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The Panel’s decision shall be in writing and signed by a majority of its members. Parties to the controversy may testify on their own behalf and present testimony of witnesses, and/or documentary evidence. All parties may examine and cross-examine witnesses, and at the request of any party or on its own motion, the panel, at its discretion, may exclude witnesses or evidence. It shall be the responsibility of the Parties to summon and have their witnesses present at the hearing.
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The board/association must record all arbitration hearings. A tape/digital recorder or court reporter may be used. The Panel’s tape recording or court reporters transcript shall be considered the official record of the proceeding. Copies of any tape recording or any transcript prepared from any tape recording or court reporter of the hearing are to be used only for the purpose of a request for procedural review. Any party to a hearing has the right to obtain a copy of the Panel’s official tape recording subject to payment of the Panel’s duplication cost and any tape/digital recorder duplication will be conducted under the supervision of the Executive Officer .
In this event, any deposits made by the parties shall be returned to the parties. Further, if the panel determines that an arbitrable matter exists but it is not subject to mandatory arbitration, neither party may be compelled to arbitrate, and the arbitration shall terminate unless all parties voluntarily agree to take part and abide by the decision. All parties to the dispute shall present to the arbitrators’ such statements and proof which they deem necessary to support their claims. Proof may be in the form of affidavits or otherwise. The arbitrators shall receive written statements, documents or other papers shall hear oral testimony.
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The Hearing Panel may receive and consider any evidence they deem material and proper. Parties to arbitration shall be entitled to have legal counsel present at any hearing. Each party is responsible for the expenses of his/her respective counsel. The determination as to whether an arbitrable matter exists shall be made by the local Board/Association’s Grievance Committee pursuant to those procedures outlined in Part 10, Section 47 of the Code of Ethics and Arbitration Manual. Appeals of arbitration requests dismissed by the Grievance Committee and alleged misclassification of an issue as being subject to either voluntary or mandatory arbitration shall be considered by the Board of Directors of the local board or by a panel of Directors. The Executive Officer shall notify the respondent that he/she must file a written reply in response to the arbitration request within days of the date of the mailing to the respondent.
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Want to grow the scope of your business? Consider working with global clients and increase your income potential. The Panel may recess or call for a continuance of the hearing from time to time as necessary or as convenience dictates. All parties have the right to challenge the qualifications in writing of any potential panel member showing sufficient cause why the arbitrator should not serve. Share important information about a property, including the presence of pets; security systems; and whether sellers will be present during the showing. Call the listing broker to report the results of any showing.
AOL latest headlines, entertainment, sports, articles for business, health and world news. Notify the listing broker if there appears to be inaccurate information on the listing. Notify the listing broker immediately if anything appears wrong with the property. If a prospective buyer decides not to view an occupied home, promptly explain the situation to the listing broker or the owner. The REALTOR® Code of Ethicssignifies the decision REALTORS® make to commit themselves to honor and service. Since 1913, the Code has grown in meaningfulness, and value, and a commitment to integrity, and professionalism.
If more than one party requests copies of the transcript, the Panel’s costs will be apportioned between or among the parties. Parties, at their own expense, may have legal counsel present during the hearing. If a party intends to have legal counsel present at the hearing, the party must provide written notice to the Panel Chairman and the other party, not less than fifteen days before the hearing date.
Along with the reply, the respondent shall submit a deposit of $500 when the dispute is submitted to NYSAR. The deposit may be returned or may be retained by the board/association to be used toward the cost of the arbitration hearing The Executive Officer shall send a copy of the response not sooner than fifteen days nor later than twenty-one days after mailing notice to the respondent of the request for arbitration. If a member fails to comply with an award, the recipient to whom the award has been rendered by the Arbitration Panel shall be advised by the Hearing Panel to seek judicial enforcement and request reimbursement of all legal costs incurred in seeking judicial enforcement.
Any request for procedural review must be filed within 20 days after the award has been served upon each of the parties. The request must be filed with the Executive Officer and will be given consideration at the next meeting of the Board of Directors or by a Panel comprised of eligible Directors. If no request is filed, the award becomes final and binding, following the 20‐day period. The parties to an arbitration may settle the issue between them by the agreement at any time. In such event, upon written notification to the Executive Officer or, in the event the hearing is in progress, to the panel chairman, signed and dated by the parties, the arbitration proceedings shall be terminated.
Failure to provide this notice will not invalidate a party’s right to legal representation. In the event the parties do not provide advance notice of their intention to have counsel, the panel shall take all steps, including continuance of the matter, if necessary, to guarantee the rights of all parties to representation by counsel. The panel may have its own legal counsel present to advise it on issues of procedure and law. Board counsel is not a part of the Hearing Panel and may not take an active role in the conduct of the hearing. The request for arbitration shall be accompanied by a deposit established by each local board/association of REALTORS® not exceeding $500 . If the arbitration panel determines that because of the amount involved, or the legal complexity of the controversy, the dispute should not be arbitrated, they shall advise the parties; the arbitration shall terminate and the parties shall be relieved of their obligation to arbitrate.
Ethics complaints serve to educate members as well as provide a disciplinary process when violations have occurred. Any person having reason to believe that a member is guilty of any unethical conduct subject to disciplinary action may file a complaint in writing with the Local Board/Association of REALTORS® that the member holds membership in. Dissemination of the award shall be limited to the parties involved, on a need to know basis, and to legal counsel and staff. The Outline of Procedure For Ethics or Arbitration Hearings (Part Thirteen, Form #A-10 in NAR’s Professional Standards Manual) should be made available to the parties involved in advance of the Hearing. Show courtesy, trust, and respect to other real estate professionals.
When a property is vacant, check that heating and cooling controls are set correctly and check the outside of the property for damage or vandalism. Show courtesy and respect to the general public. Communicate clearly; don’t use jargon not readily understood by the general public. Present a professional appearance at all times; dress appropriately and have a clean car. Leave your business card if not prohibited by local rules. Communicate with all parties in a timely fashion.
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