1. Developing a Local Ombudsman Program
2011 REALTORS® Conference and Expo
Anaheim, CA
Facilitators: Diane Disbrow and Wally Folks

2. Agenda - Opening Remarks/Introductions
- Background/Purpose of Ombudsman 
Panel Discussion/ Q&A
Implementation/Resources
- Closing Remarks

3. Introduction of Panelists
- Patricia Webb, Texas Association of REALTORS® - Doug Barber, Colorado Association of REALTORS® - LaDawn Anderst, Idaho Association of REALTORS® - Jonathan Kessler, Hunterdon/Somerset Association of REALTORS® - Tess Pickerel, Pueblo Association of REALTORS®
Ombudsman Training Feb Texas Assn. of REALTORS

4. You never know when a dispute may arise
Ombudsman Training Feb Texas Assn. of REALTORS

5. Ombudsman… What is it? How does it work?
Initial problem solving before misunderstandings or disagreements ripen into disputes and possible unethical charges filed.
Ombudsman Training Feb Texas Assn. of REALTORS

6. Ombudsman Definition
Om-buds-man – One who investigates complaints, as from consumers, and mediates grievances and disputes.
The American Heritage Dictionary
Ombudsman Training Feb Texas Assn. of REALTORS

7. REALTOR® Ombudsman
An informal peer “mediator” working by telephone (usually) to resolve disputes between parties in a real estate transaction.
Ombudsman Training Feb Texas Assn. of REALTORS

8. Public perception of the REALTOR® complaint process
- Feel process is too cumbersome - Difficult to understand - Too much paperwork - Have to attend a hearing? - Only want to be heard - Just help fix the problem! - May feel the association is protecting it’s own

9. Ombudsman Benefits
1) Provides enhanced communications 2) An initial attempt to solve problem 3) Valuable to members and the public
Ombudsman Training Feb Texas Assn. of REALTORS

10. Complaints
- Many don’t allege violations of specific articles of COE - Are transactional, technical, procedural questions - Most are results from lack of communication - Some may be violations of the Code - Some may be monetary disputes
Ombudsman Training Feb Texas Assn. of REALTORS

11. Benefits to Consumers
- “Story” heard - Someone cares and listens - Overcome feeling that one REALTOR® covers up for another - Willing to reopen communication with help of Ombudsman - SAVES TIME!
Ombudsman Training Feb Texas Assn. of REALTORS

12. Ombudsman Role Play

13. Ombudsman Role
- Communication & conciliation - Not to determine whether ethical violations have occurred - Anticipate & resolve misunderstandings and disagreements BEFORE matters escalate - Not to determine who deserves the commission
Ombudsman Training Feb Texas Assn. of REALTORS

14. Other considerations - If Ombudsman service is declined
Can file a written complaint
- If Ombudsman reaches desired outcome but party does not comply
May still file a formal compliant
- Possible violations of the public trust.
Ombudsman Training Feb Texas Assn. of REALTORS

15. Characteristics of a Good REALTOR® Ombudsman
- Must be fair and credible - Must be impartial and avoid determining right or wrong - Honor confidentiality - Knowledge of COE, state license laws, RE contracts & general real estate business practices
Ombudsman Training Feb Texas Assn. of REALTORS

16. Ombudsman Service and Professional Standards Process
The 180-day filing deadline is suspended during efforts to settle a dispute using an ombudsman. The suspension will begin from the request to use the association’s ombudsman services and resume when those efforts are concluded or terminated. Questions about beginning and ending dates will be determined by the Association President or their designee.

17. Panel Discussion
There are set questions for the panelists, but the audience is welcome to ask their own questions too.

18. Implementation
1) Get your leadership team on board 2) Board of Directors approval 3) Getting your members onboard 4) Selling the benefits to the members 5) Qualified Ombudsman 6) Training program in place
Ombudsman Training Feb Texas Assn. of REALTORS

19. Realtor.org Resources For examples of local ombudsman materials go to:

20. GOOD LUCK!
Questions?
Ombudsman Training Feb Texas Assn. of REALTORS