When you see unprofessional behavior, realize that such behavior reflects on all real estate professionals…including your own reputation and your own business because the public views REALTORS® as a group.

Try to correct behavior so that all REALTORS® are more professional.

Educate yourself.

Ask for constructive criticism of yourself (e.g. survey clients/customers/peers, ask for feedback even informally). Quality assurance works for you as well as large corporations.

Train your colleagues.

Never stop learning.

Talk to your colleagues and provide constructive criticism and education.

Talk to their supervisors (e.g. BIC, team leader, productive colleague).

Ask your colleagues questions.

When you see professional behavior, compliment and encourage such professional behavior.

Customer service etiquette should be applied to your clients, customers, colleagues, staff, and supervisors.

If these don’t work…consider filing.

To file ethics against REALTORS®, contact the appropriate association/MLS.

SCR operates professional standards statewide in SC. Columbia, Charleston, and Greenville have staff and choose to retain their own professional standards program until they cannot seat an impartial panel, at which time they transfer the complaint to SCR.

SCR 803-772-5206. Byron Austin Nick Lindsey info

SCR ethics enforcement offers semi-anonymous complaints (SCR knows the complainant’s identity but the respondent will not during the citation period but would if escalates from citation turndown to full formal ethics hearing), publishes repeat offenders (SCR rarely sees repeat offenders), video hearings to reduce travel, citations for minor offenses, mediators/ombudsman to solve problems without a full formal hearing.

SCR does not have investigators/prosecutors so your role as the complainant is that of investigator and prosecutor. SCR does provide hearing officers (aka REALTORS® serving on the hearing panel for ethics and arbitration who hear the evidence and make a ruling).

SCR provides commission dispute resolution services (e.g. mediation, arbitration). Brokerage v. brokerage must almost always use mediation/arbitration for this type of dispute which relies on procuring cause as a deciding factor. For associated licensee v. brokerage commission disputes, most REALTORS® choose to use lawyers and court for this dispute which is based on the agreements between these two.

SCR receives about 10 complaint calls a month and sends out complaint packages.

SCR receives about 1 in 10 complaint packages back to process.

SCR processes about 1 hearing per month.

There are approximately 23,000 SCR members.

If not held in abeyance or delayed for various due process reasons, SCR processes a complaint through hearing in about 2 to 3 months.

To file license law complaints against SC real estate licensees, contact LLR 803-896-4400 (SC real estate commission/state government).

LLR offers anonymous complaints online by looking up the licensee’s record and clicking to file a complaint or anonymous mail.

LLR has state employee investigators and prosecutors and hearing officers (aka SC real estate commissioners), so your role is more of a witness.

LLR holds a number of hearings every month.

LLR can issue "plea deals" or "consent agreements" to avoid full formal hearings.

There are approximately 44,000 SC real estate licensees.

LLR is currently understaffed with investigators and prosecutors, so LLR’s processing time can usually be expected to run from 5 months to 19 months.

For issues money issues, these are typically handled by lawyers. So always obtain legal counsel asap. Lawyers can then advise about potential legal remedies (e.g. self settlement, mediator assisted self settlement, arbitration, litigation).

Litigation can take 2 months to 24 months depending on the issues and court. Magistrate courts are generally faster but often limited in their jurisdiction and often limited to less than $7500 amounts. Magistrate courts are usually proficient with broker earnest money interpleader lawsuits and landlord-tenant issues.

All these systems have due process protections and appeals procedures.

SC Bar Lawyer Referral Service 800-868-2284.

SC Legal Aid (if cannot afford a lawyer) 888-346-5592

Another good starting point for REALTORS® and members of the public: contact SCR legal

803-772-5206

Info

Byron

Austin

Nick (Nick is SCR CEO, so the staff attorneys listed above are the first point of SCR legal contact, but Nick is also an attorney and can give information to REALTORS®)

Posted by: Byron King on 07/25/19 (This information is only accurate as of 07/25/19. You must contact SCR for updates and changes to this information after 07/25/19 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org)