When you have worked hard to earn your real estate license, a rewarding career is in the offing. The last thing you want to do is to endanger your livelihood by putting that license at risk of being revoked. Any accusation against your license should be met with a vigorous defense. That includes when someone has complained that you have engaged in misrepresentation by failing to disclose important facts about a property.
A real estate sales agent is most likely to face a complaint against their license for failure to disclose some aspect of a property’s condition or an environmental fact about the property for sale. While different states have different standards for what may be disclosed, Texas’s standard for single-family residential real estate is fairly clear, as laid out in the Seller’s Disclosure of Property Condition Form provided by the Texas Real Estate Commission.
This form meets the requirement of Section 5.008 of the Texas Property Code that particular material facts and conditions about a property be revealed in the course of negotiations for the purchase and sale of the property. It includes a listing of a number of furnishings that the property either contains or does not contain, and whether those items are in need of repair; whether any structural elements, or elements germane to fundamental utilities like electrical, natural gas, or plumbing service, are in disrepair; whether there is insufficient drainage; whether methamphetamine has ever been manufactured on the property; and so forth.
Failure to have used the form at all, of course, is problematic. But when a buyer of a property relies on the Disclosures form and then discovers something that violates it (or that they believe violates it, even when it does not), they may file a complaint against the real estate agent who represented the seller of the property.
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 R. Bertolino's #1 Bestselling book, When Your License is Under Attack: A Survival Guide for Texas Professionals in hardcover or for Kindle here.