1. OMBUDSMAN TRAINING
2011

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

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

4. 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

5. 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

6. 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

7. 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?”

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

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

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

11. 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

12. 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

13. 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

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

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

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

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

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

19. 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

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

21. 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

22. Remember you are the “Good Guy”
Thank You!