Facts: PD was licensed by Texas Real Estate Commission (“TREC “) as a Sales Agent since August 1990, and as a Broker since August1993. He has no previous complaints or disciplinary history. PD received a Notice of Complaint Investigation (“Complaint”) from TREC stating that they conducted a criminal history check after PD applied for renewal of his license and discovered he did not disclose 3 convictions for Intoxication Manslaughter/Assault from 2005. The records show 6 months of incarceration and 10 years of probation. TREC requested a checklist of criminal documents including pleas, judgments, payment of fees and restitution. Bertolino LLP filed a robust response to the investigation on behalf of PD asserting a Statute of Limitations defense pursuant to Tex. Occ. Code § 1101.204(c) regarding TREC may not conduct an investigation of a person in connection with a complaint submitted later than the fourth anniversary of the date of the incident that is the subject of the complaint. Since the criminal incident happened 17 years ago, the Statute of Limitations on the complaint has long since passed.
Outcome: Texas Real Estate Commission issued PD a letter closing the investigation with no further action to be taken.
