Complainants and Respondents usually know long before the closing that there is a problem and that the case may end up in arbitration. When you recognize there is a problem, this is the time to begin preparing for arbitration.
How do you do that?
Ensure you have a complete chronology of events in as great detail as possible.
As a broker, you should have the agent involved in the transaction take detailed notes.
Review all of the records.
Decide what original documents are essential to your case or defense (Note: This should be done long before a complaint is filed.)
File all of the documents together in a safe place.
Determine witnesses—those with information that is important to your case or defense.
Create a list of witnesses, including their contact information.
Contact those people to discuss the situation with them and determine if their testimony will help your case or defense. If so, ask if they are willing/available to testify. (Note: If they’re moving, relocating, etc., obtain a written statement from them. An affidavit is helpful but not mandatory.)
Include any witness statements in the file mentioned above.
Early preparation for the hearing is to your benefit; it will help you frame the complaint and response issues ahead of time.
The Complainant has the burden of proving his/her case by a preponderance of the evidence.
A Complainant should ask him/herself, “Am I going to win, or am I just wasting time and money?” This analysis may help determine whether or not there is a good case for arbitration.
If you are unsure of the legal issues or have any questions on procuring cause, you can call the Missouri REALTORS® Legal Line or review the Code of Ethics manual. (Note: If you call the Missouri REALTORS® Legal Line, the attorney only hears your side of the story. At the arbitration, the hearing panel is hearing both sides!)
If you believe you have enough evidence to file an arbitration complaint after reviewing your documents and speaking to your witnesses, you can do so by clicking here.