File a Complaint
What is an Ethics Complaint?
An Ethics Complaint charges that a REALTOR® has violated an Article(s) of the Code of Ethics. The Brunswick County Association of REALTORS® is responsible for enforcing the Code of Ethics.
Many difficulties between real estate professionals result from miscommunication. If you have a problem with a real estate professional, you may want to speak with them or with a principal broker in the firm. Open, constructive discussion often resolves questions or differences, eliminating the need for further action.
Before you file an Ethics Complaint, please read the following:
Only REALTORS® are subject to the Code of Ethics of the National Association of REALTORS®. If the real estate professional you are dealing with is not a REALTOR®, your only resource may be the state licensing authority or the courts.
The Brunswick County Association of REALTORS® will determine whether the Code of Ethics has been violated - not whether the law or real estate regulations have been broken. Only the licensing authorities or the courts can make those decisions.
The Brunswick County Association of REALTORS® can discipline REALTORS® for violating the Code of Ethics. Typical forms of discipline include attendance at courses and seminar designed to increase the understanding of their ethical duties or other responsibilities. REALTORS® may also be reprimanded, fined or their membership can be suspended or terminated for serious and repeated violations. "Punitive Damages" cannot be awarded for violations of the Code, nor can suspension/termination of a real estate professional's license.
A complaint must be filed within 180 days after all facts could be known.
All complaints will be referred to BCAR's Executive Officer or the chairperson of the Grievance Committee. If the Grievance Committee finds the matter submitted to warrant a hearing, it will be referred to the chairman of the Professional Standards Committee to arrange a hearing. If the matter submitted is not found to constitute a proper cause of action, it will be returned to you with the decision of the Grievance Committee with information advising you of the procedures by which the Grievance Committee's decision may be appealed directly to the Board of Directors.
If a hearing is scheduled, the respondent to the complaint will have 15 days to reply. The date for the hearing will be set and all parties will be notified of the date and place of hearing at least 21 days in advance.
Starting in January 2019, BCAR has implemented the NAR and NCR approved Citation Policy. This is a streamlined process to handle Ethics Complaints on specific Code violations. What happens is a member (or member of the public) can submit a complaint along with the necessary evidence to prove the violation. A good example would be to send a picture of another agent’s advertisement that is in violation. This is received by the Grievance Committee and reviewed, if they determine it is a “Citable” Offense, the Citation Committee would review and a citation would be issued along with an invoice to pay the citation OR the option to not pay and go through the full blown hearing process. A couple of key points with the Citation process: Complaints are ANONYMOUS if no hearing is called. When a Citation is sent, it stipulates the violation, it does NOT state who alerted BCAR of the violation. If the citation is paid, then the matter is put to rest. If a hearing is requested instead of paying, then the process proceeds with the person who sent the complaint as a party to an Ethics Hearing.
The full policy regarding Citations can be found in the Policy Manual.
To read the Policy Manual, log in to your BCAR profile.