A complaint filed against you with the Texas Real Estate Commission (TREC or the Commission) can put your professional real estate license at risk. A single complaint can put your career, livelihood, and reputation in jeopardy.
The Commission investigates all complaints made against its licensees, including real estate agents, brokers, real estate inspectors, real estate education providers, home warranty companies, and timeshare plans. If there is sufficient evidence to demonstrate the alleged violation of Texas law or a TREC Rule, the Commission has the power to suspend or revoke a license, issue a formal reprimand or administrative penalty, or take other disciplinary actions it deems appropriate. It is imperative that you take steps to defend yourself in disciplinary proceedings before the Texas Real Estate Commission.
Appearing Before the Texas Real Estate Commission (TREC)
First, as soon as you are notified of a complaint against you, seek the advice of an experienced real estate license defense attorney. Your attorney can help you craft and present a defense that protects your professional license from every attack.
Second, be ready to speak on your own behalf. While your attorney will prepare you for any legal proceeding, the Commission is generally persuaded by licensed professionals who are willing to discuss the events that gave rise to their complaint and argue in support of their actions.
Third, you may be put in a position to accept or reject the Commission's decision to take disciplinary action against you. If the Commission deems the complaint against you meritorious, it will recommend some level of punishment. If it comes to that, you will then have the opportunity to accept the punishment or appeal the Commission's decision to the Texas State Office of Administrative Hearing (SOAH). If you appeal, SOAH will conduct an administrative hearing similarly to how a courtroom trial operates.
When you are accused of wrongdoing in connection with real estate deals, your TREC license is on the line. Ensure that you timely respond to all communication from the Commission. Take the complaint seriously from the beginning and consult an experienced real estate license defense attorney immediately. Finally, if you made a mistake, be willing to admit your error. The Commission will be more lenient if you admit to a mistake and demonstrate an understanding of how to properly perform your job duties, than if you plead ignorance. However, prior to admitting to anything it is critical to consult with your attorney. Our skilled attorneys can carefully advise you about testifying to matters that may be self-incriminating.
Defending Your Professional Real Estate License
If you are under investigation by the Texas Real Estate Commission, we can help. 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) 717-5432 and schedule a case evaluation.
BERTOLINO LLP represents licensed professionals across the entire State of Texas. To best serve our clients we have offices in Austin, Houston, and San Antonio.