Austin TX Real Estate - Hill Country Austin Lakeway Homes for Sale: Texas Association of Realtors Implements Citations

Texas Association of Realtors Implements Citations

The Texas Association of REALTORS®, known as TAR, as adopted a Citation policy when dealing with the Code of Ethics. TAR Leadership team appointed a Citation Task Force Committee to evaluate the California Association's Citation program that was previously approved by NAR.  I'm part of the TAR Professional Standards Committee, and I've already been on a Grievance panel for a few of these complaints.

Starting January 1, 2011, TAR put the citation policy into effect. What's good about this Citation Policy? It makes the process move along faster. If found "guilty", there is no Professional Standards Committee hearing as a Citation, a fine, will be assessed.  Yes, the person can request a full hearing if they want, but if there is a clear violation, you might want to just move along and pay your fine.  The fine is $300 for the first offense, $600 for a second, and $900 for a third.

There are rules for the Citation Policy.  You can only be in violation of certain Articles. Many violations cover multiple articles so many will not qualify. The articles that qualify for Citations are 3, 4, 5, 6, 12, 14, and 16.

A few days ago, I received an email from TAR with some interesting information.  Through Aug 9, 2011, 49 Citation complaints have been received and processed.  22 were dismissed, primarily due to the lack of supporting documentation.  We can't make decisions on assumptions and what we think the person meant.  18 Citations have actually been issued to licensees.

What is the biggest complaint? Article 12 violations which include the failure to disclose your professional status in advertising or failure to disclose the name of your firm, in addition to deceptive use of URL's or domain names.

The citation process can by anonymous, so watch out as you never know who is going to report you now!!

**Are You Packed Yet?**

donna harris Realtor Austin TX blog

Donna Harris, REALTOR®
RE/MAX Austin Skyline
www.DonnaHomes.com
Donna@DonnaHomes.com
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Copyright© 2011 By Donna Harris, All Rights Reserved. You may re-blog with links back to this post.
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Texas Association of Realtors Implements Citations * was first published on donnahomesblog.com.

Comment balloon 8 commentsDonna Harris • August 26 2011 02:15PM

Comments

WOW! They are getting down... oh well we will all just have to do better.

Posted by Sussie Sutton, David Tracy Real Estate for Buyers & Sellers (David Tracy Real Estate) over 8 years ago

Donna,

Kudos to you for being on this committee. It certainly speaks to your proffesionalism.  In my opinion, Article 12 violatinos stems from Realtors who don't quite understand their role with the Broker.  Agents sign on BEHALF of the broker, and the agreement is between the broker and the client, not agent and client. I see it all too often, that agents make decision on their broker's behalf when in fact, its ultimately the broker who is responsible. Great post, thanks so very much!

Posted by Cathy Criado, Making Real Estate Profitable (Criado Realty ) over 8 years ago

I don't think that many people will even take the time to report possible violations.

Posted by Richard Weeks, REALTOR®, Broker over 8 years ago

In a word....GOOD!  Thank you for your service, Donna!

Posted by George Scott Stevens, Renaissance Realty Group Dallas, TX 214-458-1647 (http://www.renaissancerealtygroup.net) over 8 years ago

Actually, violation reports come in more when people are slower, and since things are now anonymous, the violations are coming in even faster!

Posted by Donna Harris, Realtor,Mediator,Ombudsman,Property Tax Arbitrator (Donna Homes, powered by JPAR - TexasRealEstateMediationServices.com) over 8 years ago

Interesting thought Anonymous Realtor against Realtor is the Grievance tribunal anonymous as well. And if so why is this ? I say if you have a problem  with another Realtor stand up and say so simple as that. Why hide behind the door and be anoymous seems more unethical to hide and not let the person they are complaining about stand face to face with them. I think you will have more problems than it will solve. We are to be respectful of each other kind  have honor with each other. Hiding behind the door does not create an atmosphere of honor, respect and kindness for each other. As per the code of Ethics states that we should be. It also does not stand by the words that our Founding Fathers stated ONE NATION UNDER GOD INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.......  Anonymous complaints Realtor against Realtor does not support liberty and justice for all.....  it could very well be looked upon as a violation of ones rights as an American Citizen to be charged with a violation with out representation and without being able to face the accuser. This opens a can of snakes that one might not to really open up. Again I still think that we should have honor and respect for each other. Have a blessed day

Posted by Laura Filip, What can we do for you today? (Laura Filip Broker , Opening doors for All Seasons of Life ) over 7 years ago

Laura, Many people don't report "wrong" things because they know they have to work with this person again in the future. Having things anonymous helps with that and helps correct the wrong behavior. Keep in mind that you can't report anonymously for just anything. There are only specific Articles that fall under the citation criteria. I was on a Grievance Panel just last week for 2 different Anonymous reportings.

If the Realtor wants to decline the citation and present information on the contrary, the Grievance Panel picks someone from the panel to represent the anonymous person, so the respondant still has someone to be face to face with, however, most citations are just being paid because the people know what they did was "wrong".

The Grievance Tribunal is not anonymous as we have to sign the paperwork and the respondant can see who was on the panel.

Posted by Donna Harris, Realtor,Mediator,Ombudsman,Property Tax Arbitrator (Donna Homes, powered by JPAR - TexasRealEstateMediationServices.com) over 7 years ago

Donna good day to you Ma'am the Grievance Tribunal is not Anonymous???? Thank you for that information. Have a blessed day.

Posted by Laura Filip, What can we do for you today? (Laura Filip Broker , Opening doors for All Seasons of Life ) over 7 years ago

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