General Instructions for Filing an Ethics Complaint or Arbitration Request

Ethics Complaint Form

1) The South Metro Denver REALTOR® Association (SMDRA) has the authority/jurisdiction to address complaints only when they are written and formally filed against members of this association regarding possible violations of the Code of Ethics.

2) We encourage members of the public and REALTORS® to first contact the broker of the firm involved in the complaint and try to resolve the complaint prior to filing with the Association. In many cases the problem can be resolved at this point. (Before You File an Ethics Complaint)

3) The Association cannot compel payment of damages. These powers are reserved by law, for the courts. If you believe you have cause for civil action, you should contact an attorney. The Association cannot act as your private attorney in this matter.

4) The complaint must be filed against an individual/member and the employing broker, if applicable, not a real estate firm. This Association has disciplinary authority only against members of SMDRA. The complaint must be filed within 180 days after the alleged violation or the date that the facts could have become known.

5) Procedurally, after a complaint has been received, the Grievance Committee determines whether the complaint is a matter which should be referred to a Professional Standards Hearing Panel or be dismissed from further consideration because it does not meet the hearing criteria. The Grievance Committee is a review committee and does not conduct hearings or determine if a violation has occurred. If your complaint is forwarded for a formal hearing, you will be asked to appear.

6) If you wish to file an ethics complaint, you will want to review the Code of Ethics. The Articles in the Code of Ethics are the specific obligations that can subject the member to disciplinary action after a due process hearing. An Article of the Code must be cited in the complaint.

7) Sign/Complete Form E-1 and mail your complaint to SMDRA, attn: Melissa Maldonado.

All forms must be submitted with a written explanation/statement of why you believe a specific Article (or Articles) has been violated. (e.g. “I feel that Article ---- was violated because…”). Please present ALL evidence to support your case at that time including copies of contracts or correspondence. You must also include the date you became aware there was a potential violation.

Special note, if any complaint received by the Association is also the subject of a review in civil litigation, the Association may hold the complaint in abeyance until all action, including appeal, is complete. If applicable, please resubmit the complaint after all other reviews are complete. If the complaint involved criminal litigation, the review must be held in abeyance.

Disciplinary action may consist of one or more of the following:

1) Placement of a Letter of Warning in the member's file for a specified period of time;
2) Placement of a Letter of Reprimand in the member's file for a specified period of time;
3) Imposition of a requirement for training;
4) Designation of an appropriate and reasonable fine commensurate with the gravity of the determined violation not to exceed $2,500 per hearing;
5) Imposition of probation for a stated period of time not to exceed one (1) year;
6) Suspension of membership for a stated period of time not less than thirty (30) days and not more than one year;
7) Expulsion from membership for a stated period of one (1) to three (3) years, with reinstatement to membership only by application for membership as a new member after the specified period of expulsion, with the application considered on its merits.