Arbitration

A dispute arising out of the real estate business as defined by Article 17 of the Code of Ethics exists between me (or my firm) and the following:

There is due, unpaid and owing to me (or I retain) from the above-named Respondents the sum of:

The following REALTOR® non-principals (or REALTOR Associate® non-principals) affiliated with my firm has a financial interest in the outcome of the proceeding and may be called as a witness, and has the right to be present throughout the hearing:

Upload any files or attachments you deem relevant to your arbitration request. If you provided your written narrative or statement earlier and are not uploading any documents, you may proceed to the next page.

If you did not supply a written narrative or statement to support your request on the previous page, please upload it here.

Examples of files or attachments you may upload

• Narrative/Timeline/Statement
• Offers of Compensation
• Emails
• Contracts
• Screenshots
• Text Messages
• Showing Records

Request and Agreement to Arbitrate

The undersigned, by becoming and remaining a member of the Chicago Association of REALTORS® (or Participant in its MLS), has previously consented to arbitration throught the Board under its rules and regulations.

I am informed that each person named in my request is a member in good standing of the Board (or Participant in its MLS), or was a member of said Board of REALTORS® at the time the dispute arose.

Parties are strongly encouraged to provide any and all documents and evidence they intend to introduce during the hearing to the other party(ies) and to the association prior to the day of the hearing. Providing documents and evidence in advance can expedite the hearing process and prevent costly, unnecessary continuances.

I request and consent to arbitration through the Board in accordance with its Code of Ethics and Arbitration Manual (alternatively, “in accordance with the professional standards procedures set forth in the bylaws of the Board”). I agree to abide by the arbitration award and, if I am the non-prevailing party, to, within ten (10) days following transmittal of the award, either (1) pay the award to the party(ies) named in the award or (2) deposit the funds with the Professional Standards Administrator to be held in an escrow or trust account maintained for this purpose. Failure to satisfy the award or to deposit the funds in the escrow or trust account within this time period may be considered a violation of a membership duty and may subject the member to disciplinary action at the discretion of the Board of Directors consistent with Section 53, The Award, Code of Ethics and Arbitration Manual.

In the event I do not comply with the arbitration award and it is necessary for any party to this arbitration to obtain judicial confirmation and enforcement of the arbitration award against me, I agree to pay the party obtaining such confirmation the costs and reasonable attorney’s fees incurred in obtaining such confirmation and enforcement.

I enclose my payment in the sum of $500.00 for the arbitration filing fee.

I understand that I may be represented by legal counsel, and that I should give written notice no less than fifteen (15) days before the hearing of the name, address, and phone number of my attorney to all parties and the Board. Failure to provide this notice may result in a continuance of the hearing, if the Hearing Panel determines that the rights of the other party(ies) require representation.

Each party must provide a list of the names of witnesses he intends to call at the hearing to the Board and to all other parties not less than fifteen (15) days prior to the hearing. Each party shall arrange for his witnesses to be present at the time and place designated for the hearing.

All parties appearing at a hearing may be called as a witness without advance notice.

I declare that this application and the allegations contained herein are true and correct to the best of my knowledge and belief and this request for arbitration is filed within one hundred eighty (180) days after the closing of the transaction, if any, or within one hundred eighty (180) days after the facts constituting the arbitrable matter could have been known in the exercise of reasonable diligence, whichever is later.

If either party to an arbitration request believes that the Grievance Committee has incorrectly classified the issue presented in the request (i.e., mandatory or voluntary), the party has twenty (20) days from the date of transmittal of the Grievance Committee’s decision to file a written appeal of the decision. Only those materials that the Grievance Committee had at the time of its determination may be considered with the appeal by the Board of Directors.

Important note related to arbitration conducted pursuant to Standard of Practice 17-4 (1) or (2): Where arbitration is conducted between two (or more) cooperating brokers pursuant to Standard of Practice 17-4 (1) or (2), the amount in dispute and the amount of any potential resulting award is limited to the amount paid to the respondent by the listing broker, seller, or landlord and any amount credited or paid to a party to the transaction at the direction of the respondent.

Agreements to arbitrate are irrevocable except as otherwise provided under state law.

Before you submit your arbitration request, please read the following:

• All arbitration filings are reviewed by CAR's Grievance Committee. The Grievance Committee looks to determine whether the arbitration request was properly filed and whether the matter at issue is related to a real estate transaction and is properly arbitrable.
• If the Grievance Committee forwards your request for an arbitration hearing, CAR requires a mandatory mediation session prior to an arbitration hearing. Mediation allows for an informal conversation and an opportunity for each side to understand the other parties’ position. Therefore, once the Grievance Committee has reviewed your arbitration request and if they have determined that an arbitrable matter exists, a mediation conference will be scheduled. Often an agreement is reached during mediation which is acceptable to both sides. If the mediation conference is not successful, an arbitration hearing will then be scheduled.
• If the Grievance Committee dismisses your arbitration request or if you disagree with their classification of the arbitration (mandatory or voluntary), you have 20 days to appeal that decision to the Board of Directors of the Chicago Association of REALTORS®.
• The $500.00 filing fee will be returned to the complainant if the Grievance Committee dismisses the arbitration request, the complainant withdraws their arbitration request prior to the conclusion of any arbitration hearing, the parties resolve their dispute through any informal dispute resolution such as mediation, or settle the matter in any other way prior to the conclusion of any arbitration hearing.