When a Real Estate Dispute Arises, First Call Your Realtor®
Your Realtor® can be instrumental in helping resolve conflicts and disputes. Talk with your Realtor® before you initiate any mediation proceedings. Also, you may wish to discuss the matter with your attorney. Your attorney may be able to provide you with advice and counsel and may be able to help you resolve the matter without having to proceed to mediation.
The Oregon State Bar can refer you to a lawyer who specializes in real estate matters. The referral service is available Monday through Friday, 9:00 a.m. to 5:00 p.m., at 1-800-452-7636.
Small Claims Court
The Real Estate Sale Agreement published by Oregon Real Estate Forms, LLC, provides that in the event of a dispute, all claims within the $10,000 jurisdictional limit of the Oregon Small Claims Court shall be brought and decided there, in lieu of mediation, arbitration, or litigation in any court of law. Click here for more information about Small Claims Court.
1) Ombudsman Program: The Ombudsman Program in its simplest definition is informal telephone mediation. In some cases, it can address and solve minor complaints from the public. It can also solve inter-Realtor® conflicts before they become serious problems. Like a mediator, an ombudsman helps parties find solutions. This free program is available to CCBR members, their clients and customers through an agreement with PMAR. More info here.
2) Code of Ethics Complaint: This charges that a Realtor® has violated one of the articles of the Code of Ethics. Download a Guide to Filing an Ethics complaint here.
3) Mediation: If you have talked with your Realtor® and made every effort to resolve your dispute, CCBR has contracted with PMAR to offer a Dispute Resolution Services program providing mediation to help resolve disputes over $10,000.
4) Realtor® Arbitration: Available to Realtors® only. The Arbitration process takes the place of formal court litigation and involves a dispute arising out of a real estate transaction, usually a commission dispute. Download a Guide to Filing an Arbitration Request here.