RED - RAPID ETHICS DELIVERY

RED - Questions and Answers

EXPLANATION OF THE RAPID ETHICS DELIVERY PROGRAM (R.E.D.) The Rapid Ethics Delivery Program (R.E.D.) is our Association’s response to the ever-increasing need in our industry to streamline the current complaint process. Violations of the Code of Ethics and MLS Rules, bad behavior and lack of reporting occur regardless of what the current market-driven issue may be. We need a flexible and expedited program to deal with problems as they arise. The R.E.D. Program will take some responsibility off members to encourage reporting. The program was developed because

  • Members are reluctant to file complaints.
  • Lack of sufficient proof to present at a hearing.
  • Extended processing time (currently 60 days or more).
  • Penalties are perceived by members as insufficient.
  • Fear of retaliation discourages reporting.
  • The current procedural process is cumbersome, complicated, and time-consuming.
  • The R.E.D. program is accessible, easy to use, and improves participation.

If you believe that an Association member has acted inappropriately and may be in violation of a Code of Ethics and/or M.L.S. Rule, prior to filing a formal disciplinary complaint you, (the “Reporting Party”), can report the matter to the Association and that member (the “Offending Party”) may be put on notice. The R.E.D. Program does not impose any formal fines or charges unless certain criteria are met. Before you file any complaint, we always suggest that you first contact the broker or manager of the office in an attempt to settle the matter. If talking with the Broker or manager is unsuccessful, we encourage you to file because If nothing is done, it becomes the new normal.

Frequently Asked Questions

What is Rapid Ethics Delivery (R.E.D.)? +
Rapid Ethics Delivery (R.E.D.) is the Association’s Professional Standards program designed to quickly address and resolve potential Code of Ethics (C.O.E.) and M.L.S. Rule violations.
Why was R.E.D. established? +

R.E.D. was established in response to growing concerns about ethical behavior within the industry, low reporting rates, and the need for a flexible and expedited process.

  • Takes too long to file and resolve
  • Creates fear of possible retaliation
  • Does not allow complainants to remain anonymous
  • Feels ineffective, with little perceived outcome
  • Allows misconduct to continue
What is the objective of R.E.D.? +
The objective of R.E.D. is to modernize the ethics complaint process and encourage both members and the public to report potential violations.
Who can file a R.E.D. report? +
Any member of the Association or a member of the public may file a R.E.D. report against an Association member.
How do you report a violation? +
To report a violation, the Reporting Party completes the R.E.D. Questionnaire available on PWR’s website at www.pwr.net .
What will the Association do with the report? +
Once a completed R.E.D. Questionnaire is received, the Professional Standards Department will contact the Offending Party and his or her broker to advise that there is reason to believe a violation of the Code of Ethics and/or M.L.S. Rules may have occurred. A summary of the alleged violations will be included in the correspondence and the offending party will be asked to respond within 48 hours
Who is the R.E.D. Notice sent to? +
The R.E.D. Notice is sent via email to the agent believed to be in violation. The broker is copied on the notice.
How does the Offending Party defend itself? +

When contacted by the Association, the Offending Party will have the opportunity to submit a written response to the alleged violations.

The response may present the Offending Party’s version of events or describe how the issue has already been resolved.

Can a R.E.D. complaint be submitted anonymously? +

Yes. The R.E.D. Questionnaire includes an option for the Reporting Party to request anonymity.

In certain situations, anonymity may create a conflict. If this occurs, the Association will notify the complainant.

Most anonymous R.E.D. complaints involve advertising-related issues.

What does the R.E.D. letter consist of? +
The R.E.D. letter includes a summary explaining why the complaint was filed and identifies the possible Code of Ethics violations and unethical conduct attributed to the offending agent.
Will the offending agent receive disciplinary action? +

No. A R.E.D. complaint is not disciplinary in nature.

It serves as a warning, an educational tool, and an attempt to resolve the issue informally.

However, the agent will be monitored for future misconduct through an internal tracking system.

What if the Offending Party does not respond or the response is unsatisfactory? +

If the Offending Party does not respond satisfactorily or fails to respond at all, the Association will strongly encourage the Reporting Party to file a Formal Disciplinary Complaint.

When appropriate, the Association may also refer the matter to the Grievance Committee, which may file a Formal Disciplinary Complaint.

A Formal Disciplinary Complaint that meets all filing requirements must be submitted within one hundred eighty (180) calendar days after the facts constituting the alleged wrongful conduct could reasonably have been known, or within one hundred eighty (180) days after the conclusion of the transaction or event, whichever is later.

Will violations be tracked? +

Yes. The Association will track all reported violations through the R.E.D. Program.

If a pattern of violations is identified, the matter may be referred to the Grievance Committee for consideration of a Formal Disciplinary Complaint.

What does it mean to be tracked? +

The Association maintains a database that allows Professional Standards staff to track multiple reports or contacts involving specific agents or brokers over time.

What happens if an agent violates the same rule a second time? +

If an agent has previously received a R.E.D. warning and commits the same or a similar violation again, the Association may move forward with the Formal Ethics Hearing process.

Do you have to wait for a transaction to close before filing a R.E.D.? +

No. A R.E.D. complaint may be submitted as soon as the issue or potential violation is observed. A transaction does not need to be completed before filing.

How long does it take to hear back from the Association? +

Typically, the Association responds within forty-eight (48) hours after a R.E.D. complaint is submitted.

Who should I contact if I have questions? +

Questions regarding the R.E.D. Program should be directed to the Association’s Professional Standards Department.


Downloads

RED - Initial Questionnaire
RED - Questions and Answers
RED Program Summary