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Complaint Procedures

REALTORS® Code of Ethics

Associations of REALTORS® are responsible for enforcing the REALTORS® Code of Ethics. The Code of Ethics imposes duties above and in addition to those imposed by law or regulation which apply only to real estate professionals who choose to become REALTORS®. It’s important to remember only REALTORS® are subject to the Code of Ethics of the National Association of REALTORS®. Learn more about NAR’s Ethics Complaints, Arbitration Requests, and Related Information.

The Nebraska REALTORS® Association has procedures in place if you need to file a complaint related to a real estate transaction against a member.

 

Types of Complaints

Ombudsman Program (Ethics or Arbitration)

Ombudsman Services provide an informal, confidential, and voluntary way to help resolve concerns related to real estate transactions before they become formal ethics or arbitration complaints. An Ombudsman is a trained, impartial REALTOR® who acts as a neutral facilitator to improve communication, clarify misunderstandings, and assist parties in reaching a mutually acceptable resolution.

Many disputes arise from miscommunication or a lack of information. Through the Ombudsman process, parties have the opportunity to discuss their concerns, ask questions, and work toward resolving issues quickly and professionally.

Ombudsman Services may be appropriate for concerns involving communication, transaction issues, or potential misunderstandings between consumers and REALTORS® or between REALTORS®, provided at least one of the parties is a REALTOR® member.

Participation in the Ombudsman program is voluntary, and the Ombudsman does not determine who is right or wrong, provide legal advice, or impose disciplinary action. If a resolution cannot be reached, parties may still have the option to pursue a formal ethics complaint or arbitration request, if applicable.

If you believe Ombudsman Services may help resolve your concern, please complete the Ombudsman Request Form, and a member of our Professional Standards team will contact you regarding the next steps.

 

Ethics Complaint

Please review the information contained in the document Before You File an Ethics Complaint to familiarize yourself with the complaint procedures.

After reviewing the previous document, please review the Code of Ethics and Standards of Practice of the NATIONAL ASSOCIATION OF REALTORS®.  If you believe a REALTOR® may have violated one or more of the Articles of the Code of Ethics, refer to the Code of Ethics Complaint Form below and the accompanying instructions to file an ethics complaint.

Before filing your complaint please remember that not all real estate licensees are REALTORS®.  The Nebraska REALTORS® Association only has jurisdiction over active members of the NATIONAL ASSOCIATION OF REALTORS®.  In addition, the Nebraska REALTORS® Association is not the licensing agency in Nebraska.  License law violations fall under the jurisdiction of the Nebraska Real Estate Commission.  If you have a question regarding whether or not a licensee has violated Nebraska License Laws, please contact the Nebraska Real Estate Commission at (402) 471-2004.

 

Citation Program (Ethics Hearing Potential Alternative)

The Nebraska REALTORS® Association adopted an Ethics Citation Policy effective January 1, 2022. Only certain Articles & Standards of Practice are subject to citation. You can view the complete Citation Policy HERE, including a schedule of fines. 

Given the time-consuming and confrontational nature of a contested hearing, the Citation Program is designed to save time, money, and other resources by possibly eliminating the need for a hearing in certain circumstances.

The process to file a complaint remains the same, but following an initial review by a panel of the Grievance Committee, it will be forwarded to determine if it is a “citable offense” and otherwise covered by the Citation Program. If so, a fine (and possibly education requirements) may be imposed by issuing a “citation.” A respondent can elect to either pay the fine (and take any required classes) or request to proceed to a full hearing.

 

Mediation Program (Arbitration - REALTOR® vs REALTOR® ONLY)

The Nebraska REALTORS® Association provides a voluntary Mediation service for members who wish to resolve business disputes amicably and efficiently. Mediation offers an alternative to arbitration, allowing both parties to work together with a neutral mediator to find a mutually agreeable solution. We have professionally trained mediators available who are dedicated to helping members navigate disputes in a collaborative, confidential setting.

How Mediation Works

The mediation process is straightforward:

  1. Request Mediation: One party initiates the process by completing the Mediation Request Form.
  2. Agreement to Mediate: If the other party agrees to participate, the Association will schedule a mediation session at a mutually convenient time.
  3. Mediation Session: Both parties meet with an assigned mediator who facilitates discussions to help them reach a voluntary resolution.

If both parties do not agree to mediate, the process cannot proceed. Each party pays a non-refundable $50.00 fee to the Nebraska REALTORS® Association for the mediation service.

Benefits of Mediation

  • Voluntary Participation: Mediation is based on mutual consent, making it an ideal choice for those willing to work collaboratively.
  • Confidential and Private: Unlike arbitration or court proceedings, mediation sessions are confidential, ensuring privacy for all parties involved.
  • Time and Cost-Effective: Mediation often resolves disputes faster and more affordably than formal arbitration or litigation.
  • Maintains Relationships: Because mediation fosters open communication, it can help preserve business relationships by focusing on solutions rather than conflict.

If you’re interested in pursuing mediation, complete the Mediation Request Form to get started. Our mediation service provides a supportive environment for resolving disputes and reaching a fair outcome that benefits all involved. See our Mediation Policy for more information.

 

Arbitration Complaint

Arbitration is a formal dispute resolution process used to resolve certain contractual or commission disputes between REALTORS®. Rather than filing a lawsuit, eligible disputes are heard by an impartial Arbitration Hearing Panel that reviews the evidence and determines the outcome based on the facts presented and the applicable National Association of REALTORS® arbitration procedures.

Arbitration through the Association is generally available only for disputes between REALTORS® (or their firms) that arise out of their real estate business and involve a contractual issue, such as entitlement to compensation. The Arbitration Hearing Panel does not consider allegations of unethical conduct, award punitive damages, or address requests unrelated to the contractual dispute.

Before filing for arbitration, REALTORS® are encouraged to consider mediation. Mediation is a voluntary, confidential process in which a trained, neutral mediator helps the parties communicate and explore a mutually acceptable resolution. If mediation is unsuccessful or the parties choose not to participate, an eligible arbitration request may still be filed.

If you believe your dispute is subject to REALTOR® arbitration, please review the filing requirements and complete the Arbitration Request Form. Our Professional Standards staff can answer questions about the process but cannot provide legal advice or determine the merits of a dispute.