The Professional Standards Department of the REALTOR® Association of Greater Fort Myers and the Beach, Inc., deals with professionally based, ethics related complaints involving active REALTORS® of the Association with regard to a potential violation of the Code of Ethics set forth by the National Association of REALTORS®.   

Professional ethics complaints do not deal with any monetary award or compensation, as the Association is not empowered to make any type of financial restitution, nor provide any type of legal representation.

If the issue involves the enforcement of a civil matter for the payment of money, an attorney engaged in the private practice of law should be consulted. 

If the issue involves criminal prosecution for the violation of a state law, the State Attorney's Office should be consulted.  The local number for the State Attorney General's office is:  239-338-2440

The Code of Ethics imposes duties above and in addition to those imposed by law which apply to real estate professionals who choose to become REALTORS®.  The Code of Ethics is a criterion of excellence that sets a realistic standard of performance. 

Acceptance of REALTOR® membership in this Association by taking the oath at new member orientation creates a professional compact between the REALTOR® and the Association and implies that the REALTOR® will abide by the articles contained in the Code of Ethics.

Only REALTORS® and REALTOR-ASSOCIATE®s are subject to the Code of Ethics.  The REALTOR® Association of Greater Fort Myers and the Beach, Inc., assists in the process to determine whether one of the articles within the Code of Ethics has been violated, and not whether the law or real estate regulations have been broken. 

Only the courts can determine if the law has been broken and only the Florida Real Estate Commission can determine if any real estate regulations have been broken.

If a violation of one of more of the articles of the Code of Ethics is found, the end result would be some sort of disciplinary action being taken against the active member involved and would only affect their membership in the Association.

The ethics process does not affect their license with the state, as the Association cannot suspend or revoke a real estate professional's license. 

Here are some helpful guidelines and information for situations that are outside of the scope of Professional Standards:

1. Report unlicensed Real Estate activity to the State of Florida at 866-532-1440.
2. Report Property Management issues to the Florida Property Management Association at: 800-453-6334. 
3. Report Condominium issues to Florida's Division of Land Sales, Condominiums and Mobile Homes at:  850-488-1122. 
4. Report Escrow Issues to Florida's Real Estate Commission - Escrow Division at:  850-487-1395. 
5. Report Mortgage Fraud and issues to the Office of Financial Regulation for the State of Florida - Consumer Complaint Line at:  800-342-2762.
6. Questions for the Division of Business and Professional Regulations call the Customer Contact Center at:  850-487-1395.  
7. Report issues with Builders/Developers to:  Lee County Building Industry Association at:  239-936-5525.
8. Report issues with code violations in Lee County to:  Lee County Building Department at:  239-479-8585.

HOW TO FILE AN ETHICS COMPLAINT:
Many difficulties between real estate professionals often result from misunderstanding, miscommunication, or lack of adequate communication.  Before filing a complaint, try to contact the agent involved.  If that provides no resolution, try to contact the responsible broker for the office involved.  The Professional Standards process takes time and involves the filing of paperwork on your part.  You must be willing to make the commitment to follow the process through.

Here is a brief overview of the process involved in filing a complaint (the entire process can take 3 to 6 months from beginning to end):

1. Call the Association at:  239-936-3537 ext. 234.  Request a packet with all the necessary paperwork. 
2. The Association starts a file in the office the day your completed packet of paperwork is received back in the office.  Upon receipt of the complaint, a copy is mailed out to the individual you are complaining about (I.E. The respondent).
3. The respondent has 15 days from date of receipt of the packet to forward a reply.  Once the reply is received, the file is copied and forwarded to the Grievance Committee for review.
4. The Grievance Committee meets the last Tuesday of each month.  The role of the Grievance Committee is to act like a Grand Jury and determine if there are enough facts to substantiate a claim of a violation of one or more of the articles within the Code of Ethics.  The Grievance Committee reviews the file and determines if the case should be forwarded on for a Professional Standards Hearing or not.
5. If there are enough facts to substantiate a claim of a violation of one or more of the articles within the Code of Ethics, the case will be forwarded on for a Professional Standards Hearing.  The purpose of the hearing is to determine the Findings of Fact, which would identify whether or not a violation of one or more of the articles within the Code of Ethics actually occurred.
6. If a violation has occurred, the hearing panel will recommend disciplinary action against the respondent.  Possible disciplinary actions could include:  Letter of Warning, Letter of Reprimand, Requirement to attend some sort of Continuing Education class, Appropriate and Reasonable Fines, Association Membership placed on probation, suspension or in the extreme case, expulsion.

ETHICS VS. ARBITRATION:
There is a difference between an ethics complaint and a request for arbitration.  An ethics complaint charges a violation of the Code of Ethics.  A request for arbitration asks the REALTOR® Association of Greater Fort Myers and the Beach, Inc. to resolve a dispute between members through arbitration. 

The dispute usually involves a controversy as to the entitlement of a commission between agencies over procuring cause.  It does not deal with a dispute between an agent and their broker over non-payment of commissions.  T

The Association only accepts Arbitration Requests involving active members of the Association.  The Broker of Record of the agency requesting the agreement must file "A Request and Agreement to Arbitrate".  This form cannot be filled out by an agent and must include a check in the amount of $500 for a filing fee.  The process would then be the same as listed above for an ethics complaint. 

Code of Ethics (English)  - Click Here 

Code of Ethics (Spanish) - Click Here