Texas Real Estate Commission
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What you can expect should you receive a Notice of Complaint
When a complaint is received by the Commission, the Enforcement Division reviews the complaint to determine if there is a possible violation of the Real Estate License Act. The complainant is notified by mail that the complaint was received.
If an investigation will be opened, the person against whom the complaint is filed will receive a copy of the complaint. An investigator will contact the complainant to discuss the transaction that led to the complaint. The investigator will also speak with the person against whom the complaint was filed.
After the investigation is concluded, the information obtained is reviewed to determine if there is sufficient evidence for disciplinary action. Disciplinary action could result in a reprimand, suspension, or revocation of a license, as well as an administrative penalty of up to $1,000 per violation.
The complainant should know that the Commission does not have the authority to require a licensee to pay another person. Recovery of a monetary loss is a civil action and should be discussed with an attorney.
Should a person obtain a judgment against a licensee related to a real estate transaction and the licensee cannot pay the judgment, the Real Estate Commission maintains the Real Estate Recovery Trust Account (formerly Recovery Fund) and the Real Estate Inspection Recovery Fund which might pay the actual out-of-pocket damages, court costs and attorney fees. Should you receive a Notice of Complaint from your board, early involvement by experienced legal representation is a crucial element to a successful outcome!
Reimbursement from the Real Estate Recovery Trust Account (formerly Recovery Fund) is limited to $50,000 per transaction or $100,000 aggregate total against any one licensee. Reimbursement out of the Real Estate Inspection Recovery Fund is limited to $12,500 per transaction or $30,000 aggregate total against any one inspector. For further details or information about the recovery funds, you or your attorney may contact the Commission.