Who Wants to Be a Millionaire -

1. Who Wants to Be aMillionaire - P.S. Procedural Quiz

2. Each group will have an opportunity to answer an equal number of questions. The table with the most correct answers will receive three bonus questions and a chance to win …$ 1,000,000

3. GOOD LUCK!

4. The REALTORS®Code of Ethics is based on • “caveat emptor” • the golden rule • real estate license law • federal anti trust law

5. The REALTORS®Code of Ethics is based on • “caveat emptor” • the golden rule • real estate license law • federal anti trust law

6. An ethics complaint can be filed by • board members • members of the public • someone involved as a principal or agent in the transaction • all of the above

7. An ethics complaint can be filed by • board members • members of the public • someone involved as a principal or agent in the transaction • all of the above

8. A seller-client can compel arbitration • with a cooperating (“selling”) broker • with the buyer • any time subsequent to the closing • if there is a contractual agreement with the listing broker

9. A seller-client can compel arbitration • with a cooperating (“selling”) broker • with the buyer • any time subsequent to the closing • if there is a contractual agreement with the listing broker

10. The grievance committee • holds preliminary hearings • determines that the Code may have been violated • can amend arbitration requests • cannot have it’s role carried out by a subset of the professional standards committee

11. The grievance committee • holds preliminary hearings • determines that the Code may have been violated • can amend arbitration requests • cannot have it’s role carried out by a subset of the professional standards committee

12. The grievance committee’s role in arbitration is to • determine arbitrability • determine whether arbitration is mandatory or voluntary • determine if the appropriate parties are named • all of the above

13. The grievance committee’s role in arbitration is to • determine arbitrability • determine whether arbitration is mandatory or voluntary • determine if the appropriate parties are named • all of the above

14. In an appeal of a grievance committee’s decision • parties can challenge members of the board of directors • parties can appear and argue their positions • attorneys for the parties may be present • only the information the grievance committee had when it made its determination will be given to the directors

15. In an appeal of a grievance committee’s decision • parties can challenge members of the board of directors • parties can appear and argue their positions • attorneys for the parties may be present • only the information the grievance committee had when it made its determination will be given to the directors

16. An ethics complaint can be amended by • the complainant with the hearing panel’s concurrence • the grievance committee • the hearing panel before the hearing • all of the above

17. An ethics complaint can be amended by • the complainant with the hearing panel’s concurrence • the grievance committee • the hearing panel before the hearing • all of the above

18. The concept of due process includes the right to • a full and fair hearing • an impartial tribunal • a full and complete knowledge of the charges • all of the above

19. The concept of due process includes the right to • a full and fair hearing • an impartial tribunal • a full and complete knowledge of the charges • all of the above

20. An individual’s name can be published after being found in violation of the Code • only if the local association adopts a policy authorizing publication • after three violations of the Code of Ethics are found within two years • only if a REALTOR® principal is expelled from membership • A and B

21. An individual’s name can be published after being found in violation of the Code • only if the local association adopts a policy authorizing publication • after three violations of the Code of Ethics are found within two years • only if a REALTOR® principal is expelled from membership • A and B

22. Who has the right to due process? • attorneys representing their clients • complainants • respondents • all parties

23. Who has the right to due process? • attorneys representing their clients • complainants • respondents • all parties

24. Subpoenas can be issued by hearing panels to compel witnesses to testify • in some ethics hearings • in some arbitration hearings • by the grievance committee • only on matters considered by the board of directors

25. Subpoenas can be issued by hearing panels to compel witnesses to testify • in some ethics hearings • in some arbitration hearings • by the grievance committee • only on matters considered by the board of directors

26. A $500 administrative processing fee can be assessed • as part of discipline imposed • against complainants and respondents • against respondents found in violation of the Code of Ethics • A and B

27. A $500 administrative processing fee can be assessed • as part of discipline imposed • against complainants and respondents • against respondents found in violation of the Code of Ethics • A and B

28. Mediation is a voluntary dispute resolving process which should be initiated before a request for arbitration is reviewed by the grievance committee • true • false • unable to answer given the information provided • only if the board has adopted a policy to this effect

29. Mediation is a voluntary dispute resolving process which should be initiated before a request for arbitration is reviewed by the grievance committee • true • false • unable to answer given the information provided • only if the board has adopted a policy to this effect

30. For procuring cause purposes, a “successful transaction” is defined as • the party paid the cooperating broker’s portion of a commission • as a sale that closes or a lease that is executed • one in which no parties or REALTORS® are sued • when the seller accepts the buyer’s offer to purchase

31. For procuring cause purposes, a “successful transaction” is defined as • the party paid the cooperating broker’s portion of a commission • as a sale that closes or a lease that is executed • one in which no parties or REALTORS® are sued • when the seller accepts the buyer’s offer to purchase

32. A commission dispute between two REALTOR® salespeople affiliated with the same company • must be arbitrated by the local association • must join the REALTOR® principal • may be arbitrated if the salespeople are still affiliated with the same company at the time of the hearing • can relate to advertising expenses

33. A commission dispute between two REALTOR® salespeople affiliated with the same company • must be arbitrated by the local association • must join the REALTOR® principal • may be arbitrated if the salespeople are still affiliated with the same company at the time of the hearing • can relate to advertising expenses

34. If a respondent admits he violated the Code, and the hearing panel finds him in violation • an appeal can be based on the nature or severity of discipline • no appeal is available since the respondent admitted he violated the Code • the only discipline that can be imposed is a letter of warning or a letter of reprimand • no discipline should be assessed because the purpose of Code enforcement is educational

35. If a respondent admits he violated the Code, and the hearing panel finds him in violation • an appeal can be based on the nature or severity of discipline • no appeal is available since the respondent admitted he violated the Code • the only discipline that can be imposed is a letter of warning or a letter of reprimand • no discipline should be assessed because the purpose of Code enforcement is educational

36. If a complainant withdraws an ethics complaint after the grievance committee referred it for hearing • the matter is closed • the complaint cannot be refiled at a later date • the hearing panel can become the complainant • the grievance committee can become the complainant and the matter can proceed to a hearing only if there is a violation of the public trust.

37. If a complainant withdraws an ethics complaint after the grievance committee referred it for hearing • the matter is closed • the complaint cannot be refiled at a later date • the hearing panel can become the complainant • the grievance committee can become the complainant and the matter can proceed to a hearing only if there is a violation of the public trust.

38. Arbitration requests • must be filed prior to closing of the underlying transaction • must be filed within 180 days after the closing, regardless of when the complainant learned of the dispute • may specify the dollar amount in dispute • must be dated and signed by the complainant

39. Arbitration requests • must be filed prior to closing of the underlying transaction • must be filed within 180 days after the closing, regardless of when the complainant learned of the dispute • may specify the dollar amount in dispute • must be dated and signed by the complainant

40. The grievance committee • may appoint committee members to help REALTORS® file complaints • may appoint committee members to assist nonmember complainants in filing complaints • may not act as a complainant • must request a response from ethics respondents

41. The grievance committee • may appoint committee members to help REALTORS® file complaints • may appoint committee members to assist nonmember complainants in filing complaints • may not act as a complainant • must request a response from ethics respondents

42. If civil litigation is in progress when an ethics complaint is filed • staff decides whether the ethics complaint will be heard • the grievance committee chair decides whether to forward the ethics complaint for hearing • board counsel recommends to the grievance committee whether the complaint should go forward to hearing, with the decision made by the committee • the complaint is automatically held in abeyance pending outcome of civil litigation

43. If civil litigation is in progress when an ethics complaint is filed • staff decides whether the ethics complaint will be heard • the grievance committee chair decides whether to forward the ethics complaint for hearing • board counsel recommends to the grievance committee whether the complaint should go forward to hearing, with the decision made by the committee • the complaint is automatically held in abeyance pending outcome of civil litigation

44. Members of a hearing panel • cannot question a witness before the opposing party has questioned the witness • may discuss the case with any party subsequent to the hearing • cannot recess a hearing for more than one hour • may not absent themselves from the hearing while testimony or evidence is being submitted and then rejoin the tribunal

45. Members of a hearing panel • cannot question a witness before the opposing party has questioned the witness • may discuss the case with any party subsequent to the hearing • cannot recess a hearing for more than one hour • may not absent themselves from the hearing while testimony or evidence is being submitted and then rejoin the tribunal

46. The standard of proof • for ethics decisions is a preponderance of the evidence • for arbitration awards is clear, strong, and convincing proof • for violations of MLS rules is a preponderance of the evidence • for ethics appeals and procedural review of arbitration based on alleged procedural deficiencies or failures of due process is whether the effect was to deny the appellant a fair hearing

47. The standard of proof • for ethics decisions is a preponderance of the evidence • for arbitration awards is clear, strong, and convincing proof • for violations of MLS rules is a preponderance of the evidence • for ethics appeals and procedural review of arbitration based on alleged procedural deficiencies or failures of due process is whether the effect was to deny the appellant a fair hearing

48. CONGRATULATIONS! That is the end of Round #1 worth $125,000. The group, or groups, with the most correct answers must now correctly answer three bonus questions to win … $1,000,000

49. LET’S PLAY Round #2!

50. Appropriate discipline for an ethics violation could include • an apology • a specified number of hours of community service (not to exceed 30 hours) • a fine of not more than $6,000 • suspension or termination of MLS services