All Texas Real Estate Professionals are familiar with the Texas Real Estate Commission (“TREC”) and should be aware of the Texas Real Estate License Act (“TRELA”) which regulates the conduct of Texas Real Estate Professionals. TRELA can be found in Chapters 1101 and 1102 of the Texas Occupations Code. TREC is granted the authority to adopt and enforce rules necessary to administer those chapters and establish standards of conduct and ethics for all persons licensed under TRELA. In addition to the provisions found in TRELA, TREC establishes a separate set of rules that regulate the Texas Real Estate Professionals. These additional rules can be found in Title 22, Part 23 of the Texas Administrative Code.

TREC is authorized to regulate the following Real Estate Professionals:

• Real Estate Sales Agents and Brokers

• Real Estate Inspectors

• Easement and Right-of-Way Agents

• Real Estate Education Providers

• Residential Service Companies (Home Warranty Companies)

 

If you have been in the real estate industry long enough you undoubtedly have dealt with great Real Estate Professionals and some that are not so great. To help enforce the rules and regulations established for Real Estate Professionals, TREC provides a process for filing a complaint in the event an individual feels there has been a violation of TRELA or the TREC rules. TREC has made the process convenient through the use of an online complaint form. Although some complaints have merit, many do not.

The filing of a TREC complaint against a real estate license holder is not uncommon, but for many Real Estate Professionals, receiving notice of a TREC complaint can be unnerving.

 

The TREC complaint process can be daunting, and in far too many instances Real Estate Professionals simply fail to respond to complaints. This may be because they believe the complaint is without merit, or they simply believe that if they do nothing, it will go away. In no situation should a TREC complaint be ignored as failure to respond will result in disciplinary action. Discipline may include an administrative penalty (fine), a suspension, or revocation of license.

After receiving a TREC complaint a license holder should respond by providing documents and information related to the transaction or complaint as directed in the letter accompanying a copy of the complaint provided to the license holder by the TREC Enforcement Division. The license holder can anticipate a follow-up telephone interview with a TREC Investigator. 

If you have received notice of a TREC complaint, contact the attorneys at Byers & Taylor, PLLC immediately. Our attorneys have successfully assisted Texas Real Estate Professionals across the state navigate the TREC complaint process and successfully resolve disputes. We will help you understand the process and deal with TREC directly so you can continue with your day-to-day knowing that the matter is being handled by professionals.

​

Information in this article and others are provided for general and educational purposes only. It is not to be construed as legal advice upon which anyone should rely. The law changes, and legal counsel or financial advisement relating to your individual needs and circumstances is advisable prior to taking any action that has legal consequences. This firm does not represent you unless and until it is expressly retained in writing to do so.