As a licensed real estate broker, sales agent, or fiduciary professional in Texas, your reputation is your business. Clients trust you with high-value transactions, confidential information, and major financial decisions. When a complaint or allegation threatens your professional license, a real estate brokerage agent and fiduciary litigation defense attorney can help.
At Bertolino LLP, we represent licensed professionals across Texas, including real estate brokers, sales agents, property managers, and fiduciaries, who are facing investigations, enforcement actions, or litigation. We offer free consultations with our team to discuss your situation and explain how a board certification and malpractice lawyer can help.
A Single Complaint Can Put Your Real Estate License at Risk
Whether you are dealing with a complaint before the Texas Real Estate Commission (TREC), a disciplinary matter involving the Texas Appraiser Licensing and Certification Board (TALCB), or civil claims alleging breach of fiduciary duty, our firm is prepared to protect your license and your professional future.
Real estate professionals in Texas operate under detailed statutory and regulatory requirements. The Texas Occupations Code, TREC rules, advertising regulations, trust account requirements, and disclosure obligations all impose strict standards on brokers and agents.
A buyer, seller, or competitor complaint can trigger a formal investigation. In many cases, the initial grievance may stem from:
- A transaction that fell apart.
- A misunderstanding over disclosures.
- Disputes about commissions.
- Allegations of misrepresentation.
- Claims of improper handling of escrow funds.
Even when you believe you acted properly, the regulatory process can quickly escalate. Once TREC receives a complaint, it has the authority to request records, demand a written response, and investigate your conduct.
Without a strategic response, what begins as a disagreement can become a formal disciplinary case. We offer free consultations with our team to discuss your situation and explain how a malpractice defense lawyer can help.
Statewide Representation From Our Austin Office
Bertolino LLP is based in Austin, but we represent licensed professionals throughout Texas. From brokers managing commercial portfolios in Dallas to residential agents closing transactions in Houston, we defend license holders across the state.
Our firm focuses on administrative law and professional license defense. We understand how Texas agencies function, how investigators evaluate cases, and how disciplinary decisions are made.
We know that your real estate license is more than a credential. It represents:
- Years of experience
- Industry relationships
- Ongoing marketing and branding efforts
- Your primary source of income
We work to protect all of it.
When Disputes Turn Into Lawsuits
In addition to administrative complaints, brokers and agents may face civil lawsuits alleging:
- Breach of fiduciary duty
- Negligence
- Fraud or fraudulent inducement
- Deceptive trade practices
- Contract disputes involving commissions
Fiduciary claims are especially serious because Texas law imposes heightened duties on real estate professionals. If a client claims you violated those duties, you may be exposed to substantial financial damages, reputational harm, and potential licensing consequences.
Our firm defends professionals in both administrative proceedings and litigation matters. We understand how civil cases and licensing investigations can intersect, and how statements made in one forum may impact the other.
What Happens After a Complaint Is Filed With TREC?
When TREC receives a complaint, the agency may:
- Notify you of the allegations
- Request a detailed written response
- Subpoena transaction documents
- Review contracts, disclosures, and communications
- Examine trust account records
- Interview witnesses
Your written response can make a significant impact. It becomes part of the investigative record and may shape how the agency views your case moving forward.
If TREC determines there is evidence of a potential violation, it may:
- Offer an agreed order
- Schedule an informal settlement conference
- Refer the matter to the State Office of Administrative Hearings (SOAH) for a formal contested case hearing
At SOAH, the proceeding resembles a trial. The agency will be represented by its own attorneys. Evidence is presented, witnesses testify, and an administrative law judge issues a proposal for decision. This is not a process you should face alone.
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Potential Disciplinary Consequences
If a violation is established, TREC or another regulatory body may impose penalties such as:
- Administrative fines
- Letters of reprimand
- Mandatory continuing education
- Probation with monitoring requirements
- Suspension of your license
- Revocation of your license
In serious cases involving alleged fraud or criminal conduct, the matter may also be referred for criminal investigation.
The outcome often depends not only on the facts but also on how the case is presented and defended.
Your Right to Due Process
Under Texas law, you have the right to due process before your professional license can be suspended or revoked. That includes:
- Notice of the allegations
- An opportunity to respond
- The right to a hearing
- The ability to present evidence
- The right to challenge the agency’s claims
However, these rights are only meaningful if exercised strategically.
An experienced real estate and fiduciary litigation defense lawyer can help you evaluate whether to negotiate a resolution, contest the allegations at SOAH, or pursue appellate review when necessary.
How Bertolino LLP Defends Real Estate Professionals
Our firm focuses exclusively on defending licensed professionals. We understand the regulatory framework governing real estate brokers and agents, as well as the challenges of fiduciary litigation.
When you hire our team, we work to:
- Conduct an independent evaluation of the allegations
- Identify weaknesses in the complaint
- Prepare a thorough and strategic written response
- Represent you in settlement negotiations
- Advocate for you at SOAH hearings
- Defend you in civil litigation involving fiduciary claims
- Protect your reputation and professional standing
We tailor our defense strategy to your specific circumstances. No two transactions are identical, and no two disciplinary cases are the same.
Speak With a Texas Real Estate, Brokerage Agent, and Fiduciary Litigation Defense Lawyer
You worked hard to earn your real estate license and build your client base. A complaint, investigation, or lawsuit should not define your career. If you have received notice of a TREC complaint, been contacted by an investigator, been served with a lawsuit alleging breach of fiduciary duty, or are facing possible disciplinary action, Bertolino LLP is ready to stand with you.
Contact Bertolino LLP today to speak with a Client Success Liaison and learn how we can help defend your real estate license and your professional future.
Call or text (512) 476-5757 or complete a Case Evaluation form
