September 8th - 2009

Updated pamphlet available on Legal Forum

Receiving a letter from the Registrar indicating a complaint has been filed against you can be very intimidating.

Receiving a letter from the Registrar indicating a complaint has been filed against you can be very intimidating. It’s something a REALTOR® hopes never happens, but if it does, it’s good to know what resources are available to you.

“Resources to Assist REALTORS® when Dealing with the Registrar’s Complaints and Inquiries Process,” a newly updated Legal Pamphlet, is now available on www.orea.com. This pamphlet replaces the old pamphlet, “Resources to Assist REALTORS® when Dealing with the RECO CCD Process” that was removed from the OREA Web site once REBBA 2002 and the new REBBA Code of Ethics came into effect.

The updated pamphlet outlines the Registrar’s Complaints and Inquiries (RCI) process and sets out a list of resources and other information and tips to help a REALTOR® about whom a complaint has been made to the Registrar and/or RECO and who is involved in the RCI process. Not intended to be a manual, the goal of this pamphlet is to summarize the pages of complex information on the subject available on the RECO Web site. The pamphlet can help guide REALTORS® and their lawyers to the appropriate resources – of which there are many -- on RECO’s site.

Unlike RECO’s former CCD process, the Registrar’s Complaints and Inquiries Process encompasses more than just complaints about REBBA Code of Ethics violations and more than just the discipline hearing process. The RCI process deals with several types of breaches and offences under REBBA 2002 and its Regulations, and various enforcement mechanisms available to the Registrar and RECO to deal with those other infractions. However, the main focus of the updated legal pamphlet is that part of the RCI process dealing with alleged violations of the REBBA Code of Ethics and the related investigation and discipline procedures.

Knowledge is the best defence
The more you know about your obligations under REBBA 2002 and its various Regulations (including the REBBA Code of Ethics), the less likely it is that you will find yourself in trouble. OREA has several Continuing Education (CE) courses available to help REALTORS® learn about the various aspects of the REBBA Code of Ethics. Relevant CE courses include The Code of Ethics under REBBA and Risk and Liability Reduction both offered in class through the real estate boards, or online at www.orea.com.

Since agency disclosure and agency practices arise in a significant percentage of the complaints dealt with by the Registrar, REALTORS® are also encouraged to take one of OREA’s several agency courses, including: Agency Practice.

Other learning sources include the Q&A section of Legal Forum on the OREA Web site and the prior discipline decisions available on the RECO Web site. You can view the Resources to Assist REALTORS® when Dealing with the Registrar’s Complaints and Inquiries Process Legal Pamphlet at: http://www.orea.com/index.cfm/ci_id/1448/la_id/1.htm.

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For more information contact

Ontario Real Estate Association

Jean-Adrien Delicano

Manager, Media Relations

JeanAdrienD@orea.com

416-445-9910 ext. 246

Ontario Real Estate Association
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