I am in California. I will try and keep this as concise as possible.
A grievance complaint was filed against me with my local board of Realtors by a disgruntled Buyer. It was over 6 broken roof tiles. The Buyer did a paper dump and submitted over 600 pages of "Evidence": I objected to no avail. Part of the complaint alleged my filling out 2 pages of the contract incorrectly which I acknowledged was a clerical error on my part, my Broker did not notice the errors and it had absolutely no impact on the Buyer financially at all. All of the other allegations were complete lies and I submitted my response to the complaint with all my documentation. The hearing panel found me guilty of all violations, they were obviously confused by the paper dump because 2 of the allegations against me were actually something the Buyer did and not me. I appealed, The Buyer responded to my appeal and out of the blue admitted that it was stated clearly to him that he had filed beyond the 180-day deadline but was given an exception due to the Preponderance of evidence against me. The NAR ethics manual states that once a complaint is filed it must be immediately submitted to the Grievance Committee Chairman. So he lied! I asked my Association as he had confessed to being late that the whole matter should be dropped, they refused. All correspondence that I then sent to my board was forwarded to their lawyer who refused to drop it, furthermore, he said it was new evidence and was not allowed even though in my appeal I was stating that my due process had been violated and according to the NAR Ethics manual on a due process violation new evidence "IS" allowed.
At my appeal, I was shut down and not allowed to present any of my evidence as I was told that is not what the appeal process was all about! Also, the Association's Lawyer was present even though he was not allowed to be there per the association's form that listed all parties that would be in attendance that was required 15 days prior to the Appeals Hearing date. In my opinion, I was being railroaded and made a scapegoat due to their mishandling of the case. Now as the Buyer feels vindicated, he is now suing me. I want to sue the bejeezus out of my Association. Based on what I have written here do you think I am justified in doing so?
BTW: as a side note during this whole process I was diagnosed with Prostate Cancer, had surgery and the Cancer is still there but manageable at this time. and stress is not good for me but nobody gave a crap.
Thanks in Advance Al.
Feel free to pose any questions you may have
A grievance complaint was filed against me with my local board of Realtors by a disgruntled Buyer. It was over 6 broken roof tiles. The Buyer did a paper dump and submitted over 600 pages of "Evidence": I objected to no avail. Part of the complaint alleged my filling out 2 pages of the contract incorrectly which I acknowledged was a clerical error on my part, my Broker did not notice the errors and it had absolutely no impact on the Buyer financially at all. All of the other allegations were complete lies and I submitted my response to the complaint with all my documentation. The hearing panel found me guilty of all violations, they were obviously confused by the paper dump because 2 of the allegations against me were actually something the Buyer did and not me. I appealed, The Buyer responded to my appeal and out of the blue admitted that it was stated clearly to him that he had filed beyond the 180-day deadline but was given an exception due to the Preponderance of evidence against me. The NAR ethics manual states that once a complaint is filed it must be immediately submitted to the Grievance Committee Chairman. So he lied! I asked my Association as he had confessed to being late that the whole matter should be dropped, they refused. All correspondence that I then sent to my board was forwarded to their lawyer who refused to drop it, furthermore, he said it was new evidence and was not allowed even though in my appeal I was stating that my due process had been violated and according to the NAR Ethics manual on a due process violation new evidence "IS" allowed.
At my appeal, I was shut down and not allowed to present any of my evidence as I was told that is not what the appeal process was all about! Also, the Association's Lawyer was present even though he was not allowed to be there per the association's form that listed all parties that would be in attendance that was required 15 days prior to the Appeals Hearing date. In my opinion, I was being railroaded and made a scapegoat due to their mishandling of the case. Now as the Buyer feels vindicated, he is now suing me. I want to sue the bejeezus out of my Association. Based on what I have written here do you think I am justified in doing so?
BTW: as a side note during this whole process I was diagnosed with Prostate Cancer, had surgery and the Cancer is still there but manageable at this time. and stress is not good for me but nobody gave a crap.
Thanks in Advance Al.
Feel free to pose any questions you may have
