Various rules and laws govern licensed real estate inspectors. The Texas Real Estate Commission (TREC) monitors real estate inspectors’ compliance with these laws and enforces them as needed. Real estate inspectors may face disciplinary proceedings before TREC if they violate applicable rules or laws.
During these proceedings, you need experienced legal counsel to protect your ability to practice as a real estate inspector and/or operate your office. A real estate inspector license defense lawyer can represent you before TREC in disciplinary proceedings and help avoid or minimize the potential sanctions you may face.
What Kinds of Complaints Does TREC Handle About Licensed Real Estate Inspectors?
TREC only handles complaints concerning violations of the laws or rules that govern real estate professionals, including real estate inspectors.
How Long Does an Individual Have to File a Complaint About a Real Estate Inspector with TREC?
An individual must file a complaint about a real estate inspector with TREC within four (4) years of the date of the incident that led to the complaint.
What Happens When TREC Receives a Complaint Against a Licensed Real Estate Inspector?
When TREC receives a complaint against a real estate inspector, it takes certain steps within 30 days of receiving the complaint. The agency first reviews the complaint to determine whether it has jurisdiction over the issues raised in the complaint. TREC then determines whether it needs any additional information about the complaint and whether there is reasonable cause to move forward with an investigation.
What Happens if TREC Decides to Open an Investigation?
If TREC determines that it has reasonable cause to open an investigation, it will provide you with a copy of the complaint. You also will have 14 days to respond to the complaint. TREC will gather information about the complaint to decide whether you have violated a rule or law that the agency enforces. This process can occur through interviews, review of documents, and review of written questions. Ultimately, a TREC enforcement staff attorney reviews the investigation results and determines whether, based on the evidence, a violation of the Real Estate License Act or TREC rules has occurred. The typical TREC investigation process lasts three to six months.
What Happens if TREC’s Investigation Results in Evidence that No Violation Occurred?
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If the TREC attorney determines that no rule or law violation occurred in your case, they will send a letter to all parties involved, closing out the complaint without finding any violation.
What is an Advisory Letter?
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If the TREC attorney determines that your case warrants a warning but no formal disciplinary action, TREC can issue you an advisory letter. This warning notice from TREC is not a formal disciplinary action, although it does become part of your non-public licensing record. TREC can also consider an advisory letter as part of your file if you face complaints or disciplinary action in the future.
What Happens if TREC Pursues Formal Disciplinary Action?
If the TREC attorney determines that your case warrants formal discipline, you may face an array of sanctions. If you agree with TREC’s proposed sanction, including fines, a license suspension, or a license revocation, you can sign an Agreed Order, which resolves the disciplinary proceedings.
If you disagree with TREC’s proposed sanctions, TREC will proceed with formal disciplinary action by serving you with a Petition and Notice of Alleged Violation (NOAV). TREC then sends your case to the State Office of Administrative Hearings (SOAH) for a contested evidentiary hearing.
What is an Agreed Order?
When TREC and a real estate inspector who is the subject of a complaint resolve a disciplinary action by written agreement, they sign an Agreed Order. You and TREC agree that you have committed certain violations and that you should receive certain sanctions because of those violations. This Order also contains various terms and conditions you must follow for a certain period to avoid further disciplinary action. An Agreed Order becomes part of your formal professional disciplinary record that is open to the public and can affect any sanctions that you receive for disciplinary proceedings in the future.
Violation of an Agreed Order can result in further disciplinary action against you. Typically, violation of the Agreed Order is an independent ground for discipline, in addition to the original underlying offense.
What Happens at a Contested Hearing Before SOAH?
SOAH assigns your case to an administrative law judge (ALJ), who handles your case from beginning to end. These administrative proceedings operate much like courtroom proceedings, except that they follow a special set of rules of procedure.
TREC will present evidence to prove that you have violated a law or rule that governs your profession. You then can present evidence to defend yourself against the allegations that you have violated a law or rule for which you are subject to discipline.
After the hearing, the ALJ has 60 days to issue a Proposal for Decision (PFD) to TREC. The agency then considers the PFD and issues a final order, which can accept, modify, or reject the PFD.
We Will Represent Your Interests Before the Texas Real Estate Commission
We know how crucial it is for you to maintain your real estate inspector license and continue the career that you have worked so hard to establish. We aim to help you defend yourself against disciplinary proceedings and mitigate or prevent potentially damaging sanctions. The experienced real estate inspector license defense lawyers at Bertolino LLP, will advocate to protect your license during your disciplinary proceedings. Call us at (512) 515-9518 or contact us online.
Q&As about Agreed Orders
Earning a professional or occupational license requires substantial time and training. Once you have earned that license, you are subject to various rules and laws that govern your profession. When a violation occurs, the potential sanctions of a complaint and disciplinary proceedings against your license can be severe. A professional license defense attorney can help you fight back against the allegations you are facing and minimize any sanctions you might receive by using applicable mitigating factors, such as entering an Agreed Order where appropriate.
What is an Agreed Order?
An Agreed Order is a settlement offer that a licensing board or agency may extend to a licensee who is facing disciplinary action. Suppose the board has determined that there is sufficient evidence or probable cause to find that the licensee has violated a law or rule governing the profession at issue. In that case, the board may try to resolve the complaint informally. The most common form of informal complaint resolution is an Agreed Order, which contains some degree of sanction against the licensee based on the severity of the violation.
Do I Have to Accept an Agreed Order?
No. You do not have to accept an Agreed Order. You are free to reject the Agreed Order that your licensing board has offered you or ask for changes to the Agreed Order the board has offered.
Do Most People Accept Agreed Orders?
Many licensees resolve their disciplinary cases through informal settlements such as Agreed Orders. However, whether an Agreed Order is the best form of resolution for you depends on the facts and circumstances concerning your case. An Agreed Order is the quickest and most efficient way for a licensing board to resolve a disciplinary complaint. However, signing an Agreed Order is not always in your best interests. Getting legal advice from an experienced professional license defense lawyer is the best way to determine whether an Agreed Order is right for you.
What Happens if I Accept an Agreed Order?
If you accept an Agreed Order, it usually goes to the full licensing board for approval. The full board can approve or reject the Agreed Order. If the board approves the Agreed Order, you must follow the terms and conditions in the Agreed Order. Any violation of those terms and conditions could result in further disciplinary action against you. However, if the board rejects the Agreed Order, then you and the board can negotiate a new Agreed Order to submit to the full board for approval or resolve the disciplinary case in another matter, which could include a contested hearing.
What Happens if I Don’t Accept an Agreed Order?
If you don’t accept an Agreed Order, you can work with the board to reach terms and conditions that are mutually agreeable. Your professional license defense attorney can negotiate these terms on your behalf to reach the Agreed Order that is most beneficial to you and minimizes any burdens on you. Again, once you negotiate an Agreed Order, it must go to the full board for approval.
What Kinds of Terms and Conditions Can an Agreed Order Contain?
An Agreed Order can contain various terms and conditions, typically including one or more sanctions specified in the rules or laws that govern your profession. Depending on your circumstances, you can receive one or a combination of sanctions. Potential sanctions outlined in an Agreed Order may include:
- Payment of administrative fines;
- Issuance of a public or private reprimand;
- Periodic appearances before the board;
- Completion of additional continuing education courses or training;
- Mandatory supervision by another professional in your field;
- Restrictions on your performance of professional activities or practice;
- Mandatory substance abuse evaluation, counseling, treatment, rehabilitation program, and/or drug testing;
- Mandatory participation in mental or behavioral health treatment as recommended by an evaluation;
- Probated license suspension;
- License suspension; or
- License revocation.
Every Agreed Order is different and based on the facts of your case, although boards often use standard sanctions for similar violations. A board may tailor an Agreed Order to best address the violations that have occurred in your case.
What Happens if I Don’t Follow the Agreed Order?
If you don’t follow the terms and conditions in an Agreed Order, the consequences can be very harsh. You may face more severe discipline for the violations you already admitted to in the Agreed Order and further sanctions for violating the Agreed Order. Typically, it is an independent ground for disciplinary action under the laws or rules of most professions if you violate an Agreed Order or other board order.
As a result, you must be very clear about your responsibilities under an Agreed Order before you sign it. You must be confident of your ability to carry out the tasks or conditions placed in the Agreed Order and to complete what is required of you.
Is an Agreed Order a Formal Disciplinary Action?
An Agreed Order is a formal disciplinary action that becomes a part of your permanent professional disciplinary record. The public can access an Agreed Order and know the details of why you have been subject to discipline.
We Are Here to Defend Your Rights
Maintaining and defending your professional license during disciplinary proceedings can be a stressful, challenging, and lengthy process. The guidance of an experienced professional license defense lawyer can make all the difference in the outcome of your disciplinary proceedings. With a strong legal advocate on your side, you can put yourself in a better position to handle your situation. Contact Bertolino LLP at (512) 515-9518 or visit us online.
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