If a dispute arises between two brokers as to who was the procuring cause, that dispute must be submitted to the MNAR Professional Standards Committee for resolution if the brokers cannot independently agree on a resolution of the dispute.
If the brokers involved are not able to agree on a resolution of the dispute between themselves, they may wish to voluntarily submit to mediation through the MNAR whereby a Mediation Officer can be appointed to assist them in resolving the controversy rather than having the matter decided by an Arbitration Hearing Panel.
The Code of Ethics encourages full awards or no awards; split awards are only made in exceptional cases. It is this rule that should prompt brokers who are involved in a commission dispute to try to resolve the issue by mutual agreement rather than run the risk of losing the entire commission through a decision by an Arbitration Hearing Panel.
If the brokers cannot independently resolve the dispute, do not agree to mediate the dispute, or mediate without success, then an Arbitration Hearing Panel will be appointed through the Professional Standards Committee and that Arbitration Hearing Panel is charged with making a determination based upon procuring cause.
The Minnesota Association of REALTORS® is the largest professional trade association in the state with more than 17,000 members who are active in all aspects of the real estate industry.