Realtors are committed
In Idaho, all real estate agents operate at the will and under the tutelage of their broker. Ultimately, it is the broker who controls the business dealings you have with the agent. Although all Realtor agents subscribe to the National Association of Realtors Code of Ethics, from time to time their conduct is called to question.
A Realtor's primary obligation is to their client. When you sign a listing agreement or buyer representation agreement with an agent, you are entering into a contract that is enforceable and you become a client. Although these contracts are usually presented by agents, it is the broker who is held accountable for enforcing the agreement. In other words, the buck stops with the broker.
The broker reserves final say when it comes to who they choose to represent them (agent) and which clients they choose to represent. The broker is responsible for and signs off on any changes in contracts, maintains the trust account for earnest money and is held accountable by the state for the actions of the agents who work under their supervision. If you experience a problem of any type with an agent, the broker assumes responsibility. If a problem cannot be resolved with your agent, your first call should be to the broker.
Whether agent or broker, "Realtor" is a title reserved for members. The Association of Realtors has several levels, local, state and national. Realtors and their brokers have agreed, through their membership, to be held accountable at each of these levels.
The Coeur d'Alene Association of Realtors governs the activities of our members through processes mandated and governed by the state. The State Association is governed by NAR.
Through our governance we have systems in place for conflict resolution. The association will inform you how to file a complaint and the processes which follow, which may be arbitration, mediation or a formal hearing.
Complaints are often filed due to breaches of the Realtor Code of ethics. You may find
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this Code on our Web site or at the NAR Web site; realtor.org. Once an ethics complaint is received it is forwarded for peer review to a Grievance Panel which is constructed of members who have demonstrated a thorough understanding of the Code to which we subscribe. If a violation has occurred, the complaint is forwarded to our Professional Standards Committee who will recommend the appropriate discipline. These disciplines may include fines, suspension, further education without credit or the complaint may be forwarded to the Idaho Real Estate Commission for legal action which could cause revocation of the agent's license and sanctions of the agent's broker.
In the unlikely event that you are not able to satisfactorily resolve a conflict with your agent's broker, the CAR is your next resource for satisfaction. We are committed to our clients in negotiations for and the marketing of your properties. In addition, we are obligated by law to exercise skill and care of our clients and we have processes in place to help you if your agent has not demonstrated that commitment. Please make use of these carefully designed processes if your attempts to resolve them with the broker bring you no satisfaction.
To find a Realtor to represent you or to search the Multiple Listing Service for suitable properties, visit the Coeur d'Alene Association of Realtors Web site; www.cdarealtors.com.
Kim Cooper is a Realtor broker and the spokesman for the Coeur d'Alene Association of Realtors. Kim and the association invite your commentary and feedback. You may contact them by calling 667-0664 or by writing to them at 409 W. Neider, Coeur d'Alene, ID 83815.