In the course of engaging in the real estate market, a sales or buyer broker will on occasion be met with an official complaint against their license. In the state of Texas, the governing agency over real estate professionals is the Texas Real Estate Commission. In addition to granting licenses to individuals who have fulfilled the established criteria, the Commission also oversees the maintenance and disciplinary functions for license-holders. An official complaint can be a true challenge to maintaining your real estate license.
When the Real Estate Commission receives a complaint, it first examines the complaint to ensure that it has jurisdiction over the complaint. If it does, then the Commission will open an investigation into the complaint. At this stage, a real estate professional will be notified that a complaint has been made against their license. A copy of the complaint will be provided to the license-holder, and sources of information will be requested.
When the investigation concludes, the Commission will review the information it has gathered to determine whether the evidence is sufficient to establish that the Commission’s rules or a statutory provision have been violated. If so, disciplinary action is often taken.
Disciplinary action in these cases generally takes one of a number of forms:
- A formal reprimand;
- Payment of an administrative penalty;
- Suspension of a license to practice real estate for a predetermined amount of time;
- Wholesale revocation of a practitioner’s license in the state of Texas.
The complaint and investigation process is a fluid thing—it will not take any set amount of time or necessarily be simple to navigate.
In nearly every case it is highly recommended that a real estate agent against whom a complaint has been filed immediately contact a qualified professional license defense attorney, one who is familiar with the process of defending a real estate license. Such an attorney can aid you in deciding whether to sign an Agreed Order, or to respond to a Notice of Alleged Violation. They can represent you in the hearings before the State Office of Administrative Hearings. The process is prosecutorial, and there are many ways for one who is representing oneself to trip up. Having a skilled attorney may be the only way to maintain a real estate license in the face of a complaint.
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.
Follow BERTOLINO LLP on Facebook!
View free videos & subscribe to our YouTube channel!
Get a copy of Tony Bertolino's Bestselling book When Your License is Under Attack: A Survival Guide for Texas Professionals in hardcover or for Kindle here.