The Weaver Law Firm represents agents and brokers in TREC complaints. But our lawyers also represent individuals that bring complaints against agents if there is good reason. Do you believe a real estate professional has engaged in unethical work? You may be able to take action against the agent. The Texas Real Estate Commission regulates real estate agents and brokers, real estate inspectors, easement and right of way agents, unlicensed activity, real estate education providers, residential service companies and timeshare plans. A person may not be able to bring an investigation towards mortgage companies, new home builders, title companies, sellers or buyers who are not licensed. A matter that exceeds the statute of limitations and anything not within the Commission’s jurisdiction may not qualify for a complaint but ask an attorney if your situation qualifies.
When the complaint is properly submitted, the commission is required to investigate the complaint. The determination of the case is made based on the evidence provided to the TREC investigator proving if there is a violation of the Real Estate License Act or Texas Real Estate Commission rules. The statute of limitation from the date of the incident is four years. If the investigation gathers enough evidence proving that the accused violator is responsible, then there may be consequences that may include suspending or revoking a license and payment of an administrative penalty. A penalty matrix assigns a penalty range to different violations of Real Estate License Act or Texas Real Estate Commission rules. TREC can assess penalties in 3 ranges: (1) $100-$1,500 (2) $500-$3,000 (3) $1,000-$5,000. These ranges can increase if there is history of previous violations. An informal disciplinary action may take the place of a formal disciplinary action. An Informal disciplinary action includes an attorney writing an advisory letter (warning) to the violator, the commission saves these letters for 10 years for record and because it can be used as evidence in the future.
If you want to know more information on how to respond to a complaint or how to file a complaint, contact a board-certified real estate attorney. We have a substantial amount of experience in TREC complaints, we welcome you to give us a call. Our number is 713-572-4900.