CCARToday - Contra Costa Association of REALTORS

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Ethics Advocates Your Most Valuable Resource in a Dispute

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Advocate

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ethics advocates your most valuable resource in a dispute

An Ethics Advocate (EA) is a no-cost resource available upon request, supporting complainants and respondents involved in disciplinary proceedings.

Ethics Advocates, who are trained Professional Standards volunteers, assist parties throughout the process. They help with concise form preparation, gathering evidence, and can provide support during hearings if requested.

While EAs are not attorneys and cannot practice law, they aid parties in presenting their case effectively, including completing Complaint and Response Forms and identifying relevant evidence. EAs do not act as witnesses during hearings. Although individuals must attend hearings themselves, an EA offers valuable assistance before, during, and after the hearing. It’s important to note that using an EA does not preclude parties from retaining their own legal representation if desired.

Both Complainants (if you filed the disciplinary complaint) and Respondents (if you’ve been named in an alleged ethics complaint) are entitled to the services of an Ethics Advocate.

CONTACT:

CCAR Professional Standards 
925.295.9220
[email protected]

C.A.R. OmbudsmEn

C.A.R. Ombudsmen are also available to answer non-legal questions and assist members in resolving non-legal issues. For more information, visit: www.car.org/helplines/ombudsman

Disciplinary vs. Arbitration Process

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Lady Justice Statue

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DISCIPLINARY & ARBITRATION complaints -
what's the difference?

Consumers and REALTORS may file two types of complaints with CCAR depending on the nature of the complaint. Disciplinary complaints are non-monetary and arbitration complaints involve monetary contractual/financial-related issues.

disciplinary complaints

CONSUMERS vs. REALTORS &:

REALTORS vs. REALTORS:

Disciplinary (non-monetary) complaints of unethical conduct refer to alleged violations of the National Association of REALTORS Code of Ethics, CCAR MLS Rules & Regulations and other membership duties set forth in the CCAR Bylaws. These complaints are reviewed by CCAR Professional Standards Committee and may result in disciplinary action against a member.

anonymous complaints

Anonymous disciplinary complaints may also be filed with CCAR. Special instructions apply. 

|  LEARN MORE  |

Professional Standards

| download flyer |

arbitration complaints

CONSUMERS vs. REALTORS &

REALTORS vs. REALTORS:

Arbitration (monetary) complaints refer to contractual issues and questions including entitlement to commissions and compensation in cooperative transactions that arise out of business relationships between REALTORS and REALTORS and REALTORS and their clients.

Arbitration complaints are subject to mediation services prior to formal arbitration proceedings.

support

CCAR Ethics Advocates provide members with assistance with the complaint filing process and representation throughout ethics hearings: [email protected]

C.A.R. Ombudsmen are REALTOR volunteers who are available to answer non-legal questions and assist in resolving non-legal issues: www.car.org/helplines/ombudsman.

180 days to file complaint

Complaints must be filed within 180 days from the time a complainant knows/reasonably should have known that unethical conduct occurred. After filing a formal ethics complaint, complainants can expect CCAR to follow standard processing procedures established by the California Association of REALTORS.

complaint forms

FILING instructions

code of ethics

mls rules & regulations

ccar bylaws

c.a.r. ethics & arbitration manual

CONTACT:

CCAR Professional Standards 

(925) 295-9220

[email protected]

Mediation

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Let's talk

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mediation the bridge to conflict resolution

The mediation process plays a vital role in conflict resolution. You use it informally with your kids, in your relationships, and probably in your every day life. CCAR’s Professional Standards mediation process bridges the gap between conflicting parties and facilitates constructive communication.

Mediation the mandatory first step in Arbitration

The CCAR arbitration process starts with the most common-sense approach to conflict resolution: mediation. Mediation is required in all monetary/contractual arbitration proceedings.

The mediation process provides members with a neutral forum to meet face-to-face and talk about their issues. Together, with the help and expertise of a trained Association mediator, they can resolve their own disputes before their case is placed in the hands of the Professional Standards Committee for a formal hearing. 

CONTACT:

CCAR Professional Standards 

(925) 295-9220

[email protected]

For more detailed information on Professional Standards processes and procedures, click here >

Here's how it works...

Mediators are specially trained member volunteers who have demonstrated a high success rate resolving monetary complaints. Attorney fees can be reduced or avoided entirely if the mediation results in a settlement.

Mediation sessions can be conducted within a few days or weeks following a dispute. They are conducted at CCAR headquarters and designed to facilitate open, candid discussion between all parties with the goal of reaching a resolution acceptable to all. All information discussed and disclosed is private and kept confidential.

While CCAR promotes mediation, please be advised of the following:

If you are the complainant in the dispute, you must also file an arbitration complaint to preserve your right to arbitration. 

If the parties are unable to reach a mutually acceptable resolution of the dispute through mediation, an arbitration hearing will be scheduled. 

Two Professionals Arguing

Mediators help empower the parties to reach their own mutually-acceptable resolution rather than have one imposed upon them

download the diagram:

Professional Standards

Government Advocacy: Your Lifeline to Prosperity

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realtor action fund logo

Now more than ever, Association membership is vital to your business; your dues and RAF contributions are yielding concrete benefits in real time enabling you to conduct business during a national public health crisis that has immobilized millions.

Throughout the past several months, CCAR, C.A.R. and NAR have been hard at work helping to keep your businesses alive and viable during the COVID-19 crisis. Among the outstanding achievements accomplished on your behalf during this shelter-in-place-era include the landmark coup at the county, state and national levels to establish residential real estate as an “Essential Service”.

Without the powerful influence and daily work of your Association government advocacy teams—the core service at the heart of your trade association benefits package—your business might still be shut down due to COVID-19. As a result of the dedicated campaign forged on your behalf to raise awareness and educate government officials about the critical necessity of residential real estate, CCAR, C.A.R. and NAR have opened up a lifeline between government authority and your industry.

Government Advocacy Victories

Following are some examples of your association dues at work to support your business:

CCAR Victories

  • Real Estate as Essential Business Classification
 
  • Property Viewing Authorization
 
  • Ongoing education/outreach to influence COVID-19 decision-making and legislation

Education Opportunities

The entire local, State and National REALTOR® Association network has created a dynamic program of services to meet your special needs during the COVID-19 pandemic. Powered by virtual technology, CCAR continues to offer a comprehensive education curriculum and provide uninterrupted membership benefits and services.

>  CCAR Education Calendar > 
>  C.A.R. Education Offerings > 
>  NAR Education Offerings > 

C.A.R. Victories

  • AB 2406 (Wicks) Statewide Rental Registry – C.A.R. opposed this measure as it sought to establish an expansive statewide one-size-fits-all mandate. It did not advance out of the Assembly Appropriations Committee and will not be moving forward this year.
  • AB 1905 (Chiu) Housing & Homeless Response Fund: Personal Income Taxation: Mortgage Interest Deduction – C.A.R. opposition efforts effectively killed this measure in the in the Assembly Housing and Community Development Committee.
  • SB 939 (Wiener) Emergencies: COVID-19: Commercial Tenancies: Evictions – C.A.R. opposition efforts successfully derailed this measure in the Senate Appropriations Committee and it will not be moving forward.
  • AB 2501 (Limon) COVID-19: Homeowner, Tenant, And Consumer Relief – C.A.R. is opposed to this measure as it may create negative effects on current and prospective homeowners and places onerous requirements for rental property owners and poses disastrous effects on tenants. AB 2501 was defeated on the Assembly Floor this week.
  • ACA 11 (Mullin) The Home Protection for Seniors, Severely Disabled, Families, and Victims of Wildfire or Natural Disasters Act – C.A.R. successfully influenced the passing of this enhanced measure in both legislative houses. It will replace C.A.R.’s original initiative on the ballot, strengthening the provisions and dedicated funding for fire protection and emergency response to safeguard communities across the state.

        See all recent C.A.R. legislative victories >

NAR Victories

  • Real estate “Essential Service” business classification
  • Self-employment
    protections and assistance
  • IRS protections/deadline delays for commercial real estate
  • Mortgage and rental forbearance and relief packages
  • Loans for independent contractors/ small businesses

See more details about NAR’s advocacy work during COVID-19 >

Contribute!

You can help influence future legislative action by contributing to the RAF – Realtor Action Fund >

REALTOR Guidelines to Comply with Essential Services Definition

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Updated Realtor Guidelines to Comply with Essential Services Definition

Contra Costa, Bay East and Bridge Association of REALTORS® offer the following guidelines to comply with Orders issued March 31, 2020 by the Public Health Officers of Alameda and Contra Costa Counties, and the City of Berkeley:

IT IS NOT BUSINESS AS USUAL

Six Bay Area Counties and the City of Berkeley issued new Shelter in Place Orders on March 31, 2020, permitting limited real estate transactions. We have been working with the public health agencies of those jurisdictions to obtain clarification on the implementation of the Order. Members must continue to shelter in place during the pandemic except when performing what the Order describes as “essential services.” When completing a real estate transaction, we offer the following guidelines:

Face Mask Guidelines for Essential Service Workers
 Effective April 22nd, Contra Costa County requires that all “essential services” workers, including residential real estate practitioners, wear face masks when engaged in any aspect of service to the public. Limited exceptions apply to children and when persons are alone or with members of their household. The following are guidelines for MLS users:

–   Always carry a face covering with you, even when alone or driving to perform a real estate service.

–   If meeting clients or other service providers at a property, bring, if available, clean and unused face coverings for yourself and others in the event they have not brought their own.

–  Insist that other service providers and clients follow your example and wear a face covering at all times when viewing a property or meeting to address a matter pertaining to your transaction.

–   Always drive in separate vehicles

–   Carry disinfectant or similar cleaning products to spray masks before and after use

–   Download the County Order for detailed specifications  >

Agents and Home Buyers – How to remain in compliance while visiting a vacant home:

–   Maintain social distancing

–   Face masks must be worn; follow instructions above 

–   Advise buyers not to touch anything

–   Agent should sanitize a lockbox before and after use

–   Only the agent should open doors, closets, cabinets, turn on/off lights, etc.

–   No one with any symptoms/has been diagnosed with a communicable disease should view a property

–   Agents should only close a property after a thoroughly sanitizing all surfaces that have been touched

Authorized Service Providers – Compliance Guidelines

–   Occupants must be absent from premises as specified in previous guidelines

–   No one should enter the property who has any symptoms/been diagnosed with a communicable disease

–   Agent should open lockbox, doors, etc.

–   Maintain social distancing

–   Service provider should wear masks and gloves when entering a home

–   Service provider should bring sanitizing products and sanitize surfaces after inspecting each component

GO VIRTUAL!

Whenever possible, all aspects of a transaction should be completed through virtual interaction. In-person contact is strongly discouraged.

Few exceptions:

If a virtual encounter is not feasible, entrance into a property may be made only under the following conditions: (1) ONLY if the property is vacant; (2) by appointment only; (3) with no more than TWO visitors from the same household escorted  by the agent.

Home inspectors, termite inspectors, sewer inspectors, appraisers, photographers and movers may access a home whether or not the home is occupied, provided they comply with Appendix A of the County Order. They must be: (1) escorted into the home by the agent; (2) Buyers are not allowed to be present; (3) Occupants must leave the property no less than 30 minutes prior to visit and return no less than 30 minutes following essential service provider visit.

What is the official definition of “Vacant”?

According to Contra Costa and Alameda Counties and the City of Berkeley, vacant means that no one is using the property as a residence or place of abode. In other words, the property is not occupied or used as a place to live and there is no intent to use it prior to the close of the transaction.

A property is NOT vacant if: (1) the occupant(s) are gone on a trip and intend to return; or (2) it is vacant just because the occupant(s) leave the property during the viewing allowed by the Orders.

Who CANNOT access a property?

County Orders do not allow for any cosmetic services such as staging or landscaping, used to beautify and not maintain a residence. Painters not engaged in structural repair or similar services are not allowed/subject to the essential service provider exception. Upkeep of landscaping, for example, is not considered essential.

Access to properties is restricted to contractors and service personnel who provide services necessary to maintaining habitability, sanitation and operation of the residence, or address safety of residents, employees or the public (such as fire safety or tree trimming to prevent dangerous conditions (e.g., plumbers, electricians, exterminators).

Residential real estate service providers

The exception for service providers enabling residential transactions only applies to residential transactions, not commercial or industrial. Service providers in Contra Costa and Alameda Counties and the City of Berkeley include real estate agents, escrow agents, notaries, title companies, home inspectors, appraisers, photographers and movers.

Stay safe. Work safe.

When providing essential services to the public always take the safest course, including working remotely and practicing all guidelines outlined by the CDC and County health departments. If personal contact is essential, practice social distancing.

Never… 

NEVER arrange an in-person meeting, visit or other contact when any of the participants have any symptoms or knowledge of possessing a communicable disease.

Always… 

ALWAYS refrain from touching surfaces touched by others except when absolutely necessary and then use CDC approved methods for sanitizing surfaces. ALWAYS wash hands and follow CDC advice for safety.

Consult with your Broker

Before conducting any business transactions, agents must first consult with their brokers and adhere to specific rules and guidelines established by their respective corporations/firms and the requirements set out in County/City orders. Members should seek individual counsel for legal and insurance matters.

All essential service providers must comply with Appendix A.

Resources:

 

·       CDC COVID-19 Guidelines

·       CoCo County Order HO-COVID19-03  >

·       Essential Services Compliance Guide >

·       Contra Costa Appendix A – Social Distancing Protocol Form  >

·       Alameda County Order No. 20-4  >

·       Berkeley Shelter in Place Order >

·       C.A.R. Realtor Best Practices  >

·       New applicable zipForms® >

 

·       CCAR Coronavirus Home  >

Check for updates

CCAR and other local Associations are working with government and health agencies to keep you informed and provide updates on orders and their interpretations. Important note:  Government agencies may be slow to publish new and/or changing rules. Continue to check for ongoing updates.

CCAR is working constantly with county officials and health authorities to clarify details and essential business protocols to educate members about the  requirements necessary to navigate safe business practices as dictated by respective authorities.

COVID-19 orders, directives and interpretations are subject to change at any time. We strive to provide current and accurate information we receive from third-party sources but cannot guarantee the accuracy and current status of any information provided. We strongly recommend viewing official government agency websites to obtain confirmation and the most current information.