Salt Lake City, Oct 10, 2005 / Press Release / The Utah Division of Real Estate is pretty cut and dry on the matter.  The Division screens complaints to determine whether the Division has jurisdiction over the subject matter and the individuals involved in the complaint.

If the Division determines that it has jurisdiction over both the subject matter and the parties to the complaint, the Division then determines if there is reason to believe a violation of statute or rule may have been committed.  If so, the complaint is accepted for investigation and the complaining party is notified of the acceptance for investigation.  And should such parties be found guilty their information is made available to the general public via the Division’s monthly newsletter. 

As a result of low mortgage rates and increased homes sales, the Division’s nine member investigative team has become inundated with alleged complaints from the general public and from findings of negligent acts concluded by hearings conducted by the Utah Association of REALTORS®. 

The Utah Association of REALTORS® is a member of America’s largest trade association, the National Association of REALTORS®.  The UAR operates by direction of the NAR thus adhering to a strict code of ethics, however their code of ethics give great lead way to those parties that are found to be in violation.  

Unlike the Division of Real Estate, the UAR's policy is to keep their findings private.  This further bottlenecks a system that on a Divisional level is approximately two years behind in investigating matters regarding alleged complaints and violations of real estate, appraiser, mortgage professionals.   

REALTORS® found guilty at the UAR level are allowed to continue their day to day business operations as a result of the UAR's limited authority.  This in a  state ripe with mortgage and real estate fraud, gives pause to question whether such an esteemed association is truly acting in the best interest of the general public. 

The intentional withholding of names and offenses from the general public, places Utah’s families at greater risk while tarnishing the good names of REALTORS® and the Association that so many of Utah's real estate community call home.  

Earlier this year in Miami a jury found for the plaintiffs in a lawsuit against the nation's largest tobacco companies for misleading smokers about the dangers and addictiveness of cigarettes. In a lawsuit happy world might the UAR be the next in a long list of associations and companies sued as a result of not informing the general public of the dangers of some of its members and their actions?