Promoting professionalism and positive conflict management among REALTORS® and homeowners.
The Code of Ethics
The single most outstanding characteristic that sets REALTORS® apart from other real estate practitioners is the willingness to accept and abide by the NAR Code of Ethics. First adopted in 1913, the Code of Ethics is a living document that is continually revised to reflect the current developments in professional real estate practice. Upon becoming a member of UPSTAR, every REALTOR® pledges to meet and uphold the high professional standards of the Code of Ethics.
NAR Resources: Read the Code of Ethics
IAR Resources: Code of Ethics & The Grievance Process
Ethics Complaints
To preserve the integrity of our industry, UPSTAR assists with inquiries about potential violations of the Code of Ethics. If you believe a REALTOR® member has violated a code of conduct subject to disciplinary action, you should report it to UPSTAR. A complaint can be filed by a REALTOR® member or by a member of the public, and should be filed within 180 days of your knowledge of the violation or the conclusion of the transaction, whichever is later.
File an Ethics Complaint
Before Filing
Before filing a complaint, please review the “Before You File an Ethics Complaint” guide, which explains the process offered by UPSTAR in accordance with the NAR Code of Ethics and Arbitration Manual.
To Learn More
For more information, please contact our office. We have a dedicated Professional Standards Administrator who can help guide you through the process and answer any questions you may have.
Conflict Resolution
Arbitration & Mediation
Our members pledge to abide by the Code of Ethics, including the obligation to arbitrate when disputes arise. UPSTAR provides information on arbitration and mediation services to resolve commission disputes between members. Every REALTOR® principal who participates in the Board’s MLS has the right to invoke these services in any dispute arising out of the real estate business with a REALTOR® principal in another real estate firm.
Note for Members: For more information about Arbitration & Mediation, log into your member account.
Buyer-Seller Disputes
If a contractual dispute arises between buyers and sellers, UPSTAR partners with the Better Business Bureau® (BBB) to assist in dispute resolution. The BBB provides a professionally trained Mediator who will listen to both sides, weigh the evidence, and make a decision about the dispute. The BBB can hear disputes up to $6,000, and the request for mediation must be filed within one year of the transaction on which the dispute is based. This time limitation may be waived by the consent of all parties. The BBB also assists with earnest money disputes between members.
For additional information, please contact the Better Business Bureau at 260-423-4433 ×316.
Ombudsman Program
Ombudsman are trained volunteer REALTOR® members who are familiar with the UPSTAR Bylaws, MLS Rules & Regulations, the Code of Ethics, Indiana real estate regulations, and current real estate practices. They provide telephone mediation as neutral, independent, and confidential voices when UPSTAR members find themselves in conflict with fellow members or a member of the public.
What can an ombudsman do?
With their training and industry expertise, an ombudsman can answer questions about real estate in general, transaction details, non-monetary disputes, ethical practice, and enforcement issues. They can also respond to questions and complaints about members, contact members to inform them that a client has raised an issue, and collect details that will provide an informed response. These procedures are designed to enhance communication and resolve disagreements before they escalate.
What can't an ombudsman do?
Ombudsmen are not attorneys and cannot give legal advice or answer legal questions. They do not determine whether ethics violations have occurred. Their role is primarily one of communication and conciliation, not adjudication. Volunteers cannot obligate a party to attempt resolution with an ombudsman. Parties are notified that ombudsman services are available to them but may decline the services and opt to file a formal complaint instead.
Questions?
UPSTAR employs a full-time Professional Standards Administrator. If you need help or have questions about any of the conflict resolution services we offer, we’re available 8 AM to 5 PM, Monday-Friday.
Legal Questions
UPSTAR does not employ an attorney on staff, and as such cannot offer legal advice to our members or the public. Below are options for legal advice for real estate professionals and consumers.
For member managing brokers:
For referrals to a real estate attorney:
