Background

• The Association is a real estate trade organization that provides real estate services and products to real estate licensees and real-estate related businesses.
• Licensees who are members of the real estate trade organization are termed 'REALTORS®.
• REALTORS® agree to abide by a Code of Ethics, and there is a complaint process to consider alleged violations of the Code of Ethics.
• Violations of the Code of Ethics affect membership privileges in the Association and/or Multiple Listing Service.

Q. How do consumers know to get in touch with the Association?
They are referred by other agents, friends and family, attorneys, various local governmental agencies, and the Department of Real Estate.

Q. What types of calls are received?
In summary, the main types of calls received include:

• Agent not returning telephone calls,
• Lack of representation and support by an agent (dual agency),
• Treated rudely or abusively or were coerced into signing documents, etc.,
• Failure to disclose problems with properties by the seller and/or agent,
• Agent claiming threats of offers coming in to increase the sales price,
• Questioning why a listing was not in the MLS and if more money could have been received if it was,
• How to be released from the listing agreement,
• Failure to give 24 hour notice to tenant,
• Requesting legal advice on forms,
• Requesting information on mediation and arbitration, and
• Requesting verification that an individual is a licensee.

Q. Who receives these calls?
The Executive Officer is the only individual at the Association who takes these types of calls.

Q. How does the Association handle these calls?
First and foremost, the consumer is given the opportunity to communicate the issues and vent, if necessary. Listening is important to get to the heart of the complaint(s) and to see if a resolution of differences by communication is an option.

• An opinion of guilt or innocence is never given as the information communicated is only received from one person's perspective, and that is not our job at this point. Also, it must be kept in mind that only about 60% of the consumers give their name, or the name of the real estate firm.
• After listening, the consumer is asked if they have communicated their complaints or concerns to their agent or the supervising broker. This is encouraged as many times brokers are not aware of the situation, or the agent. If the answer is no, they are encouraged to call their agent and/or broker and communicate with them. It is also suggested that perhaps it would be easier and more clear to communicate complaints or concerns in writing, removing emotionalism if possible, and noting the main point(s).
• The consumer may be asked "what would resolve the issue for them."
• There are a number of instances where the consumer will ask, or it may be helpful, for us to contact the broker for them. This is only done with the consumers knowledge and permission, and only as an effort to open lines of communication between the broker and consumer.
• When talking with consumers, or agents for that matter, words must be selected carefully, acknowledging that perhaps conversations may be repeated or misquoted. The fact that the Association has been contacted is used in many conversations back to agents or other individuals. This is, again, why information must be clearly communicated, and no judgment on any situation made.
• In speaking with the consumer, the role of the real estate trade organization (enforcing Code of Ethics within its membership) and the Department of Real Estate (enforcement of real estate law in the state of California) is reviewed. The call may not get to this point, but if it does, the two separate complaint processes are reviewed, and clarification made that neither address money issues - only conduct of the licensee or REALTOR®. As applicable, complaint forms for the Association and DRE are sent.

Q. When are calls referred to other entities?
Landlord/tenant issues are referred to Consumer Affairs to the Tenant Landlord Assistant at 831-454-2825 or 831-454-2128, whose hours are Tuesday and Thursday 8-11 a.m.

Helpful Hints

• Communicate with your agent. If verbal communication is difficult, removing as much emotionalism as possible, list the points of your concerns and provide it to your agent.
• If you are represented by a salesperson, communicate with the responsible broker for the office.