Who Wants to Be a Millionaire - P.S. Procedural Quiz

Each group will have an opportunity to answer an equal number of questions. The table with the most correct answers will receive three bonus questions and a chance to win … $ 1,000,000

GOOD LUCK!

The REALTORS® Code of Ethics is based on “caveat emptor” the golden rule real estate license law federal anti trust law

The REALTORS® Code of Ethics is based on “caveat emptor” the golden rule real estate license law federal anti trust law

An ethics complaint can be filed by board members members of the public someone involved as a principal or agent in the transaction all of the above

An ethics complaint can be filed by board members members of the public someone involved as a principal or agent in the transaction all of the above

A seller-client can compel arbitration with a cooperating (“selling”) broker with the buyer any time subsequent to the closing if there is a contractual agreement with the listing broker

A seller-client can compel arbitration with a cooperating (“selling”) broker with the buyer any time subsequent to the closing if there is a contractual agreement with the listing broker

The grievance committee holds preliminary hearings determines that the Code may have been violated can amend arbitration requests cannot have it’s role carried out by a subset of the professional standards committee

The grievance committee holds preliminary hearings determines that the Code may have been violated can amend arbitration requests cannot have it’s role carried out by a subset of the professional standards committee

The grievance committee’s role in arbitration is to determine arbitrability determine whether arbitration is mandatory or voluntary determine if the appropriate parties are named all of the above

The grievance committee’s role in arbitration is to determine arbitrability determine whether arbitration is mandatory or voluntary determine if the appropriate parties are named all of the above

In an appeal of a grievance committee’s decision parties can challenge members of the board of directors parties can appear and argue their positions attorneys for the parties may be present only the information the grievance committee had when it made its determination will be given to the directors

In an appeal of a grievance committee’s decision parties can challenge members of the board of directors parties can appear and argue their positions attorneys for the parties may be present only the information the grievance committee had when it made its determination will be given to the directors

An ethics complaint can be amended by the complainant with the hearing panel’s concurrence the grievance committee the hearing panel before the hearing all of the above

An ethics complaint can be amended by the complainant with the hearing panel’s concurrence the grievance committee the hearing panel before the hearing all of the above

The concept of due process includes the right to a full and fair hearing an impartial tribunal a full and complete knowledge of the charges all of the above

The concept of due process includes the right to a full and fair hearing an impartial tribunal a full and complete knowledge of the charges all of the above

An individual’s name can be published after being found in violation of the Code only if the local association adopts a policy authorizing publication after three violations of the Code of Ethics are found within two years only if a REALTOR® principal is expelled from membership A and B

An individual’s name can be published after being found in violation of the Code only if the local association adopts a policy authorizing publication after three violations of the Code of Ethics are found within two years only if a REALTOR® principal is expelled from membership A and B

Who has the right to due process? attorneys representing their clients complainants respondents all parties

Who has the right to due process? attorneys representing their clients complainants respondents all parties

Subpoenas can be issued by hearing panels to compel witnesses to testify in some ethics hearings in some arbitration hearings by the grievance committee only on matters considered by the board of directors

Subpoenas can be issued by hearing panels to compel witnesses to testify in some ethics hearings in some arbitration hearings by the grievance committee only on matters considered by the board of directors

A $500 administrative processing fee can be assessed as part of discipline imposed against complainants and respondents against respondents found in violation of the Code of Ethics A and B

A $500 administrative processing fee can be assessed as part of discipline imposed against complainants and respondents against respondents found in violation of the Code of Ethics A and B

Mediation is a voluntary dispute resolving process which should be initiated before a request for arbitration is reviewed by the grievance committee true false unable to answer given the information provided only if the board has adopted a policy to this effect

Mediation is a voluntary dispute resolving process which should be initiated before a request for arbitration is reviewed by the grievance committee true false unable to answer given the information provided only if the board has adopted a policy to this effect

For procuring cause purposes, a “successful transaction” is defined as the party paid the cooperating broker’s portion of a commission as a sale that closes or a lease that is executed one in which no parties or REALTORS® are sued when the seller accepts the buyer’s offer to purchase

For procuring cause purposes, a “successful transaction” is defined as the party paid the cooperating broker’s portion of a commission as a sale that closes or a lease that is executed one in which no parties or REALTORS® are sued when the seller accepts the buyer’s offer to purchase

A commission dispute between two REALTOR® salespeople affiliated with the same company must be arbitrated by the local association must join the REALTOR® principal may be arbitrated if the salespeople are still affiliated with the same company at the time of the hearing can relate to advertising expenses

A commission dispute between two REALTOR® salespeople affiliated with the same company must be arbitrated by the local association must join the REALTOR® principal may be arbitrated if the salespeople are still affiliated with the same company at the time of the hearing can relate to advertising expenses

If a respondent admits he violated the Code, and the hearing panel finds him in violation an appeal can be based on the nature or severity of discipline no appeal is available since the respondent admitted he violated the Code the only discipline that can be imposed is a letter of warning or a letter of reprimand no discipline should be assessed because the purpose of Code enforcement is educational

If a respondent admits he violated the Code, and the hearing panel finds him in violation an appeal can be based on the nature or severity of discipline no appeal is available since the respondent admitted he violated the Code the only discipline that can be imposed is a letter of warning or a letter of reprimand no discipline should be assessed because the purpose of Code enforcement is educational

If a complainant withdraws an ethics complaint after the grievance committee referred it for hearing the matter is closed the complaint cannot be refiled at a later date the hearing panel can become the complainant the grievance committee can become the complainant and the matter can proceed to a hearing only if there is a violation of the public trust.

If a complainant withdraws an ethics complaint after the grievance committee referred it for hearing the matter is closed the complaint cannot be refiled at a later date the hearing panel can become the complainant the grievance committee can become the complainant and the matter can proceed to a hearing only if there is a violation of the public trust.

Arbitration requests must be filed prior to closing of the underlying transaction must be filed within 180 days after the closing, regardless of when the complainant learned of the dispute may specify the dollar amount in dispute must be dated and signed by the complainant

Arbitration requests must be filed prior to closing of the underlying transaction must be filed within 180 days after the closing, regardless of when the complainant learned of the dispute may specify the dollar amount in dispute must be dated and signed by the complainant

The grievance committee may appoint committee members to help REALTORS® file complaints may appoint committee members to assist nonmember complainants in filing complaints may not act as a complainant must request a response from ethics respondents

The grievance committee may appoint committee members to help REALTORS® file complaints may appoint committee members to assist nonmember complainants in filing complaints may not act as a complainant must request a response from ethics respondents

If civil litigation is in progress when an ethics complaint is filed staff decides whether the ethics complaint will be heard the grievance committee chair decides whether to forward the ethics complaint for hearing board counsel recommends to the grievance committee whether the complaint should go forward to hearing, with the decision made by the committee the complaint is automatically held in abeyance pending outcome of civil litigation

If civil litigation is in progress when an ethics complaint is filed staff decides whether the ethics complaint will be heard the grievance committee chair decides whether to forward the ethics complaint for hearing board counsel recommends to the grievance committee whether the complaint should go forward to hearing, with the decision made by the committee the complaint is automatically held in abeyance pending outcome of civil litigation

Members of a hearing panel cannot question a witness before the opposing party has questioned the witness may discuss the case with any party subsequent to the hearing cannot recess a hearing for more than one hour may not absent themselves from the hearing while testimony or evidence is being submitted and then rejoin the tribunal

Members of a hearing panel cannot question a witness before the opposing party has questioned the witness may discuss the case with any party subsequent to the hearing cannot recess a hearing for more than one hour may not absent themselves from the hearing while testimony or evidence is being submitted and then rejoin the tribunal

The standard of proof for ethics decisions is a preponderance of the evidence for arbitration awards is clear, strong, and convincing proof for violations of MLS rules is a preponderance of the evidence for ethics appeals and procedural review of arbitration based on alleged procedural deficiencies or failures of due process is whether the effect was to deny the appellant a fair hearing

The standard of proof for ethics decisions is a preponderance of the evidence for arbitration awards is clear, strong, and convincing proof for violations of MLS rules is a preponderance of the evidence for ethics appeals and procedural review of arbitration based on alleged procedural deficiencies or failures of due process is whether the effect was to deny the appellant a fair hearing

CONGRATULATIONS! That is the end of Round #1 worth $125,000. The group, or groups, with the most correct answers must now correctly answer three bonus questions to win … $1,000,000

LET’S PLAY Round #2!

Appropriate discipline for an ethics violation could include an apology a specified number of hours of community service (not to exceed 30 hours) a fine of not more than $6,000 suspension or termination of MLS services

Appropriate discipline for an ethics violation could include an apology a specified number of hours of community service (not to exceed 30 hours) a fine of not more than $6,000 suspension or termination of MLS services

Dissenting opinions can be filed by arbitration hearing panel members can be filed by ethics hearing panel members but not disseminated to the parties may not be issued by the board of directors can be filed by ethics hearing panel members and are provided to the parties

Dissenting opinions can be filed by arbitration hearing panel members can be filed by ethics hearing panel members but not disseminated to the parties may not be issued by the board of directors can be filed by ethics hearing panel members and are provided to the parties

Which of the following is an appropriate basis for a procedural review request an error in interpreting or applying the procuring cause factors the discipline imposed is too severe the panel awarded more money than was requested the award amount is too large or too small

Which of the following is an appropriate basis for a procedural review request an error in interpreting or applying the procuring cause factors the discipline imposed is too severe the panel awarded more money than was requested the award amount is too large or too small

You win!!! (Check is in the mail)

Thanks for playing. For other policy training materials, refer to the Board Policy and Programs web site (URL: www.onerealtorplace.com \mempolweb.nsf) Produced by: The Member Policy Department of the National Association of REALTORS®