Getting ready for a hearing can take some time. To ensure you’re prepared if you're ever in that situation, we’re sharing some essential tips for preparing for a hearing.
Not sure where we are in the process? Revisit our previous articles on scooping sellers and supervision shortage from the “From frustration to resolution: Dealing with the realities of real estate” series to learn more about what led to our fictional characters Trey and Ryerson having a hearing.
Scooping Sellers
Because Trey admitted he violated the rules he was charged with, his penalty hearing is centred around explaining why he sent the letter to Syed's clients and providing the hearing panel with reasons to help them decide on the appropriate penalty for his actions.
Supervision Shortage
Ryerson doesn't believe he did anything wrong and will have an inquiry hearing. His hearing will involve Marren coming to the hearing, too. Marren and Ryerson will each have a chance to share information to convince the panel that the rules were or were not violated. Marren and Ryerson will also get to ask each other questions, and the hearing panel can ask any of the participants questions.
In both hearings, the brokers will attend; Aron will come to Trey's hearing, while Evelynn will support Marren, and Quinn will be there with Ryerson. There is also the opportunity to bring other people to the hearing to give information on the issues (these are witnesses). Members are also allowed to get legal representation, and if Trey, Marren or Ryerson want to have a lawyer, they need to tell CREB® before a date and time for the hearing is set. While legal representation is allowed, the hearings are set up to be easy to follow so members don't feel they need to bring a lawyer.
CREB®'s hearings are formal and follow a process to ensure a fulsome opportunity for members to share their information. They are not like going into a courtroom, and members don't need legal experience to navigate the hearing.
After CREB® notifies our fictional members of the date and time of their hearings, those taking part should begin to prepare what they will say and the information they want the hearing panel to think about.
Aron, Trey's broker, has been in the industry a long time and used to be on CREB®'s hearing panels. While helping Trey prepare for his hearing, he suggests to Trey that he shares what happened and why, but also talks about the following factors as these might be things the panel will consider when determining his penalty:
- How long he's been a REALTOR®;
- What his disciplinary history is as a REALTOR®;
- Whether there has been harm to the public, the industry or another REALTOR® because of his actions;
- If he takes responsibility for his actions and any steps to prevent it from happening again;
- How do his actions compare with the expectations of REALTORS®; and
- Any mitigating circumstances that help explain why he sent the letter to those sellers.
Because Trey thinks his mentor, Thalie, will have important information, he has asked her to come to the hearing as a witness.
The last thing Trey is getting ready is his notes. Aron told Trey that he knows that members get nervous when they get to the hearing, so writing out what he's going to say or notes to make sure he covers everything he wants to will be helpful. Aron also asked Trey to meet with him before the hearing to practice what he would say to help him get comfortable sharing the information.
In our next instalment, we'll check in on Marren, Evelynn, Ryerson and Quinn. Marren's been thinking about how she'll prove Ryerson broke those rules while Ryerson's working on proving he didn't break them. Going before a hearing panel means more than just telling your side of the story, so we'll give you some tips on what types of information help inquire hearing panels form their decision.
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