DRAFT Resolve a Dispute

Mediation is a form of facilitated negotiation in which an impartial third-party attempt to help disputing parties reach a mutually satisfactory solution to their problems. Mediation is voluntary for both parties, either of which can end mediation at any time and choose to follow the formal ethics complaint or arbitration request procedure, and parties are not required to accept any resolution proposed in mediation. Additionally, any proposed resolution in mediation may not be used in the formal process later. NEXUS Association of REALTORS® offers our members and their clients and customers the opportunity to use mediation to resolve conflicts. We ensure the process is fair, flexible, and confidential.

There are numerous benefits to choosing mediation. Since the mediation process is collaborative, not adversarial, it can help resolve issues while preserving positive relationships between all parties. Additionally, mediation often takes far less time and money than a formal litigation and also allows the parties themselves to craft a solution they can live with. This is opposed to a formal arbitration, in which a hearing panel’s decision is binding on the parties.

The goal of a successful mediation is to have both parties come to a mutual agreement in writing upon the mediation’s conclusion. Once the agreement is signed, parties are legally bound to abide by its terms.

An ombudsman is an individual appointed to receive and resolve disputes through constructive communication and advocating for consensus and understanding. NEXUS provides ombudsman services to our members and their clients.

Ombudsman procedures are intended to provide enhanced communications and initial problem-solving capacity at the local level. They do not determine if a violation has occured. Rather, they anticipate, identify, and resolve misunderstandings before they develop into disputes and possible charges of misconduct.

When a dispute arises with a licensee, the Association offers many options in finding a resolution.

If you have a complaint against a licensee, the first step is to speak to their broker to see if the issue can be resolved. If that is unsuccessful, two avenues exist to resolve your dispute:

1.    You may file a complaint with the New Jersey Real Estate Commission (NJREC). NJREC will investigate, and if violations against the license law are found, they can impose sanctions. Learn about the NJREC resolution process.

2.    You may file a complaint (a request to arbitrate and or an Ethics complaint) through NEXUS. This option is only available if the real estate licensee is a REALTOR® member. NEXUS does not determine if license law has been violated. Association sanctions are most often education but can include fines and suspension from the association.

If you believe a real estate agent has acted in an unethical manner, two options are available to file a dispute.

Before you file a dispute, speak to the agent’s broker to see if the issue can be resolved. If that is unsuccessful, you may do one of the following:

1.    File a dispute with the New Jersey Real Estate Commission. NJREC oversees all people who hold a real estate license in the state. They will investigate, and if violations against the license law are found, they can impose sanctions. Learn about their resolution process.

2.    If the agent you have an Ethics complaint against is a REALTOR® (a member of the NEXUS Association of REALTORS®), you may file a dispute through NEXUS. NEXUS does not determine if license law has been violated. Association sanctions are most often educational but can include fines and suspension from the association.

If you feel that a License Law was broken you may File a dispute with the New Jersey Real Estate Commission. NJREC oversees all people who hold a real estate license in the state. They will investigate, and if violations against the license law are found, they can impose sanctions. Learn about their resolution process here.