NAR Resource Area
Enforcement of the Code of Ethics is a privilege and responsibility of each Board and Association as established in Article IV of the Bylaws of the National Association of REALTORS®.
An ombudsman is an individual appointed to receive and resolve disputes through constructive communication and advocating for consensus and understanding. Ombudsman procedures are intended to provide enhanced communications and initial problem-solving capacity at the local level. Our Board offers Ombudsman services free of charge to members, clients, and consumers. A majority of disputes can be resolved through Ombudsman services, and we always recommend this service as early as possible in the dispute resolution process.
Mediation is NAR's preferred method of dispute resolution. As a benefit of membership, we offer the ability for members to mediate otherwise-arbitrable disputes. Mediation is often required prior to an arbitration hearing.
Arbitration for REALTORS®
Contact the Lincoln County Board of REALTORS® to determine if the other parties are members of the association. The LCBR handles all arbitration dispute processes for the counties of Lincoln, Tillamook, and Clatsop. Please continue reading for further information on the arbitration process before you call.
- be in writing
- be signed by the Complainant(s).
- state the amount in dispute.
- be filed within 180 days after the closing or 180 days after the facts could have been known in the exercise of reasonable diligence, whichever is later.
- Name the REALTOR® firm involved and all of the REALTORS® involved. This will help the Grievance Committee determine whether the right people are named, whether there is a contractual basis for the claim, and more.
- You must name at least one REALTOR® principal of the firm, and, if you are not a principal in your firm, you must get one of your firm's REALTOR® principals to sign the Request to Arbitrate, as commission disputes are between the principals of the firms involved. [REALTOR® principal is defined in the Code of Ethics and Arbitration Manual as: "Principal" is defined as a principal, partner, corporate officer or branch office manager standing in the shoes of the owners of a real estate firm. For more details, please consult the Code of Ethics and Arbitration Manual, Section 26 (k).]
- Indicate the amount in dispute.
- Include an explanation of the situation. State why you believe you are entitled to the award in your Request for Arbitration. If you think there have been ethical violations, they can be handled separately with an ethics complaint.
- Attach copies of any and all pertinent documents such as listing agreements, purchase and sales agreements, closing statements, etc., plus any notarized statements from witnesses.
- The Lincoln County Board of REALTORS® requires a $250 arbitration deposit. Should your request be forwarded for a hearing and should you prevail at the hearing, this deposit will be returned to you. If you do not prevail at the hearing, the deposit will be retained by the association to help cover costs. Include a $250 check made to "LCBR" with your written Request for Arbitration.
If the Grievance Committee forwards your case for a hearing, you will be advised by the association of the appropriate procedures and steps to take. Before any hearing is scheduled, however, you will be offered an opportunity to mediate the dispute with the other REALTOR®. Mediation involves an objective third-party mediator who will work with all parties in to the dispute to assist them in reaching a mutually agreed-upon resolution. If the mediation is successful and the parties reach and sign an agreement, it becomes judicially enforceable. Your arbitration deposit will also be returned. If the mediation is not successful, the matter will proceed to a hearing.