Over the last few weeks, we’ve been breaking down the formal complaint process and providing examples of navigating it.

If you’re just tuning in, read our previous articles from the “From frustration to resolution: Dealing with the realities of real estate” series.

It's the morning of the inquiry hearing for Marren and Ryerson, and CREB^® staff are setting up the hearing room. Name cards are placed in front of the chairs, and the water glasses and jugs are filled. The recording tech has been checked, and the hearing panel arrives.

Our fictional members involved in the supervision shortage situation are on their way to CREB^®. Marren and her broker, Evelynn, have spent time preparing to present the case to prove Ryerson didn't have the necessary permission to get his assistant to let the home inspector into the house and leave him alone. Ryerson, meanwhile, is practicing his presentation to show he didn't violate any rules.

Did you know?

It is the responsibility of the person who filed the complaint to convince the hearing panel that the rule was violated.

Sharing more than just their experience will be important to any member who has to go to an inquiry hearing. Panels hope to see information, like documents and videos and hear from people who were part of the situation so they can tell if any of this information proves a rule was violated.  Comparing the information from the hearing to what the rule says is part of their decision-making process, so when members make this clear and present it in an organized way, it benefits all participants. 

Hearing tips

• Listen to the panel; they'll guide the hearing, and if you have questions, please ask them.
• Share your story, but also point out what proves what you're saying. If Marren is going to say her seller found the home inspector alone in her house, for example, what proves that... a video? An email? The home inspector telling the panel he was left alone in the house? 
• Know the rule that the charge is under. For example, Ryerson was charged with unauthorized use of keys. Marren needs to prove Ryerson did not have permission from the seller, the listing brokerage or the seller's lawyer before giving the house keys to his assistant and home inspector. On the flip side, Ryerson will try to prove he had the necessary permission or didn't give the key to anyone. 
• If you want to show the panel new information, you need to say something like, "I'd like the panel to see..." or "I have a witness I'd like to introduce." The hearing panel isn't responsible for seeking out new information; they're tasked with listening/watching the information being presented to them to see how it proves something. Don't be nervous to point out information to the panel; it is helpful in most cases.
• If you need a break, ask the panel to take a recess. In some hearings, the panel will be the one to ask for a break.

The hearing agenda

After Marren shared her information and witnesses, Ryerson and the panel could ask her questions. Then, it was Ryerson's turn to share his information with the panel, and following his presentation, Marren asked Ryerson some questions, as did the panel. Before the hearing finished, both Marren and Ryerson were invited to share their final summary. 

Both Marren and Ryerson have given the panel a lot of information to think about to assist them in making their decision. The hearing panel will provide some additional details about when Ryerson and Marren can expect a decision to be sent to them before closing the hearing.

Next time

The next time we catch up with our fictional members, we'll learn the outcome of this hearing, and we'll check in with Trey, who went to a penalty hearing for soliciting clients, and find out what his hearing label decided.