Texas Real Estate Commission License Defense Attorneys
The attorneys at Ray & Weinstein, P.C. represent clients in Texas Real Estate Commission License Defense casesTexas Real Estate Sales Agents and Real Estate Brokers face a significant number of rules and regulations promulgated by the Texas Real Estate Commission. Any alleged violation of these rules and regulations can result in an obstacle to a Real Estate Agent Licenses’ ability to work in Texas. The firm practices TREC License Defense. From TREC application Denial Hearings to Notice of Alleged Violation Hearings, the firm’s goal is to provide effective and efficient legal representation to the firm’s TREC License clients in these Locations of Practice. The firm represents licensees possessing the following Texas Real Estate Commission professional licenses:
- Real Estate Sales Agent
- Real Estate Broker
Texas Real Estate Commission License Defense Lawyers
Many individuals possess Real Estate Licenses issued by TREC. Most TREC licensed Real Estate Agent Licenses have minimal or no contact with the disciplinary systems of the Texas Real Estate Commission. For Texas licensed Real Estate Agent Licenses who become part of the TREC disciplinary process, the consequences are profound. The Texas Administrative Law disciplinary process is complex, procedural and time consuming.
TREC Investigation Defense Lawyers
The majority of Texas Real Estate Commission License disciplinary investigations begin with the filing of a consumer Complaint. However, disciplinary investigations also can arise from other events, such as a criminal conviction or criminal investigation. TREC utilizes non sworn civilian investigators to conduct non criminal investigations against licensed Real Estate Sales Agents and Real Estate Brokers. TREC works with works with Texas law enforcement agencies to investigate criminal and administrative law violations committed by Texas Real Estate Sales Agents and Real Estate Brokers. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.
It is important to have an attorney that understands the Texas Real Estate Commission License disciplinary process. At the conclusion of a TREC investigation, TREC has several options. The Texas Real Estate Commission can choose to close the Complaint. TREC can choose to issue an Administrative Penalty. The Texas Real Estate Commission can also choose to refer the matter to its legal counsel for the filing of formal Administrative disciplinary charges, generally called a Notice of Alleged Violation. TREC legal counsel will determine whether cause exists to file a Notice of Alleged Violation. TREC may hold an Informal Conference with the licensee. In cases involving criminal conduct, the Texas Real Estate Commission may refer the case to the District Attorney’s Office for criminal prosecution.
TREC Notice of Alleged Violation Defense Attorneys
A Notice of Alleged Violation served on a Texas Real Estate Agent License serves as notice to a licensee that TREC intends to suspend or revoke the Texas Real Estate Sales Agent License or Texas Real Estate Broker License. The licensee, now called the Respondent, has only a specific number of days from the date that the Notice of Alleged Violation was served (not received, but served) to file a Request for Hearing. The failure to file a Request for Hearing results in a Default against the Texas Real Estate Agent. A Default will result in the immediate Revocation of the Texas Real Estate Agent License.
The filing of a Notice of Alleged Violation is a serious matter that can result in the suspension or revocation of a Real Estate License in Texas. In many cases, it is possible for licensees to reach a settlement with the TREC. An Agreed Order is a formal term for a settlement agreement. If An Agreed Order cannot be reached, the parties will proceed to a formal Hearing before the Texas State Office of Administrative Hearings (SOAH).
Texas Real Estate Commission Hearing Attorneys
The Texas State Office of Administrative Hearings, also known as SOAH, hears TREC disciplinary matters. SOAH is headquartered in Austin, but may hold Hearings remotely or in other locations. Hearings may be held in Austin, Corpus Christi, Dallas, El Paso, Fort Worth, Houston, Lubbock or San Antonio. The TREC Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.
The Administrative Law Judge, or ALJ, will issue a written Proposal for Decision approximately 60 days after the Hearing. The Texas Real Estate Commission and the Respondent generally both have the ability to file responses to the Proposal for Decision, called Exceptions and Briefs. TREC can adopt, modify or reject the ALJ’s Proposal for Decision. The Texas Real Estate Commission’s action is called the Final Order. There are two main rights of Appeal of a Final Order. Texas Government Code § 2001.144 allows a licensee to file a Motion for Rehearing within 25 days after the Final Order is issued. If a Motion for Rehearing is denied, the Respondent can file a Request for Judicial Review in Travis County District Court in Austin. A Request for Judicial Review must be filed within 30 days of the denial of the Motion for Rehearing.
Texas Real Estate Commission License and Criminal Convictions
TREC can discipline Real Estate Licensees for criminal convictions. Administrative Law discipline for Texas Real Estate Sales Agents and Real Estate Brokers primarily occurs for felony criminal convictions and criminal convictions related to the Real Estate License. The Texas Real Estate Commission and other law enforcement agencies also investigate criminal conduct by licensees in the course and scope of their license. Common criminal offenses that can cause TREC License discipline are:
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TREC License Denial Defense Attorneys
The Texas Real Estate Commission thoroughly investigates all applicants for Real Estate Licenses. TREC may deny licensees from other states and countries. Most Texas Real Estate Agent License denials occur due to criminal convictions, financial problems or misstatements on the Real Estate License application. Denial Hearings and Notice of Alleged Violation Hearings before the State Office of Administrative Hearings involve a similar procedure. However, in a Real Estate License Denial Hearing, the applicant bears the burden of proof.
Texas Real Estate Commission Petition for Reinstatement Lawyers
A Petition for Reinstatement allows individuals who have received a TREC License Revocation to reinstate their Texas Real Estate Agent License. The Petition for Reinstatement may result in an investigation by TREC. Subsequent to an investigation, the TREC may issue the license, issue the license with a corresponding Agreed Order (settlement), or deny the license. TREC may schedule an Informal Conference prior to determining whether to grant or deny licensure. Rehabilitation from past misconduct is a primary factor in a Petition for Reinstatement.