In order to reach a fair resolution, disagreements between Associates or other personnel within the Company regarding leads or sales are to be handled through the following processes. Such disputes may involve, among other things:
- The equitable right to work with a certain prospect.
- The right to a share of the commission when more than one Associate knowingly or unknowingly works with the same customer/client.
- The percentage split of commission or fee earned when two Associates have worked with the same customer/client.
16.1 Intra-Office Disputes between Associates #
First, never tell or involve the client/customer in any dispute between Associates. Second, the agents must try to come to an acceptable resolution themselves.
All intra-office disputes must be reported promptly to the Company. In the event Associates cannot meet a satisfactory agreement among themselves, the Company shall hear both sides of the argument in a meeting with the involved parties. If, in the sole judgment of the Company, a legitimate dispute exists, the Company will make a determination of action to follow. In the event the Company’s action is not satisfactory to any party, the complaint may be taken to the local Association of REALTORS® for disposition through its dispute resolution procedure.
16.2 Disagreements between Company and Associate #
Disagreements or disputes between Associates and the Company pertain to:
- A conflict arising out of, or in connection with, their business relationship and dealings.
- The Company policy.
- Transactions or real estate laws.
The Associate and the Company agree to mediate all disputes and claims between them arising from or connected in any way with their business relationship before resorting to court action. If any dispute or claim is not resolved through mediation or otherwise, the Associate and the Company may mutually agree to submit the dispute to arbitration at, and according to the rules and bylaws of, the local Association of REALTORS® to which both parties belong.
16.3 Arbitration #
In matters of arbitration, dispute resolution services of the local Association of REALTORS® or an attorney may be employed, at the discretion of the Company. The responsibility as to payment of arbitration or attorney fees will be determined on a case-by-case basis by the Company.
16.4 Code of Ethics and License Law Violations #
In matters of alleged violation of the NAR Code of Ethics, MLS rules, and/or real estate law, an attorney may be employed at the discretion of the Company. The responsibility for payment of such attorney fees will be determined on a case-by-case basis by the Company.