The Texas Real Estate Commission (TREC or the Commission) regulates real estate professionals in Texas. The Commission investigates all complaints made against its licensees. If there is sufficient evidence to demonstrate the alleged violation of Texas law or a TREC Rule, the Commission has the authority to impose disciplinary actions, which includes the power to suspend or revoke a license, issue a formal reprimand or administrative penalty, or take other disciplinary actions it deems appropriate.
In October of 2019, TREC took disciplinary action against 19 real estate licensees. Orders can, and often do, include more than one sanction. In those 19 cases, the Commission imposed:
- Suspension: 7
- Probated Suspension: 3
- Revocation Order: 1
- Reprimand: 6
- Administrative Penalties: 12
These disciplinary actions were imposed in the month of October alone.
The most recent license revocation was against Thomas Babiar for failure to repay the Commission for payment of $100,000 plus interest made from the Real Estate Recovery Trust Account towards satisfaction of a judgment.
After a license revocation, an individual is prohibited from applying to the Commission for any license or registration for two years from the date of revocation. Tex. Occ. Code §1101.663. In this case, Mr. Babiar would also have to repay in full the Real Estate Recovery Trust Account the amount of the payment made on his behalf plus interest.
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The leading cause of license suspension in October was for failure to provide the information requested by the Commission that relates to a formal or informal complaint to the Commission within a reasonable time.
It is critical to respond to requests made by the Commission in a timely manner because failure to do so will result in license suspension. If a complaint is filed against your real estate license, you must respond to the Commission even if you think the complaint is meritless.
Real Estate License at Risk
If you are facing allegations filed against you with the Texas Real Estate Commission, we urge you to seek the advice of an experienced real estate license defense attorney.
Talk to an experienced attorney who understands all aspects of a real estate license complaint case. The lawyers at BERTOLINO LLP know how to carefully research every potential complaint. We know where to look for evidence and how to use that information to build a successful legal strategy.
If you are facing disciplinary action from the Texas Real Estate Commission contact us today or call (512) 476-5757 and schedule a case evaluation.
For more information, please review The Do’s and Don’ts of Appearing Before the Texas Real Estate Commission (TREC) and our FREE eBook When Your License is Under Attack: A Survival Guide for Texas Professionals.
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