of Ethics 27 complaints filed alleging advertising violations under Article 12

Ethics Complaints Filed in 2018  COMPLAINTS FILED – 120 Of the 120 cases filed in 2018: 44 cases were forwarded to a PS hearing 24 cases were dismissed 41 cases were issued a citation 11 cases were withdrawn by the Complainant (9 prior to GC, 2 following GC) Of the 31 ethics hearings held in 2018, Respondents were found in violation in 17 of those hearings. 37 complaints filed alleging violations of the SentriLock Rules and/or related Articles of the Code of Ethics 28 complaints filed alleging advertising violations under Article 12

Total Complaints Filed 2019 – 100 2018 – 120 2017 – 120 2016 – 90 2015 – 72 2014 – 42

Arbitration Claims Filed January 1, 2019 to December 31, 2019 CLAIMS FILED – 12 Of the 12 claims filed in 2019: 1 withdrawn by Claimant 1 settled prior to GC review 2 settled prior to mandatory mediation 4 settled in mandatory mediation 2 pending mandatory mediation

 
Stevie Fisher is the NVAR associate director of professional services.