Filing a Request for Arbitration
The following individuals may file an arbitration request with a REALTORS® Association:
- REALTOR® members who are principal brokers.
- REALTOR® members who are not principals, provided his or her principal broker joins in the request.
- Clients or customers of the REALTOR®.
Note: Disputes involving clients or customers require that they sign an agreement to arbitrate and to be bound by the arbitration. The Association’s Professional Standards Committee will determine whether the Complainant is a client or a customer and if the dispute is one that the Association can process.
The Association provides arbitration facilities as a service to its members. Arbitration is not a disciplinary proceeding nor does it award damages. By becoming and remaining a member of the REALTORS® Association, each REALTOR® binds him or herself to arbitrate certain disputes.
Not every situation may be arbitrated by the Association. Conditions and limitations exist which you must consider. The Association will explain these conditions and limitations to you.
Requests for arbitration must be filed within 180 days after the closing of the transaction, if any, or within 180 days after the facts constituting the arbitrable matter could have been known in the exercise of reasonable diligence, whichever is later.
To submit an arbitration request to the Association, take the following steps:
- Complete and sign the request and agreement to arbitrate form (supplied by the REALTORS® Association). Name the REALTOR(s)® and/or the firm(s) in question as the Respondent(s). Request for Arbitration Form
- Indicate the amount in dispute.
- Include an explanation of the situation. State why you feel you are entitled to an award of some kind. (Do not include unethical allegations in your argument. If you think the REALTORS(s)® violated the Code of Ethics, the Association can handle this separately through an ethics complaint.)
- Attach copies of any and all pertinent documents such as listing agreements, purchase and sales agreements, closing statements, etc. Also include any notarized affidavits you may have from witnesses.
- You must include a $350 deposit (customers and clients exempt from this fee) with your arbitration request.
- When you sign the request and agreement to arbitrate, this indicates your commitment to abide by the decision of the Hearing Panel.
- Send the entire package, keeping a copy for yourself, to the Professional Standards Administrator, REALTORS® Association of South Central Wisconsin, 4801 Forest Run Road, Suite 101, Madison, WI 53704.