Dear Member:
Enclosed is the information
you requested for filing a Request for Arbitration.
Please complete the Request and Agreement
to Arbitrate (form #A-1) and return it to
the Minnesota Association of REALTORS®, 5750
Lincoln Drive, Edina
MN 55436, as soon as possible. All claims must
be filed within 180 days from the date of closing,
if any, or within 180 days after the facts constituting
the matter could have been known in the exercise
of reasonable diligence, whichever is later.
This form requires that your request
be supported by an attached statement of factors
surrounding the dispute and signed by the designated
broker of your office. This statement should
be very thorough and you should include
copies of purchase agreements, listing contracts,
and closing statements, MLS data forms, agency
documents, as well as any other documentation
that may be pertinent to the dispute. Please
include ten (10) sets of your material
for use by the Professional Standards Committee
of the Minnesota Association of REALTORS®
Once we have received your request,
it will be reviewed and a determination will
be made if it is an arbitrable matter and should
proceed to a hearing. Prior to the hearing,
you will be given an opportunity to mediate
the dispute with the other party with the assistance
of a Mediation Officer. If both parties reach
an agreement through mediation, the case will
be closed. If this option is not used or the
parties fail to reach a resolution through mediation,
matter will then proceed to a hearing before
an impartial arbitration Hearing Panel. The
Hearing Panel will consider the whole course
of conduct of the parties. The enclosed outline
explains the criteria used in determining an
arbitration award.
The Request and Agreement to Arbitrate
form must be accompanied with a deposit of $250.00,
payable to the Minnesota Association of
REALTORS®. Each party is required
to pay a deposit and we will return the deposit
to the prevailing party. The non-prevailing
party's $250.00 will be retained to pay for
any administrative costs relating to the arbitration.
If you have any questions or need
additional assistance, do not hesitate to give
me a call or contact Linda Modlinski, Senior
Vice President, at the Minnesota Association
of REALTORS® (1-800-862-6097).
Sincerely,
Kathleen A. Schwartz
Chief Executive Officer
Encl.
