OMBUDSMAN TRAINING 2011

PMAR adopted Ombudsman Program, another service to assist the public and members when a member is involved. Can PMAR Help Me?

Informal Telephone Mediator REALTOR® Ombudsman may respond to general questions regarding real estate practices, transaction details, ethical practices and enforcement issues. Informal Telephone Mediator

Complainant’s Piece of the Puzzle Listen to complainant’s concerns and ascertain their desired outcome: Money Repairs Contract Issues Communication Etc. Complainant’s Piece of the Puzzle

Know Where You are Going Discuss possible avenues to reach desired outcome. Clarify that you understand their desired outcome and get permission to repeat information to the respondent. Know Where You are Going

Within 48 hours contact Principal Broker to explain matter and to offer your services. They may or may not want you to contact their agent directly. Entirely Voluntary

An Effort to Ascertain “ What’s Up?” Obtain information for an informed response. Get respondent’s permission to communicate their response back to the complainant. An Effort to Ascertain “ What’s Up?”

Broker may contact complainant directly if agreed to by complainant. Follow up in one week if direct contact. Another Option

Information Without Judgment Ombudsman will not adjudicate - make final decision or put anything in writing. Information Without Judgment

Do Not Determine: Who is right or wrong Whether ethical violations have occurred Who deserves the commission Avoid Checkmate

Process is Confidential Communications are not disclosed unless permission to repeat information is received from either party and never disclose information to 3rd parties. Upon completion, promptly destroy all materials. Process is Confidential

Refrain From Offering Legal Advice, and Medical as Well Avoid cases referred to legal counsel, OREA, PMAR Dispute Resolution System’s mediation and arbitration programs. Ethics Complaints alleging violations of the public trust should be referred to the Grievance Committee. Refrain From Offering Legal Advice, and Medical as Well

Some Cases are Best Avoided Cases to avoid: Apparent violations of law Large monetary amounts Complex cases Cases involving more than two parties Blatantly unreasonable or uncooperative parties Some Cases are Best Avoided

Uncomplicated Communication based Non or small monetary amount Resolved with simple education or by providing basic knowledge Best Cases to Call

Parties: Are unreasonable On fishing expedition Overly excited or irritable Exaggerates or misrepresents Threatens retribution or violence Red Flags are a Sign

Defuse situation and emotions Clarify issues and deal with facts Avoid irrelevant, inflammatory elements Find a “helpful” resolution Pearls of Wisdom

Challenging Encounters See Tips for Communicating with Angry Phone Contact in your handouts. Challenging Encounters

Acknowledge complaint has been received and call complainant within 48 hours. (2-3 attempts) See general script for phone call. Smiles are Heard

Unsuccessful – Next Move Depending on the circumstances complainant may: File complaint with PMAR (180 days) Seek legal advice File with OREA Do nothing Unsuccessful – Next Move

No aspect of the ombudsman process shall be relied upon or introduced as evidence in any arbitration, litigation, or other proceeding. Down the Road

Worksheet/Log & Final Report Complete the PMAR Ombudsman Log and return the Ombudsman Report to PMAR’s DRS Manager. Destroy all materials including the Worksheet /Log. Worksheet/Log & Final Report

Remember you are the “Good Guy” Thank You!