California. Can I Sue My Local Association Of Realtors? Lost a Grievance Complaint that was brought against me by a disgruntled Buyer, I appealed and sent all evidence, Complainant responded to my Appeal which was his right and included in his paperwork the following:
"I filed with Orange County Association Of Realtors on the date and it was made clear that I was past the deadline but in special grave circumstances where the agent was in serious violations and there was a preponderance of the evidence a panel could overlook the deadline and set a panel hearing."
So, in writing, he actually claimed that he was told he was late and they allowed him to proceed. Nowhere in the NAR Ethics Manual is this allowed, in fact, it specifically says that once he files the complaint that it has to be immediately handed over to the Grievance Committee Chairperson for review. Also, the complaint is marked received on 6 days before he actually signed the complaint. (I asked for an explanation, and was given none).
At my Appeal hearing on Zoom, I asked them again to dismiss the case due to the new admission from the Complainant. They refused. I also noticed the Association's Lawyer was present and I asked them to remove him as I was supposed to be given 15day's notice of any additional people that would be at the hearing. He was not on the original list of participants, had he been I would have objected or brought in my own council. They refused to remove him. So, I started to go over the items of my Appeal and was told that the Appeals meeting was for the Committee to ask me questions and I could not discuss my Appeal documentation, they asked me 2 irrelevant questions. I objected and told them that per the NAR code of ethics I was allowed to present the evidence and they were denying my process. Again, they would not listen to my Appeal and ended the meeting. 24 hours later It was confirmed that I was guilty of all Articles. NAR suggested that I complain in writing to the CEO of the Association, I did and he never responded. I believe that they made so many mistakes on this case that I was marginalized, I am livid. Do I have a Case? If so, what type of Attorney should I be contacting. Also, if I cannot afford to hire an attorney, can I take my Association to Small Claims Court.
Thank you.
"I filed with Orange County Association Of Realtors on the date and it was made clear that I was past the deadline but in special grave circumstances where the agent was in serious violations and there was a preponderance of the evidence a panel could overlook the deadline and set a panel hearing."
So, in writing, he actually claimed that he was told he was late and they allowed him to proceed. Nowhere in the NAR Ethics Manual is this allowed, in fact, it specifically says that once he files the complaint that it has to be immediately handed over to the Grievance Committee Chairperson for review. Also, the complaint is marked received on 6 days before he actually signed the complaint. (I asked for an explanation, and was given none).
At my Appeal hearing on Zoom, I asked them again to dismiss the case due to the new admission from the Complainant. They refused. I also noticed the Association's Lawyer was present and I asked them to remove him as I was supposed to be given 15day's notice of any additional people that would be at the hearing. He was not on the original list of participants, had he been I would have objected or brought in my own council. They refused to remove him. So, I started to go over the items of my Appeal and was told that the Appeals meeting was for the Committee to ask me questions and I could not discuss my Appeal documentation, they asked me 2 irrelevant questions. I objected and told them that per the NAR code of ethics I was allowed to present the evidence and they were denying my process. Again, they would not listen to my Appeal and ended the meeting. 24 hours later It was confirmed that I was guilty of all Articles. NAR suggested that I complain in writing to the CEO of the Association, I did and he never responded. I believe that they made so many mistakes on this case that I was marginalized, I am livid. Do I have a Case? If so, what type of Attorney should I be contacting. Also, if I cannot afford to hire an attorney, can I take my Association to Small Claims Court.
Thank you.
