Berke

TRI Realtors, The Realty Investment Company (TRI), appeals from an order denying its petition to compel the arbitration of its disputes with Ian Berke, individually and doing business as Ian Berke Real Estate (Berke), by the San Francisco Board of Realtors (Board of Realtors). TRI claims that the trial court erred in refusing to compel the Board of Realtors to arbitrate TRI’s disputes with Berke. We aflirm.

Factual and Procedural Background

TRI was the listing real estate broker for Nan and Kenneth Hecht, Jr., for the sale of their real property located in San Francisco. Berke, also a real estate broker, showed the property to Robert and Ann Martensen in March 1986. The Martensens made an offer on the property which was rejected. Shortly thereafter, the Martensens discharged Berke as their agent.

Five months later, in August 1986, the Martensens and the Hechts executed a written contract for the sale of the property to the Martensens. The sale was completed the following month. Berke received no commission on the sale.

TRI and Berke were both members of the Board of Realtors. As members, they agreed to submit disputes with other members to the board for arbitration.…