Dispute Resolution System – Mediation Services
RASE Professional Standards Services
REALTORS® everywhere have pledged to meet the Code’s high professional standards upon becoming members of the Association. Even with the best of intentions, planning and preparation, occasional disagreements arise between REALTORS® and/or REALTOR® clients. The professional standards process plays a very important role. It helps ensure honorable and competent service to our members, their clients, and other members of the public.
Arbitration (Financial Disputes between Brokers)
Arbitration is a means of resolving disputes, generally involving commissions and compensation, which arise out of business relationships between Brokers. A non-principal (REALTOR® that is not a Broker) cannot file an arbitration request, although their name may be joined on the request and may attend and participate in the arbitration.
Requests for arbitration must be filed within one hundred eighty (180) days after the closing of the transaction, if any, or within one hundred eighty (180) days after the facts constituting the arbitrable matter could have been known in the exercise of reasonable diligence, whichever is later.
To preserve the integrity of our industry any violations of the Code of Ethics or MLS Rules by one of our members should be reported to the Association. Complaints can be filed by any person. Whether a member or not, having reason to believe that a member is in violation of any conduct subject to disciplinary action.
A complaint may be filed provided it is filed within one hundred eight (180) days after the facts constituting the matter complained or could have been known in the exercise of reasonable diligence or within one hundred eighty (180) days after the conclusion of the transaction, whichever is later. 2018 Realtor Code of Ethics
Consider the services of an Ombudsman to resolve an issue prior to filing an Ethics or Arbitration complaint. An Ombudsman helps resolve misunderstandings and disagreements through communication and conciliation, not adjudication.
Ombudsmen are trained REALTOR® members who are familiar with the RASE Bylaws, MLS Rules & Regulations, Code of Ethics, South Dakota real estate regulations, and current real estate practices. Ombudsmen can respond to questions and complaints about members; contact members to inform them that a client or customer has raised an issue; and contact members for details that will provide an informed response.
If a party does not wish to attempt resolution with an Ombudsman, or the Ombudsman is unable to facilitate a resolution for the parties, the parties may progress to a formal Ethics or Arbitration Complaint.
If you would like to resolve your issue through the Ombudsman Program, contact the RASE Director of Dispute Resolutions or Chief Executive Officer at 605-334-4752. RASE Ombudsman Program
Mediation (Disputes between Buyer and Seller)
If a dispute arises (usually over lack of disclosure) RASE offers mediation for your clients. Mediation is a process in which disputing parties attempt to resolve their disagreements with the help of an impartial, trained third party, a mediator.
Note: We NEVER offer legal advice to members or the public. Please contact the State Bar of South Dakota for assistance or referral to a real estate attorney.
State Bar of South Dakota
Role of the REALTOR® Association of the Sioux Empire, Inc.
The REALTOR® Association of the Sioux Empire only distributes paperwork, collects responses and mediation deposit fees, and submits all to the DRS mediator. The REALTOR® Association of the Sioux Empire has no other role in the mediation process.
For more information or an Arbitration, Ethics, or Mediation Packet, send request to, email@example.com.
Are You Working with a Real Estate Broker or a REALTOR®?
Not every person engaged in the real estate business is a REALTOR®. The term REALTOR® is a federally registered trademark that refers only to real estate professionals who are members of the National Association of REALTORS® and subscribe to the National Association’s strict Code of Ethics. In addition, members of the National Association of REALTORS® can earn designations as specialists in property management, real estate counseling, real estate securities and syndication, and residential, commercial and farm brokerage.
So remember, whether you are buying or selling a home, office, farm, vacation hideaway, or investment property, choose a REALTOR®. They are more than just a real estate broker. They are committed to their profession and America’s property owners.