ShareOn this page are training materials to assist REALTORS® in better understanding how to write findings of fact that support their conclusion and issue appropriate discipline. Having well-written findings of fact is critical to ensure that your association’s ethics decisions are sound and defensible.
Use: These fact scenarios are fictitious and highlight critical issues for hearing panelists. There are several different ways to use the materials. Here are a couple suggestions:
- Mock Hearing—Have two disputants present their positions to an audience acting as the hearing panel. The audience should have an opportunity to ask questions of the disputants, just like a real panel. Once all information/testimony has been presented, the panel should break into executive session to decide whether the Code of Ethics was violated or not, and if so, what discipline should be imposed. The panel should then complete the findings of fact to support their conclusions.
- Breakouts—Break into small groups to read the disputant’s positions. After discussing the case as a group, vote on whether the Code of Ethics has been violated or not. Then, write findings of fact, and if there is a violation, render appropriate discipline.
Materials: The materials for each year differ slightly, but include some or all of the following:
- Complainant letter/respondent letter/blank findings of fact form
- "Insider" or "facilitator" notes — that provide learning points and explanations.
- Examples of completed findings of fact — to be handed out after the group exercise has concluded.
Note: Associations may choose to use these materials as is, or use them as a stepping stone for writing your own scenarios.
| Fact Scenarios | Articles of the Code of Ethics and Standards of Practice covered | Year used by NAR |
|
Microsoft Word filedoc | Article 6, Article 12 | 2015 |
|
Microsoft Word File 1docx (DOC: 21 KB) and File 2doc (DOC: 80 KB) | Article 12 of Code, Article VIII, Section 1 of Bylaws, Article VI, Section 12 of Bylaws | 2014 |
| Microsoft Word filedoc (DOC: 95 KB) |
Article 1 | 2013 |
| Microsoft Word filedoc (DOC: 150 KB) | Articles 12, 14, and 15 Standards of Practice 12-10 and 12-12 | 2011 |
| Microsoft Word filedoc (DOC: 125 KB) | Article 3 Standards of Practice 3-9 | 2010 |
| Microsoft Word filedoc (DOC: 87 KB) | Articles 1, 2 Standards of Practice 2-1 | 2009 |
| Microsoft Word filedoc (DOC: 122 KB) | Articles 1, 2, 3, 16 | 2008 |
| Microsoft Word filedoc (DOC: 93 KB) | Article 1 Standards of Practice 1-15 | 2007 |
| Microsoft Word filedoc (DOC: 90 KB) | Article 12 Standards of Practice 12-4 | 2007 |
Note: The findings of fact scenarios presented in the attached documents have been used during the National Association’s Professional Standards Education Seminars. The debriefs/answers/guidance provided for the various exercises is based upon the adopted policies/Code of Ethics & Arbitration Manual at the time the exercise was created.
Learn more about attending NAR's Professional Standards Education Training Seminar here.