Resolving Issues
Issues may arise from time to time and many result from a misunderstanding, miscommunication, or lack of adequate communication.
If you have a problem with a real estate professional, you may want to speak with them or their Supervising Broker. An open, constructive discussion often resolves questions or differences, eliminating the need for further action.
After taking these steps, if you still feel you have a grievance, you may want to consider one of the following options to assist you in resolving the situation.
Ombudsman Program
Trained REALTOR® Ombudsmen help to identify and clear up any miscommunication between a party and their agent, explain customary Kansas real estate business practices, and discuss available options without judgment.
Ombudsmen do not determine whether ethics violations have occurred, rather they anticipate, identify, and resolve misunderstandings and disagreements before matters ripen into disputes and possible charges of unethical conduct.
Ombudsmen can field and respond to a wide variety of inquiries and complaints, including general questions about real estate practice, transaction details, ethical practice, and enforcement issues. They can also receive and respond to questions and complaints about members, may contact members to inform them that a client or customer has raised a question or issue, and can contact members to obtain information necessary to provide an informed response.
Ethics Complaint
REALTORS® everywhere have pledged to meet the Code’s high professional standards upon becoming members of the Association. Even with the best of intentions, planning, and preparation, occasional disagreements arise between REALTORS® and/or REALTORS® clients. To preserve the integrity of our industry any violations of the Code of Ethics or MLS Rules by one of our members should be reported to the Association. Complaints can be filed by any person, whether a member or not, having reason to believe that a member is in violation of any conduct subject to disciplinary action.
To file a complaint, simply fill out and submit the form to the right and an ethics complaint packet will be sent to you.
Access Ethics Complaint Packet
Citation Program
RSCK's Grievance and Professional Standards Committees are charged with upholding the highest principles of the Association and ensuring that members adhere to the REALTOR® Code of Ethics. The professional standards process for ethics hearings can take up to six months to be completed from the time the complaint is filed. The purpose of the Citation Program is to provide a faster resolution to the complaint process. Learn more about the program and which Articles of the Code of Ethics are covered under the program by clicking here.
Arbitration
Arbitration is a means of resolving disputes, generally involving commissions and compensation, which arise out of business relationships between Brokers. A non-principal (REALTOR® that is not a Broker) cannot file an arbitration request, although their name may be joined on the request and may attend and participate in the arbitration.
To file a request for arbitration, simply fill out and submit the form to the right and an arbitration packet will be sent to you.
Access Arbitration Request Packet
Mediation
Why mediate over other alternatives such as small claims court, litigation, or arbitration?
- Less expensive
- More timely
- Confidential
- Greater flexibility – you maintain control of the process
- Preservation of relationship
For Buyers & Sellers
Designed to implement the mediation clause in our real estate contracts to provide a solution for disputes between buyers and sellers, usually over a lack of disclosure, in which disputing parties attempt to resolve their disagreements with the help of an impartial, trained third party, a mediator.
When a mutually acceptable solution is agreed upon, a written agreement outlining the terms of the settlement is signed by both parties. Once the agreement is signed, parties are legally bound to abide by its terms. If the parties cannot reach a mutually agreeable settlement, they are free to arbitrate or litigate their dispute.
For REALTORS®
An excellent alternative to arbitration; however, all parties to a dispute must voluntarily agree to mediate.
Mediation can be a positive experience because, rather than a "winner" and a "loser" being determined by a panel of arbitrators, in mediation the parties work together, guided by a mediator, to fashion their own solution. Mediation is frequently a "win-win" situation for everyone.
If an agreement is reached during the mediation session, the parties are asked to put their agreement in writing which will be final and binding. If the parties fail to reach an agreement, the mediation is terminated and arbitration can still be filed. Please note that any discussions during the mediation are confidential and cannot be used in the arbitration hearing.
Please note: Earnest money disputes are do not fall under mediation and you will need to go to court. If the amount is under $4,000, you will file in Small Claims court (Wichita Small Claims Court) and no attorneys are necessary. If it is over $4,000, you will need to retain legal counsel and file in civil court.
As a service to members, the REALTORS® of South Central Kansas offers mediation services via Pamela Thompson, Mediator (Kansas State Certified in Civil, Domestic, Domestics Conciliation and Core Meditations), to ensure impartiality. Parties have the right to seek out other mediation service providers. Fees may vary.
PLEASE NOTE
We NEVER offer legal advice to members of the public. Please contact the Wichita Bar Association for assistance or referral to a real estate attorney.
We cannot affect a Kansas Real Estate License. If your pursuit is to affect a Kansas real estate agent’s license, refer to the Kansas Real Estate Commission.
If you have any question on any of the different process, contact our Government Affairs Director, Gentry Thiesen, via email or phone at 316-263-3167.