Dispute Resolution

1. Contact OBAR's Professional Standards Administrator Willo Kelly at willo@outerbanksrealtors.com or (252) 489-1263.
2. The Professional Standards Administrator will automatically refer to the NC REALTORS® Ombudsman program.
3. Ombudsman Program:
   • This program is generally the first step when there is a potential ethical dispute.  Ombudsman Procedures adopted by the NC REALTORS® are intended to provide enhanced communications and initial problem-solving capacity to the professional standards process.  NC REALTORS® is charged with the responsibility of receiving and resolving ethics complaints and requests for arbitration filed against its members.
4. Written Ethics Complaint Filed with the OBAR's Professional Standards Administrator.
5. Complaint forwarded to the Grievance Committee for Review
6. Referral for Citation (If appropriate)
7. Ethics Hearing Held

Click to view a helpful flowchart of OBAR’s Ethics Complaint Flowchart

If you believe you have a legitimate complaint, you must first contact OBAR's Professional Standards Administrator Willo Kelly at willo@outerbanksrealtors.com or (252) 489-1263.

The definition of Ombudsman for REALTORS® – 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.

All communications made to the Ombudsman or the Outer Banks Association of REALTORS® whether written or oral, shall be confidential and may not be disclosed (other than communicating information and results between staff and the Ombudsman) to any other person for any reason. The Ombudsman’s opening statement shall confirm the parties understanding of this prior to discussing the issue.

Click to view a helpful flowchart of NCR’s Ombudsman Program.

Role of the Ombudsman:

• • Listens to the complainant’s concerns
  • Ascertains complainant’s desired outcome (revocation of licenses, sanctions, apology, money, etc.)
  • Can field and respond to a wide variety of inquiries and complaints, including general questions about real estate practice, transaction details, ethical practice, and enforcement issues
  • Explains possible avenues that might resolve the issue or reach the desired outcome
  • Answers general questions and/or procedural questions and explains the formal ethics complaint process
  • In cases where an Ombudsman believes that a failure of communication is the basis for a question or complaint, the Ombudsman can arrange a meeting of the parties and assist in facilitating a mutually acceptable resolution.
  • Contacts the potential respondent to explain the complainant’s concerns and desired outcome
  • Tries to bring resolution
  • Reports back to the complainant
  • Explains the complainant’s rights after the completion of the ombudsman process.
  • Where a written ethics complaint in the appropriate form is received by OBAR, it can be initially referred to the Ombudsman who will attempt to resolve the matter, except that complaints alleging violations of the public trust (as defined in Article IV, Section 2 of the NAR Bylaws) may not be referred to an Ombudsman.
  • If a matter complained of is resolved to the mutual satisfaction of all parties through the efforts of an ombudsman, the formal ethics complaint brought initially (if any) will continue to be processed until withdrawn by the complainant. (revised August 2015)
  • In the event the Ombudsman concludes that a potential violation of the public trust* may have occurred, the ombudsman process shall be immediately terminated, and the parties shall be advised of their right to pursue a formal ethics complaint; to pursue a complaint with any appropriate governmental or regulatory body; to pursue litigation; and/or to pursue any other available remedy.
  • *For purposes of these policies, a potential violation of the public trust is “demonstrated misappropriation of client or customer funds or property, willful discrimination, or fraud resulting in economic harm.”
  • Where a written ethics complaint in the appropriate form is received by OBAR, it can be initially referred to the Ombudsman who will attempt to resolve the matter, except that complaints alleging violations of the public trust (as defined in Article IV, Section 2 of the NAR Bylaws) may not be referred to an Ombudsman.

If after the Ombudsman Program, either you or the Ombudsman believes there has been an ethic complaint, the next step is to fill out a written complaint.  You must first file it with the Outer Banks Association of REALTORS®,  Please contact OBAR’s Professional Standards Administrator Willo Kelly at willo@outerbanksrealtors.com or (252) 489-1263 to receive your Dispute Forms Packet.