7. COMPLAINANTS.
7.1 The MLS Committee requires that all MLS complaints MUST be submitted in writing, and on the prescribed MLS Complaint form. Verbal complaints WILL NOT be accepted per the MLS Committee Policy as voted upon and approved by the BOD.
TCMLS has a “self-policing policy.” It is not the MLS policy for staff to go through the MLS database to find errors and/or violations. MLS users are responsible for policing the integrity of the MLS Data. No “official” courtesy call will be made when alleged MLS data violations occur, but members are to be encouraged to call each other for “courtesy calls” prior to filing an official complaint.
Alleged violations of MLS Rules or complaints - shall be submitted to the MLS office for review by the MLS Committee. Staff does not make determinations on alleged violations, only the MLS Committee or other authorized body, such as the Professional Standards Committee, makes such determinations.
All MLS rules hearings shall be in accordance with the California Code of Ethics and Arbitration Manual as from time to time amended and which is hereby incorporated by reference.
Citations - The MLS Committee, as approved by the Association’s Board of Directors, may issue citations for alleged Rules Violations.
Any MLS participant receiving a citation for alleged Rules Violations has the option to:
(1) pay a citation in the amount proposed to resolve the citation; or
(2) submit a written response to the citation for consideration by the MLS
Committee; or
(3) personally appear before the MLS Committee to request a review of the
matter by the MLS Committee; or
(4) request a full hearing before the Professional Standards Committee in
accordance with the procedures set forth in the California Code of Ethics
and Arbitration Manual.
If the respondent requests a hearing before the Professional Standards Committee, the MLS Committee may act as the Complainant or the citation may be referred by the MLS Committee to the Grievance Committee, who will then act as the complainant at the hearing.
As the complainant, the Grievance Committee can conduct further investigation and gather all relevant evidence in order to present the matter at the hearing. It should be noted, that when a citation is issued, the Grievance Committee is not obligated to proceed as the complainant. For example, if upon investigation the Grievance Committee determines that the citation was issued in error or the evidence indicates there was no infraction of the MLS rules, the Grievance Committee is not bound to proceed with the complaint and may dismiss the citation/complaint.
The purpose of using a citation system is to provide an expeditious and convenient way for participants who admit the infraction to pay a citation amount rather than participate in a full hearing. The purpose of the citation system IS NOT to replace the hearing process, an individual is entitled to a full hearing before the Professional Standards Committee if requested.
7.2 CITATIONS
Any discipline imposed via “citation” must comply with the provisions of Section 14. Nature of Discipline, in the current NAR Code of Ethics and Arbitration Manual.
7.3 TCMLS Policy regarding SOLD reporting Complaints: Complainant “must” provide proof of sale - "Sold" - by Title Company Property Profile info or other reliable proof of an unreported SOLD property status when a complaint is received.