Eastern Middle
Tennessee
Association REALTORS® Inc. 2588 N. Mt. Juliet Road Mt. Juliet, TN 37122
Request and Agreement to Arbitrate
(1) The undersigned, by becoming
and remaining a member of the Board
of
REALTORS®
(or Participant in its MLS), has previously consented to arbitration
through
the Board
under its
rules and regulations.
(2) I am informed that each
person named below is a member in good standing of the Board (or
Participant
in
its MLS), or was
a member of said Board of REALTORS® at the time the dispute arose.
(3) A dispute
arising our of the real estate business
as defined by Article 17 of the Code of Ethics exists
between me
and (list all persons you wish to name a respondents to this
arbitration):
, Realtor®
principal
Name
Address
, Realtor®
principal
Name
Address
(4) There is due, unpaid
and owing to me (or I retain) from the above-named persons the sum of $.
My claim is predicated upon the statement attached, marked Exhibit I
and
incorporated by reference into
this application.
(5) I request and consent
to arbitration through the Board in accordance with its Code of
Ethics
and
Arbitration
Manual (alternatively, "in accordance with the professional
standards
procedures set forth in
the bylaws of the Board"), and I agree to abide by the arbitration
award
and to comply with it promptly.
In
the event I do not comply with arbitration award and it is necessary
for
any party to this arbitration to
obtain judicial confirmation and enforcement of the arbitration award
against
me, I agree to pay the party
obtaining such confirmation the costs and reasonable attorney's fees
incurred
in obtaining such
confirmation and enforcement.
(6) I enclose my check in
the sum of $for
the
arbitration filing deposit.*
(7) I understand that I may
be represented by legal counsel, and that I should give written notice
no less
than fifteen (15) days before the hearing of the name, address, and
phone
number of my attorney to all
parties and the Board. Failure to provide this notice may result in a
continuance
of the hearing, if the
Hearing Panel determines that the rights of the other party(ies)
require
representation.
Each
party must provide a list of the names of witnesses he intends to cll
at
the hearing to the Board and
to all other parties not less than fifteen (15) days prior to the
hearing.Each
party shall arrange for
his witnesses to be present at the time and place designated for the
hearing.
The following REALTOR®
nonprincipal (or REALTOR-ASSOCIATE®
nonprincipal) affiliated with my firm has a financial interest in
theoutcome of the proceeding
and has the right to be present throughout the hearing:
(8) I declare that this application
and the allegations contained herein are true and correct to the best
of
my
knowledge and belief and this request for arbitration is filed within
one
hundred eighty (180) days after
the closing of the transaction, if any, or within one hundred
eighty
(180) days after the facts constituting
the arbitrable matter could have been know in the exercise of
reasonable
diligence, whichever is later.
(9) If either party to an
arbitration request believes that the Grievance Committee has
incorrectly
classified
the issue presented in the request (i.e., mandatory or voluntary), the
party has twenty (20) days from the
date of receipt of the Grievance Committee's decision to file a written
appeal of the decision. Only
those materials that the Grievance Committee had at the time of its
determination
may be considered with
the appeal by the Board of Directors.
(10)Are the circumstances giving
rise to this arbitration request the subject of civil litigation?Yes No
Complainant(s):
_______________________________
Name
(Type/Print).
Signature
of REALTOR®
Principal
Date
Address
Telephone
________________________________
Name
(Type/Print).
Signature
of REALTOR®
Principal
Date
Address
Telephone
Fill
in blanks, print and then
fax to 773-1738 or
mail to
Eastern Middle Tennessee
Association REALTORS® Inc. at the above address.
