Ethics Complaint FAQ's

Where do I obtain a copy of the ethics complaint form? 
The form may be obtained by clicking here or by calling the KAAR office at (865) 584-8647.

 

Who can file an ethics complaint? 
Any member of the public or Realtor® having reason to believe that a KAAR member is violation of the Code of Ethics may file an ethics complaint.

 

Is there a time limit? 
Ethics complaints must be filed within one hundred eighty (180) days after the conclusion of the transaction or within one hundred eighty (180) days of the time that the alleged offense and relating facts could have been known by the complainant in the exercise of reasonable diligence, whichever is later.

 

Who should I give the complaint form to? 
The completed complaint form and any supporting documents should be mailed to the KAAR Executive Officer at 609 Weisgarber, Knoxville, TN 37919 or emailed to lyle@kaarmls.com.

 

What should be included in the ethics complaint? 
In addition to the completed complaint form naming the appropriate Articles believed to have been violated, a written statement of the facts and any supporting documentation on which the complaint is based must be included.

 

When filing the complaint, should I cite Articles or Standards of Practice? 
Only Articles should be cited as a basis for a complaint.  The Standards of Practice may be listed or noted in support of the Articles.

 

What happens to the complaint when it is received by KAAR?
The complaint is reviewed by the KAAR Grievance Committee to determine if, taken as true on its face, a possible violation of the Code exists and the matter should be forwarded to a professional standards hearing.  The Grievance Committee does not decide if a member has violated the Code.

If the Grievance Committee forwards the matter to a professional standards hearing, a copy of the complaint is forwarded to the Respondent (the member alleged to have violated the Code).  The Respondent is asked to submit a response to the complaint. 

A professional standards hearing is scheduled for the Complainant and Respondent.  At the hearing both the Complainant and Respondent will be allowed a full opportunity to state his/her case.  Only a Professional Standards Hearing Panel, comprised of KAAR members, can determine whether the Code of Ethics has been violated. 

 

If a violation is found, what discipline can be imposed? 
Discipline against a member found to be in violation of the Code of Ethics may consist only of one or more of the following:

Letter of Warning with copy to be placed in the member’s file
Letter of Reprimand with a copy to be placed in the member’s file
Requirement that the member attend appropriate educational courses specified by the hearing panel
Appropriate fine not to exceed $15,000 (fine is paid to KAAR)
Member placed on probation for a stated period of time not less than thirty (30) days nor more than one (1) year
Member suspended for a stated period of not less than thirty (30) days nor more than one (1) year
Member expulsion for a specified period on one (1) to three (3) years
Suspension or termination of MLS rights and privileges

 

Are there complaints that should not be filed with KAAR? 
A charge of violating the rules and regulations of the Tennessee Real Estate Commission or other law cannot be considered by KAAR.  KAAR is not a court of law where civil or criminal actions can be resolved.