Not Sure What To Do

[allanb]

I'm confused. There is no "Board" of Realtors in California. There is the California Department of Real Estate which licenses and regulates real estate agents. And there is the California Association of Realtors and numerous regional associations which are essentially trade associations. You referred to "my association" a few times so I'm guessing that this was an administrative complaint and your association sided with the buyer.

As a member I imagine you agreed to quite a few things by joining. I don't know what but I'm guessing it would limit your ability to sue. Consult an attorney about that and review your options.

Meantime, a small claims lawsuit against you for money has nothing to do with what the association did. You need to properly respond to that lawsuit. To that end I suggest you study the California courts self help pages about small claims court:

https://www.courts.ca.gov/selfhelp-smallclaims.htm

Did you get served with one of these?

https://www.courts.ca.gov/documents/sc100.pdf

 

[allanb]

Actually, when you join any association whether it be NAR, California Association of Realtors or your local board, in my case the Orange County Association of Realtors, you sign nothing, you just join and they send you the bill every month. Its an out and out money grab.

 

[quincy]

$10,000 dollars, Broker not named in the complaint, entirely for pain and suffering and court fees and lawyer costs. It is a small claims lawsuit. Remember, I am not worried about his lawsuit, I want to sue my board of Realtors for screwing up the whole process that gave him the feeling that he can sue me. I am confident that I will win the lawsuit, I am just outraged that my board of realtors totally denied me my due process that gave him the feeling that he has a right to sue me. Its not about him, its about the board denying my due process in the original complaint. I am so pissed off that I want to sue them to the full extent of the law.

I don’t see that you have any legal action to pursue against the Orange County Association.

I am surprised that your Broker was not named as a party to the lawsuit, though - not that I see that the “disgruntled buyer” has much to support a $10,000 suit over roof tiles, based on the little you have disclosed of your situation. The disgruntled buyer is likely to be even more disgruntled when he discovers there is no award for “pain and suffering” damages.

 

[allanb]

Ok, then I can't speak to any of the procedural stuff.



He'll lose, and small claims court won't take much time to deal with.

Thank you, everyone, I appreciate your comments! As a side note, in the Buyer's small claims suit against me, he does say that he is filing the suit pursuant to my local boards ruling on my case. That's why I want to sue them. As a side note to any agent wanting to join NAR...don't do it! It has no benefit and opens you up to all kinds of liability issues.

 

[quincy]

Thank you, everyone, I appreciate your comments! As a side note, in the Buyer's small claims suit against me, he does say that he is filing the suit pursuant to my local boards ruling on my case. That's why I want to sue them.

That still does not give you a cause of action against the Association.

 

[Zigner]

Actually, when you join any association whether it be NAR, California Association of Realtors or your local board, in my case the Orange County Association of Realtors, you sign nothing, you just join and they send you the bill every month. Its an out and out money grab.

That is simply not true. When you join, you fill out an application. You are required to initial several items and then sign the form. (https://www.ocrealtors.org/sites/default/files/2020-06/REALTOR Application_Fillable_062220.pdf). Perhaps you simply forgot, but the fact is that you do fill out and sign an application.

As a note, that application contains an arbitration clause.

 

[allanb]

That is simply not true. When you join, you fill out an application. You are required to initial several items and then sign the form. (https://www.ocrealtors.org/sites/default/files/2020-06/REALTOR Application_Fillable_062220.pdf). Perhaps you simply forgot, but the fact is that you do fill out and sign an application.

As a note, that application contains an arbitration clause.

Actually, you are wrong, I never signed anything. I save everything. You must join as your Broker requires it in most cases.

 

[allanb]

That still does not give you a cause of action against the Association.

I appreciate your opinion, so my board of Realtors is exempt from any actions in violations of the NAR Code of ethics because they are God?
That's a ridiculous position.

 

[quincy]

Actually, you are wrong, I never signed anything. I save everything. You must join as your Broker requires it in most cases.

You are right that most Brokers want their real estate agents to be members of a real estate association. It has been awhile since I was first licensed, though, and I am not licensed in California.

I think calling your Board of Realtors “God” might be a bit extreme.

 

[allanb]

You are right that most Brokers want their real estate agents to be members of a real estate association. It has been awhile since I was first licensed, though, and I am not licensed in California.

I think calling your Board of Realtors “God” might be a bit extreme.

I disagree if the board can make arbitrary decisions without any regard to the NAR Code of ethics and its procedures is God! It's simply a metaphor, not a declaration that they are God.

 

[quincy]

You might want to concentrate on what is important. Your username really isn’t important.

Did you have any additional questions?

 

[Zigner]

Actually, you are wrong, I never signed anything. I save everything. You must join as your Broker requires it in most cases.

If you filled out your application and submitted it online, then you digitally signed. If you filled out and submitted a paper application then you signed it

 

[quincy]

Here is a link to the National Association of Realtors Code of Ethics and Standards of Practice:

https://www.nar.realtor/about-nar/governing-documents/code-of-ethics/2020-code-of-ethics-standards-of-practice

 

[Mass_Shyster]

The hearing panel found me guilty of all violations

Did they sanction you somehow? Were you ordered to pay the buyer anything? Did they pay the buyer anything?

My recollection of the board of realtors that decided local matters when I was trying to sell real estate is that the only authority they had was to arbitrate fee disputes between realtors. Aside from that, the only power they have is to kick you out of their association.

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!

In the court system, an appeal is not where evidence is presented. An appeal is where one argues that the court below made errors. One of those errors could have been refusing to accept your evidence.

It's also possible that when the buyer submitted his complaint to your association, he agreed to let them arbitrate the matter, meaning the matter is already decided and he is now precluded from filing in court.