Saturday, August 8, 2020

Grievance Cases part 1

There is so much joy in the world of realtor code of ethics these days, that our committee is meeting twice a month. That is a big change from every other month. So, either there is more agents breaching their duties or there are more agents who have the free time to turn in their colleagues. 

The role of the grievance committee is to evaluate the evidence in front of us and decide whether or not there is a potential violation. If we believe there is--based on only the evidence in front of us (did I mention that?)--then we can recommend the Grand Inquisitor Squad try the case. At that point, the harmed party and the person making the complaint get to meet up and fight out their positions. As members of the Grievance Committee, we don't know how the cases turn out, which is really too bad. The Grand Inquisitor Squad, if a violation has been proven to be committed, then can censure the offending agents or suggest extra classes, levy a fine or even do something to make the agent's license disappear. 

The other bonus for the Grievance Committee is we can once in a while--and of course if appropriate--hand down financial citations against an agent. We had a couple cases this week that went this direction. 

In one of these cases, the agent in question was accused of something. In my opinion, had he just shut up and let the Grievance Committee do our job, we probably would have dismissed the case. I personally don't think there was enough evidence. 

But no, it wasn't just that there was a code of ethics breach, it was that his ego was offended. So, he wrote a rebuttal letter to the parties who accused him of an ethics breach. A three-page, single spaced nasty letter. In it, he admitted to what he did (and now there was enough evidence!). He defended his position. Then he spent the next two pages attacking and accusing the persons who filed the claim. Yep, he put it in writing. 

In his letter, he said that he made a lot of money and that's why he was justified in violating his duties to the public (hence, the ethics breach). He also promised the persons who filed the claim will (WILL!) see jail time for their, "defamation of his character." Two sentences in and I wasn't sure there was anything anyone else needed to do. He was defaming his character enough on his own. Plus, I would need to check with my favorite attorney, but I am pretty sure there is no jail time punishment for a civil character defamation lawsuit. 

Additionally, and I think everyone kind of felt sick here, he personally threatened the agents who filed the ethics claim, and I hope they get a restraining order. Anyway, some of what he said in his letter caused us Grievance Committee folks to decide a citation was a reasonable course of action. Unfortunately, there is no code of ethics breach or citation possible for being a pluperfect asshat, but there are times like this when I wish there were. We also agreed, because he willfully admitted he breached the Code of Ethics (though he felt completely justified), he needed to go to the High Inquisitor Squad. Hopefully they will rule in such a way to take his ego down a notch or two.  

 


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