How do I report a realtor in Texas?
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The life of a real estate agent is not for the faint of heart. On any given day, an agent may juggle a myriad of tasks—negotiating with other agents, advertising a client’s home, evaluating the housing market and possible listing prices, ensuring a client’s home is marketable, arranging opening houses and showing open houses, to name just a few. Amid the chaos and hustle, it is difficult to consider the possibility of a complaint—and what to do it when it happens. Show
This article addresses what to do when such a complaint is filed. The experienced attorneys at Brousseau Naftis & Massingill, P.C. have represented clients in real estate matters for decades. For more information, contact us today for a no-obligation consultation. The Texas Real Estate Commission TREC, as the gatekeeper for all Texas real estate agent licensing, also controls the process for when a complaint is made against a license holder. And, as with all professional licenses, this administrative agency has the power to revoke or suspend any license, which ultimately could have a severe impact on a license holder’s livelihood. Any person involved in the daily work affairs (whether another agent, broker, or client) can affect your license with one single complaint to TREC. However, if a complaint is filed, there is one important thing to understand for any license holder going through the process: as a professional license holder, you have the legal right to be heard and tell your side of the story. How a license holder responds to a complaint is crucial and could be the sole reason a complaint is dismissed or pursued. Organization, accuracy, and supporting documentation and evidence are key. Below are the necessary steps a license holder should take if a complaint is filed against them. Steps to Take if a Complaint Is Filed:
When to Hire an Attorney for a TREC ComplaintSome complaints may be minor and not warrant legal representation. However, when the possible suspension or revocation of a license is at stake, an attorney is the greatest tool to ensure a license holder’s legal rights are protected. After submission of the response, a TREC investigator will interview the respondent before a TREC attorney reviews the case and decides whether a license holder violated TREC rules and regulations. If TREC finds that a license holder committed a violation and proposes a suspension or revocation of the license, the license holder will have the opportunity to appeal this decision to the State Office of Administrative Hearings. An attorney with administrative experience will be able to provide the best assistance in this situation as the administrative process is deadline-sensitive and the procedures are detailed-orientated and specific. A missed deadline or misstep in the process could mean a missed opportunity to appeal the license revocation or suspension. Ultimately, a license holder’s sole goal in this circumstance should be to protect their livelihood. An attorney with experience in this area will be the strongest armor. REALTORS® are different from non-member licensees in that they voluntarily subscribe to a strict Code of Ethics. If you believe that a REALTOR® has violated one or more Articles of the Code of Ethics, you can file an ethics
complaint alleging a violation(s) through the local association of REALTORS® where the REALTOR® holds membership, or participates in a REALTOR® association-owned/operated MLS. You may search for a member's local affiliation here. In addition, REALTORS® agree as a condition of membership to arbitrate contractual disputes and specific non-contractual disputes as provided for in
Article 17 of the NAR Code of Ethics. Below are several resources to help you understand what filing and processing an ethics complaint and arbitration request entails, and the general process you can expect when filing an ethics complaint or arbitration request with a local association of REALTORS®. Check with the local association of REALTORS® to ensure you have the proper forms required by that
association.
Arbitration
Statements of Professional Standards PolicyView the complete listing of Professional Standards Policy Statements. Resources for Professional Standards AdministratorsResources aimed specifically at Professional Standards Administrators are available here. Related Content
What is the most common complaint filed against realtors?Most Common Complaints. Incomplete and duplicate contracts.. No permits.. Easement errors.. Mineral rights.. Failure to review or recommend survey.. Contract drafting.. Failure to review title.. Loss of earnest money.. Who can file an Ethics complaint against a realtor?Anyone who believes that a REALTOR has exhibited unethical conduct that may violate the REALTOR Code of Ethics may file an Ethics Complaint against that REALTOR.
Who oversees the Texas Real Estate Commission?The Texas Real Estate Commission is composed of nine members appointed by the Governor for six-year terms. Six members must be licensed real estate brokers. Three members must be members of the general public who are not regulated by the Commission.
Can you complain about an estate agent?Local council trading standards departments can look into complaints about letting agents. You can report a letting agent to trading standards if the agent is not registered with a letting agent redress scheme or if you think their practices are unfair. Trading standards could investigate unfair or unlawful charges.
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