A real estate broker in the state of Texas has done a great deal of work to not only be licensed to buy or sell real estate on behalf of clients, but to own their own firm that is worked by other licensees. In fact, real estate licensees cannot sell or buy real estate on their own—they must be sponsored by a licensed broker.
In the state of Texas, real estate licenses—both for brokers and sales/purchase agents—are overseen by the Texas Real Estate Commission’s Standards and Enforcement Services. TREC Rule 535.2 lays out the fundamental responsibilities of a broker, including the requirement that the broker engaged in the supervision of their sponsored licensees.
In order to achieve a broker’s license, a real estate agent must undergo further training—many hundreds of hours worth—and pass a course of examinations, including the Texas Real Estate Broker Licensing Exam, in addition to having at least four prior years of active experience as a real estate agent. A broker, once licensed, becomes responsible for any
When the actions of a licensee under a broker’s supervision come under review by TREC, it is by no means a defense for the broker to claim that the licensee was acting outside of the scope of the broker’s supervision. In fact, this could be considered more like an admission of negligence on the broker’s part—because it is a key part of a broker’s function to engage in active supervision to ensure that those working under their license do not go outside the scope of agreed-upon activities. And failure to prevent such activities may be considered tacit permission to engage in them. Moreover, a broker is responsible for their agents’ property management activities, for their agents’ marketing and advertising activities (which must also comply with TREC rules).
When a broker is perceived to have somehow failed in these duties, a complaint may be brought against them. As soon as a broker becomes aware of such a complaint, they should contact a qualified professional license defense attorney to decrease the possibility of losing their license to broker real estate in the state of Texas.
Qualified Real Estate License Defense
If you have been notified of a complaint filed against you with the Texas Real Estate Commission, BERTOLINO LLP can help. We are experienced license defense attorneys and we know how to navigate the complaint process against licensed realtors. We are prepared to represent you at any legal hearing or proceeding regarding your license.
Our firm believes that immediately consulting an experienced license defense attorney to review allegations of misconduct helps ensure the most favorable outcome in your case.
With offices in Austin, Houston, and San Antonio, we serve clients all over the state. As experienced attorneys, well-versed in state and federal laws, we know how to win. Our results speak for themselves!
If you are facing disciplinary action from a professional licensing board, contact us today or call (512) 717-5432 and schedule a case evaluation.
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