It’s no surprise that members aren’t jumping for joy when they file a complaint or have it filed against them; it can be stressful not knowing the complaint process and what to expect.

While CREB^® works to support members going through this process and provide insight into what to expect, members are still welcome to contact CREB^® if questions arise. If you’ve been following along in this series over the last few weeks and are up to speed with the story, scroll down to the “Decisions, decisions” heading to see what happened next.

For our members who are just joining us in this series, here is what you missed so far:

Scooping sellers

• Syed claims Trey tried to steal his clients because Trey sent a card to Syed’s clients.
• Their brokers tried to work it out, but Syed doesn’t feel Trey should use this lead generation strategy; Syed and Sadie (his broker) filed a complaint with CREB^®.
• Trey and his broker, Aron, shared their side of the story with CREB^® (Trey was taking advice from his unnamed mentor), who shared that information with Syed and Sadie.
• Syed and Sadie reviewed Trey’s response and instructed CREB^® to have the matter investigated further to determine if Trey’s conduct was misaligned with the CREB^® Rules or REALTOR^® Code.
• The investigating team (3 CREB^® members trained to review and evaluate formal complaints) have interviewed Syed/ Sadie, Trey and Aron.
• It’s been two months since the first interviews, and the members involved are waiting for the investigating team’s decision to dismiss the complaint or identify sufficient evidence suggesting a Rule was violated, which would lead to a hearing.

Supervision shortage

• Marren conditionally sold her listing, and the home inspection was underway when her seller arrived home to find the home inspector alone in her house.
• After Marren’s broker, Evelynn, notified the buyer’s broker, Quinn, that his associate, Ryerson, left the inspector alone without permission, Marren filed a complaint with CREB^® with the support of her broker.
• Ryerson shared his version of events (he thought his assistant would stay with the inspector).
• Marren didn’t think this excuse was acceptable and told CREB^® to move to an investigation to compare Ryerson’s actions with the CREB^® Rules and REALTOR^® Code.
• The investigating team has interviewed Marren, Ryerson, Quinn and the home inspector.
• After five weeks of interviews and evaluating the complaint and other evidence presented, the investigating team has reached their decision.

Decisions, decisions

The independent investigating teams have provided their decisions to CREB^®, and CREB^® has sent those decisions to the members involved in the complaint. In both fictional situations, sufficient evidence supported the allegation.

In our Scooping seller's complaint, Trey, Aron, Syed and Sadie have been notified that a charge of violating CREB^® Rule Part II 4.01(b) and Part II 4.01(c) related to the Solicitation of Potential Clients has been laid against Trey. 

Meanwhile, Marren, Evelynn, Ryerson and Quinn are opening their emails to learn Ryerson has had charges laid against him for Use of Keys (CREB^® Rule Part 8.01(d)) and Securing the Property (CREB^® Rule Part 7.04) for Supervision shortage. There are some timely decisions that Trey and Ryerson will have to make… they must choose whether to admit that they violated the rules or declare they did not violate the rules.

After reviewing all the documentation included with the Scooping seller's decision, Trey admits he violated those rules. Ryerson, who is dealing with the Supervision shortage decision, has consulted with a lawyer and is choosing to maintain that he did not violate those rules.

Now that Trey and Ryerson have made their decisions, CREB^® is organizing a Penalty Hearing for Trey to determine the appropriate penalty for those violations. Ryerson will attend an Inquiry Hearing to determine whether or not he’s guilty of violating the rules. A guilty decision at the hearing would also include any consideration of penalties.

Next week, we’ll continue to follow these situations and closely examine what these fictional members experience as they attend their hearings.

Support is available

While we’re being creative in sharing the different phases of formal complaints through our fictional situations and members, we understand that filing a complaint or having a complaint against you can be worrying. If you are facing a stressful situation like the ones we’re sharing and you need additional support, CREB^® members have access to the REALTOR^® and Family Assistance Program, which provides professional and confidential short-term counselling to navigate a wide variety of issues.