At DMAR, we take our commitment to professional and ethical business very seriously. Because we promise to uphold the Code of Ethics, DMAR processes ethics complaints and mediation and arbitration requests in-house with the assistance of our Professional Standards Committee. We offer free mediation services for Realtor® members when they find themselves in a dispute with another Realtor® and help your clients as well with mediation services for buyers and sellers who may find themselves in a dispute over earnest money or post-closing issues.
The ombudsman's role is primarily one of communication and conciliation, not adjudication. Ombudsmen do not determine whether ethics violations have occurred or who is entitled to what amount of money, rather they anticipate, identify, and resolve misunderstandings and disagreements before matters ripen into disputes and possible charges of unethical conduct.
Ombudsmen can field and respond to a wide variety of inquiries and complaints, including general questions about real estate practice, transaction details, ethical practice, and enforcement issues. Ombudsmen can also receive and respond to questions and complaints about members; can contact members to inform them that a client or customer has raised a question or issue; and can contact members to obtain information necessary to provide an informed response.
In cases where an ombudsman believes that a failure of communication is the basis for a question or complaint, the ombudsman can arrange a meeting of the parties and facilitate a mutually acceptable resolution.
Right to Decline Ombudsman Services: While ombudsman services are available to attempt to informally resolve complaints members and the public may decline ombudsman services. Their complaints are then referred to the proper resource for processing.
Confidentiality of Ombudsman Process: The allegations, discussions and decisions made in ombudsman proceedings are confidential.
Mediation is a form of facilitated negotiation in which an impartial third party attempts to help disputing parties reach a mutually satisfactory solution. DMAR is happy to offer our members the opportunity to use mediation to resolve conflicts, and we ensure that the process is fair, flexible and confidential. Additionally, DMAR also offers in-house buyer/seller dispute resolution services for your clients provided by Realtor® members thoroughly trained and experienced in mediation and the real estate industry. There are numerous benefits to choosing mediation. Because the mediation process is collaborative, not adversarial, it can help resolve issues while preserving positive relationships between all parties. Additionally, mediation often takes far less time and money than formal litigation. The goal of a successful mediation is to have both parties come to a mutual agreement in writing upon the mediation's conclusion. Once the agreement is signed, parties are legally bound to abide by its terms.
Realtors® agree as a condition of membership to arbitrate contractual disputes and specific non-contractual disputes as provided for in Article 17 of the NAR Code of Ethics. Arbitration is available to DMAR members. Note: Disputes between members from two different Boards/Associations are handled by the Colorado Association of Realtors® which you can contact at 303-790-7099.
The Code of Ethics ensures that Realtors® stick to a higher level of professionalism by outlining industry standards and expectations. This process helps our members, clients, and the industry by protecting Realtors® who adhere to principled practices and dealing formally with those who do not.
- Before You File an Ethics Complaint
- Ethics Complaints FAQs
- Code of Ethics
- Code of Ethics and Arbitration Manual
- Download Ethics Complaint Form
- Professional Standards Information from NAR
- Professional Standards Information from CAR
- Legal Hotline
If you have questions about ethics complaints or arbitration or mediation services, please contact Amber Alvarado, DMAR's Professional Standards & Leadership Services Manager at firstname.lastname@example.org or call 303-300-8489.