On October 19, 2020, (as the result of Tyler Ford’s complaint) TREC issued administrative orders against Hector de los Santos and Bryan Gene Schild. TREC suspended de los Santos’ license for one year and Schild’s license for six months. TREC ordered Hector de los Santos to pay a $9,000 administrative penalty and ordered Bryan Gene Schild to pay a $3,500 administrative penalty.
Tyler Ford made a complaint against the Defendants with TREC. TREC then investigated the complaints. As the result of TREC’s investigation, TREC filed Original Petitions against Hector de los Santos and Bryan Gene Schild.
TREC brought claims for Negligence, Misrepresentation, Failure to Disclose and Dishonest Conduct against de los Santos. TREC asserted that Defendants failed to identify themselves a real estate agents to Mr. Ford. TREC asserted that de los Santos misrepresented the extent of previous flooding to the Property. TREC asserted that de los Santos failed to disclose the adverse [mold] findings or to provide the mold assessment report to Mr. Ford. TREC asserted that de los Santos provided Mr. Ford (the buyer) with a false Certificate of Mold Remediation containing non-existent licensing credentials and supplemental information about the mold remediation contractor’s employment that was untrue.
TREC alleged that de los Santos was negligent, that he engaged in conduct that was dishonest or in bad faith concerning a significant defect, and that he failed to disclose to a potential buyer a defect that was known to him. TREC issued Findings of Fact on another file number dated October 12, 2020. The Findings of Fact state: “While preparing a contract for the sale of a property, Mr. de los Santos failed to ensure the contract disclosed the broker’s and listing agent’s licensure and contact information…“While negotiating the sale of a property Mr. de los Santos misrepresented the extent of flooding to the subject property, failed to disclose an adverse mold assessment report, and produced a false Certificate of Mold Remediation.”
TREC is well aware of the as-is clause in its promulgated form. The as-is clause is not a “get out of jail free” card. TREC’s orders and Finds of Fact illustrates this. The Weaver Law Firm represents individuals in real estate disputes. Did your real estate agent breach her fiduciary duty?
The Weaver Law Firm represents real estate agents and brokers in TREC defense matters, but the firm also represents individuals against bad real estate agents. We understand that the primary goal in all real estate matters is the achievement of positive results. Richard Weaver is a double board certified attorney in both residential and commercial real estate law. Our clients also appreciate our loyalty, as well as our honest communication of information. Our attorneys are available to represent clients in Houston, San Antonio, Harris County and the surrounding communities of Texas.