Dispute Resolution
In the real estate industry, there are times when disputes over real estate transactions can occur. East Metro Association of REALTORS® (EMAR) Executive Officer, Jon Hull, is the facilitator for all disputes concerning members of EMAR. If you are unsure what to do, whether you are a REALTOR® or a public buyer or seller, feel free to call Mr. Hull so that he can help direct you as to possible options. Mr. Hull is not legal counsel and will not be able to tell you what you should do, but rather someone who may be able to give you options available to you.
Disputes concerning real estate can be a very emotional experience. It is important to remember that dispute resolution is a very factual process. A few important things to ask yourself are;
- Have I communicated directly with the person I am having a dispute with and tried to honestly and factually work it out?
- Have I documented all actions and communications with regard to this transaction and possible dispute?
- Is this an ethical or monetary dispute?
The Association office is open Mon. — Fri. 9:00 — 5:00. Phone 503–667–1211 Fax 503–492–2323 The decision to initiate mediation under the DRS Rules and Procedures should be made only after all attempts to negotiate an acceptable solution have been exhausted and a genuine effort was made to resolve your claim.
If you are a member of the public, your REALTOR® can be instrumental in helping resolve conflicts and disputes. Talk with your REALTOR® before you initiate mediation proceedings. Also, you may wish to discuss the matter with your attorney. Your attorney may be able to provide you with advice and may be able to help you resolve the dispute without having to proceed to mediation.
When you have a fully executed Residential Real Estate Sale Agreement published by Oregon Real Estate Forms LLC ("OREF"), RMLS™ Listing Contract or other written agreement that contains a Mediation Clause, and your Realtor® is a member of PMAR, you are entitled to participate in its Dispute Resolution System. Your rights may vary if you have used a different OREF form or non–OREF form. If you have any questions regarding your legal rights, check with your attorney.
(Note: Realtor® vs. Realtor® disputes are not covered in the dispute resolution provisions of your OREF Real Estate Sale Agreement. The Code of Ethics and Standards of Practice of the National Association of REALTORS® requires that all REALTOR® vs. REALTOR® disputes be resolved through mandatory arbitration before the local Board or Association.)
Jon Hull
EMAR Executive Officer
503–667–1211
ae@emaroregon.com