×
LCAR

Professional Standards

Consumer Grievances

Sometimes issues arise in a real estate transaction between buyers, sellers and the agents involved. The Lancaster County Association of Realtors administers a professional standards program that adheres to the principles of professionalism, integrity and competence as outlined in the National Association of Realtors Code of Ethics, which is enforced by LCAR’s Professional Standards Group. This program assures the public that LCAR members believe in fair business practices and the just rules that govern their professional conduct.


LCAR is a not-for-profit corporation that offers its members, as well as consumers, a vehicle to economically expedite ethics complaints. The Association attempts to educate members but also discipline those who engage in unethical conduct. Please note that our procedures deal exclusively with the ethical performance of our members and the Association has no authority to award monetary damages or legal fees.

Professional Standards

Frequently Ask Questions

  • Who can file an ethics complaint?

    Any person, whether a member of the Association or not, having reason to believe that a member has committed a violation of the Code of Ethics.


  • Is there a time limit?

    Yes, ethics complaints must be filed within one year after the facts constituting the matter complained of could have been known in the exercise of reasonable diligence.

  • What should be included with an ethics complaint?

    A grievance must be filed with a written statement of the facts on which the complaint is based, dated and signed by the complainant. The appropriate Article(s) as they pertain to the facts of the alleged violation should be cited in the complaint along with supporting documentation, if any.

  • Are there issues or complaints that should not be brought before the Association of Realtors?

    Yes, a charge of violating the law or State Real Estate Regulations. The Association is not a court of law where criminal or civil issues are resolved.

For further assistance and appropriate procedures for filing a consumer grievance, contact the Association at 717-569-4625 or email lcar@lcaronline.com.

Agency & Consumer Notice

Buying or selling a home can be intimidating, even if you’ve done it before. That’s why we recommend using a real estate professional – a Realtor – to guide you through the process.

Agency and Business Relationships

Whether you are buying or selling a home, it is important to understand what relationships exist–or can exist–between you and a real estate professional. Even if you have chosen to go it alone (i.e., buy or sell without the help of a Realtor), chances of escaping this experience are pretty slim.


Here’s why: every real estate licensee that you meet during the course of your transaction (open houses, listing appointments, phone calls to brokerages, etc.) is under a legal obligation to explain to you the various business relationships you can have with him or her–even if you do not wish to work with them at all. This explanation will come by way of a written Consumer Notice if the meeting is in person, or via an Oral Consumer Notice if it’s by telephone.


By law, the Notice must be given before you start discussing your real estate needs and, in effect, puts you on notice not to mention anything that might hurt your negotiating position until you know who the real estate licensee works for. The written Notice must be delivered to you at the first personal meeting where a discussion of your needs takes place OR, if the original Notice was given orally, at the first face-to-face meeting. You’ll have to sign the Notice so the real estate licensee has proof that it was presented to you.


Your options for working with the real estate licensee will be limited by two things: whether he or she is already working with the “other side” in the transaction and the internal policies of the broker that the licensee works for. The full slate of possible relationships are as follows: buyer agency, seller agency, dual agency, designated agency, transaction licensee and non-agency.

 

Source: Pennsylvania Association of Realtors 


Dispute Resolution System

The Lancaster County Association of Realtors offers a Dispute Resolution System (DRS) that is a non-adversarial program where disputes that arise in a transaction can be resolved through mediation.

Frequently Asked Questions

  • Who can participate in a DRS mediation?

    DRS is available to all parties to a real estate transaction. Mediation can only take place when all parties to the dispute have agreed to mediate.


  • How to initiate a DRS mediation?

    The decision to mediate should be made only after all attempts to negotiate an acceptable solution have been exhausted through the efforts of the parties and agencies involved in the transaction. Any party can initiate mediation by submitting a Request to Initiate Mediation form. Upon receipt of the Request, the other party will receive a copy of the correspondence and a Response to Mediation form. A list of mediators and their fee schedules will be sent to both parties. The Response to Mediation form and List of Approved Mediators must be returned within 10 days. Upon receipt of the forms, the Association will then appoint the first available mediator who is acceptable to all parties to the dispute.

  • Who are the DRS mediators?

    LCAR provides a List of Approved Mediators for the parties to challenge. Mediators can be licensed attorneys, licensed real estate brokers or an individual who has been certified through formal training.

  • What are the fees for a DRS mediation?

    There is no cost to initiate a DRS Mediation. However, mediation fees are set by the mediator and vary in cost. Fees are divided equally among the parties to mediation and payable to the mediator.

For further assistance and appropriate procedures for initiating a DRS mediation, contact the Association at 717-569-4625 or email lcar@LCARonline.com.

Dispute Resolution System Flyer
Share by: