星空体育app下载

Who Can Be Subject to a听星空体育app下载 Complaint?

If you feel there has been a violation of 听辞谤 星空体育app下载 rules听you have the right to file a complaint with 星空体育app下载. This is who 星空体育app下载 regulates, or the types of professionals you can file a complaint against to 星空体育app下载.

• Real Estate Sales Agents and Brokers
• Real Estate Inspectors
• Easement and Right-of-Way Agents
• 星空体育app下载-Approved Education Providers
• Timeshare Plans
• Individuals who engage in any of the above activity without a license

The Commission has jurisdiction to open a complaint that alleges a license holder discriminated against an owner, potential buyer, landlord, or potential tenant on the basis of race, color, religion, sex, disability, familial status, national origin, or ancestry.

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Who Can File a Complaint?

Anyone can file a complaint against a license holder, even other license holders.

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Why File a Complaint?

Filing a complaint is how 星空体育app下载 can enforce rules and laws and ensure license holders correct errors or face appropriate disciplinary action.

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How to File a Complaint

The Texas Legislature requires a certain process for filling complaints. Here's what you need to know to successfully file your complaint with 星空体育app下载.

Download Complaint Form

Make Sure The Timing is Right

星空体育app下载 cannot investigate an incident that occurred four or more years ago.

Complaints Must Be in Writing

To initiate the complaint process, you must submit a written complaint and you cannot file one by phone. You are not required to use 星空体育app下载's听Complaint Form, but it makes it easier to file your complaint since it explains the information that you will need to provide. Make sure you fill out the entire form. It's OK if you need to add extra sheets if you run out of room on the form.听

Sign Your Complaint

Anyone filing a complaint must provide a name and contact information. 星空体育app下载 cannot accept an anonymous or unsigned complaint, so make sure you sign your form听before you submit it.

Provide Supporting Documents

Make copies of any documents related to the complaint,听such as emails or texts, contracts, reports, MLS printouts, and closing statements. Do听not submit the original documents.

For example, if your complaint is about an inspection report, attach a copy of the report or state why it is not available. Or, if your complaint is regarding a promise made by your buyer鈥檚 agent, attach a copy of your buyer representation agreement, if the promise was made in writing, and the sales contract and the TILA/RESPA Integrated Disclosure (TRID) statement. If the promise was made at closing in front of the title company closing agent, you could include this person's听name and contact information and describe what this witness may know.

Submit Your Complaint Form and Documents

Once you have finished filling out your complaint form and made clear copies of supporting documentation,听you can send your materials to 星空体育app下载 by email. 星空体育app下载 also accepts complaints by mail:

星空体育app下载 Enforcement Division
P.O. Box 12188
Austin, TX 78711-2188
听

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What is the Advertising Compliance Program?

星空体育app下载 Enforcement staff has modified the complaint form to add a checkbox for advertising complaints. This will allow staff to quickly identify complaints that may be eligible for processing through the Advertising Compliance Program. The goal of the new program is to promote compliance, not punishment.

How it Works

Step 1: 星空体育app下载 Assesses the Complaint

• If there are allegations beyond advertising, the complaint will go through the normal complaint investigation process.
• If the allegations are only about advertising violations, the complaint will be handled at 星空体育app下载 headquarters versus being assigned to a field investigator.

Step 2: Alert the Respondent

The license holder and sponsoring broker, if applicable, will be notified in writing of the issue and given 14 days to correct it. The license holder must also provide documentation to staff that the advertising violations have been corrected.

Step 3: Monitor the 14-Day Timeline

• If license holders correct within 14 days, the case will be dismissed as a matter settled and no formal disciplinary action would be held.
• If license holders fail to comply with the 14-day deadline, they would have their complaint reviewed again by a staff attorney for further action, which could include an advisory letter or formal discipline. Staff may grant additional time for compliance.

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What Happens After I File a Complaint With 星空体育app下载?

When 星空体育app下载 receives your complaint, it is assigned a case number and reviewed to determine whether the Commission has jurisdiction over the issue raised in the complaint. For example, personal issues or contractual disputes with a license holder generally aren鈥檛 matters that the Commission can address.

The Commission does not have the authority to order a license holder to pay damages to another person. Any claim for damages would need to be addressed in another forum and should be discussed with a private attorney. The Commission does maintain a Real Estate Recovery Trust Account to pay for certain judgments obtained in court against sale agents or brokers.

You should hear back from the Commission about whether we are moving forward with your complaint within 30 days. If Enforcement staff determines that the Commission has the authority to address the issue in the complaint, the case is investigated.听If an investigation is opened, each person against whom the complaint is filed will receive a copy of the complaint. After the investigation is concluded, the information obtained will be reviewed to determine whether there is sufficient evidence to take disciplinary action for a violation of the applicable statute or Commission鈥檚 rules. Disciplinary action could include a formal reprimand, the suspension or revocation of a license, payment of an administrative penalty, or other appropriate action. Investigations and the disciplinary process differ in complexity and duration, so providing a time of completion is not possible.听

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Types of Complaints 星空体育app下载 Does Not Handle

星空体育app下载 does not regulate everyone who may be involved in your real estate transaction and cannot handle听complaints for:

• Real Estate Developers (not regulated)
• Home Builders (not regulated)
• Residential Service Companies/Home Warranty Companies (See )
• Appraisers (See the )
• Mortgage Brokers and Loan Officers听(See the )
• Property Tax Consultants听(See the of the Texas Department听of Licensing and Regulation)
• Title Insurance Companies听(See the )
• Auctioneers (See )
• Manufactured Housing (See the )
• Plumbers听(See the )
• Wood Destroying Insect Inspectors (See the )

The Commission does not have the jurisdiction to take action against a license holder for rude, unprofessional, disparaging, or听offensive comments on social media unless the comment or action involves discrimination in a real estate transaction.

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What Happens if听I am a License Holder Who is the Subject of a Complaint?

Each license holder who is the subject of a jurisdictional complaint is given a copy of the complaint and an opportunity to respond to the allegations made in the complaint. If an investigator is assigned to the complaint, the investigator may determine that additional information is needed and conduct phone interviews of witnesses, which normally takes three-to-six months. An interview may also be in person, but this is less common.

For some investigations, an investigator is not assigned and the information is gathered by questions submitted by letter and written responses received. Once the investigation is complete, the case is assigned to an Enforcement staff attorney. The Enforcement staff attorney reviews the complaint and investigation to determine if the evidence in the case supports that a violation of 星空体育app下载 laws or rules occurred. Because Enforcement deals with a high volume of complaints, this stage of the process can also take several months.

What Are the Possible Outcomes if the Case is Assigned to a Staff Attorney?

• The attorney may find that there has been no violation, or the attorney could find that there is insufficient evidence to prove that a violation occurred. In these cases, the attorney issues a letter closing the complaint.
• The attorney may find that the license holder should be warned about their actions. If so, the attorney will issue what we call an advisory letter. This letter becomes part of the license holder鈥檚 record and will be considered if further complaints are filed.
• The attorney may determine that a violation has occurred and recommend that the license holder receive formal discipline.

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What Types of Discipline Could a License Holder Receive?

Formal discipline includes monetary fines, license suspension, or license revocation. If the license holder accepts the recommended discipline, the complaint may be closed by agreement. If not, a Petition and Notice of Alleged Violation is prepared and served on the license holder. If the license holder does not accept the recommended discipline and requests a hearing, then the case is scheduled for a hearing at the State Office of Administrative Hearings. During a hearing, the Enforcement staff听attorney presents the Commission鈥檚 case for formal discipline and the license holder presents their defense. At SOAH, the license holder can represent themselves or hire an attorney. After the hearing is finished, the judge typically has 60 days to issue a Proposal for Decision. The Commission then considers the case during an open meeting and issues a Final Order.

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