Arbitration | Chicago Association of REALTORS®

ARBITRATION

According to Section 44 of the National Association of REALTORS® Code of Ethics and Arbitration Manual, an arbitrable matter exists when there is a monetary dispute between two managing brokers of two separate offices as it relates to co-op commissions. By becoming and remaining a member of the Chicago Association of REALTORS®, every member agrees to submit to arbitration by the Board’s facilities as defined in Article 17 of the Code of Ethics.

What do I need to include to file for Arbitration?

In order for our Grievance Committee to properly review your complaint, please include the following:

  • A timeline of events leading up to the closing
  • Event dates, so that Grievance can determine if the request is filed on time
  • Names of all appropriate parties
  • Please note: the complaint must be filed and signed by the Managing Broker!

What will happen next?

After filing, your case will go to the Grievance Committee, who reviews each case to determine if it should go to a hearing (kind of like a grand jury). This is why it’s important that you supply enough information for the Grievance Committee to determine if a co-op (between two brokerages) dispute exists and/or to determine if there was unethical conduct on the part of the REALTOR® you’ve filed the complaint against.

Mediation Before Arbitration is Required!

Keep in mind that CAR requires mandatory mediation prior to arbitration. Mediation allows for an informal conversation and an opportunity for each side to understand the other parties’ position. Therefore, once our Grievance Committee has 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. As we have realized a 90% success rate for mediations, we hope that we can avoid arbitration!

File your Arbitration Request Online Here

THE REQUEST AND AGREEMENT TO ARBITRATE – A STEP BY STEP GUIDE