Filing a Complaint against a Real Estate Agent

 

 

 

Before Filing an Ethics Complaint there are things you should know and consider. Click here for MORE INFO to help you decide.

If you find that you need to file a complaint, there are couple of paths to choose from when filing a complaint against a Real Estate Agent

OPTION 1:

Filing with TREC – Tennessee Real Estate Commission 

The TN Real Estate Commission is the state of Tennessee’s regulatory body that is in charge of real estate licensing.  TREC is the state of Tennessee’s regulatory body for Real Estate licensing. It’s purpose is to protect the welfare of the public when it comes to real estate transactions. Specifically, The mission of the Tennessee Real Estate Commission is to protect the public through establishment and administration of minimum requirements for candidates and licensees, effective professional education of licensees and enforcement of professional conduct.

To file a complaint against a real estate agent, please either

  1. File Online with TREC:
    https://www.tn.gov/commerce/regboards/trec/consumer-resources/file-a-complaint.html
    OR
  2. Call the TN Real Estate Commission at 615-741-2273

OPTION 2:

Filing with EMTAR – Eastern Middle Tennessee Association of Realtors® 

While the EMTAR does not have any authority over the license of a real estate agent, members are Realtors® who must adhere to the National Association of Realtors Code of Ethics(link to code). Ethical Complaints can be filled with the local association.

General Instructions and Information for Filing and Replying to Ethics Complaints

  1. Complaints must be typewritten and submitted with a sufficient number of copies to enable the Board to provide one to each respondent plus one to each respondent plus one copy for the Board’s records. Any reply must be typewritten and submitted with a sufficient number of copies to enable the Board to provide one to each complainant plus one copy for the Board’s records. Additional copies of the complaint and reply should be furnished by the complainant and respondent as requested by the Secretary. If the complainant is a member of the public, extra copies of the complaint should not be requested.
  2. Complaints will be referred to the Board secretary (or Executive Officer), and by the Secretary to the Chairperson of the Grievance Committee. If the Grievance Committee finds the matter to constitute a proper cause of action, it will be referred to the Board Secretary to arrange a hearing; if not found to constitute a proper cause of action, it will be returned to the complainant with the decision of the Grievance Committee, together with information advising the complainant of the procedures by which the Grievance Committee’s decision may be appealed to the Board of Directors.
  3. If there is to be a hearing, respondent will have fifteen (15) days after service of copy of the complaint to reply. Copy of the reply will be sent to complainant, the Board President, and the Professional Standards Committee Chairperson. The date for hearing will be set and all parties will be notified of the date and place of hearing at least twenty-one (21) days in advance.
  4. If no reply is received from respondent within fifteen (15) days from service of copy of the Ethics Complaint, date, time, and place of hearing will be set.
  5. Counsel may represent all parties, provided that notice of intention to be represented is transmitted to all other parties and to the Hearing Panel at least fifteen (15) days prior to the hearing. Failure to provide timely notice may result in a continuance of the hearing.
  6. It is the responsibility of each party to arrange for his witnesses to be present at the hearing.
  7. Either party may file with the Secretary, within ten (10) days from the date the names of the members of the Professional Standards Committee are mailed to the parties, a written request for disqualification of any potential member of the Hearing Panel for any of the following reasons:
    • is related by blood or marriage to the complainant, respondent, or a Realtor® acting as counsel for either the complainant or respondent.
    • is an employer, partner, or employee, or in any way associated in business with the complainant, respondent, or a Realtor® acting as counsel for either the complainant or respondent.
    • is a party to the hearing, or a party or a witness in another pending case involving complainant or respondent.
    • knows any reasons acceptable to the Hearing Panel or tribunal which may prevent him from rendering an impartial decision.
  8. The notice of hearing will contain names of members of the tribunal who will hear the case and should be accompanied by an “Outline of Procedure for Ethics Hearing.”
  9. The parties shall not discuss the case with Any member of the Hearing Panel or the Board of Directors at any time prior to announcement of a decision in the case.
  10. No hearing will be held in the absence of a Complainant. An ethics hearing may proceed in the absence of a respondent.

Forms Needed:

Every Realtor® member agrees to abide by a strict national Code of Ethics that exemplifies the highest standards of the profession.

Your Real Estate Connection

Whether you’re a buyer or seller looking for information, or a real estate agent looking for professional training, support and a business network, the Eastern Middle Tennessee Association of REALTORS® is your connection. If you can’t find what you need online, call us at 615-758-9851.

Contact Us

2588 N. Mt. Juliet Road
Mt. Juliet, TN 37122

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