Real Estate Professionals with Disciplinary Complaints Before the Missouri Real Estate Commission
The Law Offices of Kevin J. Dolley provides legal counsel to real estate brokers, salespersons, and appraisers in disciplinary proceedings before the Missouri Real Estate Commission (MREC). The Firm defends licensed individuals, partnerships, associations, and corporations in disciplinary proceedings before the MREC. The Firm has significant knowledge of applicable regulations and procedures, as well as experience representing real estate professionals throughout Missouri.
Complaints to the Missouri Real Estate Commission
When a complaint against a real estate broker, salesperson, broker-salesperson, or appraiser is received by the MREC, it is reviewed and sent to an investigator who will inquire into the allegations. It is important to seek timely legal counsel if you are notified of an investigation. The Law Offices of Kevin J. Dolley effectively helps clients respond to investigatory complaints. After the investigation is completed, the investigator will forward the file to the MREC to review at its next meeting. If is the Commission determines that there is not enough evidence or that there was not a violation of Missouri law, the complaint will be dismissed.
Potential Discipline by the Missouri Real Estate Commission
If the Commission believes a violation of Missouri law occurred, it files formal charges against the licensee with the Administrative Hearing Commission (AHC).
Allegations by which a real estate broker or agent may be subject to discipline under Missouri law include:
- Failure to maintain and deposit in a special account moneys belonging to others;
- Making substantial misrepresentations or false promises;
- Suppression, omission or concealment of material facts in the conduct of business;
- Failure to account for or remit money that belongs to others;
- Representing an amount in excess of the true sale price or terms other than those agreed upon;
- Using prizes, money, or gifts as inducement to secure customers when the prize, money, or gift is contingent on the purchase;
- Failure to inform seller of all written offers without waiver from seller;
- Engaging in or committing mortgage fraud;
- Advertising property as being for sale or rent without consent;
- Improper, untrustworthy, or fraudulent business dealings, bad faith, incompetence, misconduct, or gross negligence;
- Being convicted of or pleading guilty to certain felonies or misdemeanors;
- Probation violations.
The Real Estate Commission Disciplinary Process
The complaint may be resolved as part of the initial investigation through dismissal or agreement between the parties as to discipline. Potential forms of discipline include censure, probation, suspension, revocation, or a monetary penalty.
If the complaint is not resolved as part of the initial investigation, it may be referred to the AHC for a hearing to determine whether the license is subject to discipline. A hearing before the AHC is a trial-like process requiring the MREC to present evidence and prove a violation of Missouri law or related regulations. If the real estate professional successfully defends against the MREC’s allegations, the AHC will find his or her license is not subject to discipline. If the AHC finds a violation was committed, the MREC holds a second hearing to determine the appropriate discipline. This determination is based on the findings of the AHC, the licensee’s testimony at the hearing before the MREC, and consideration of mitigating circumstances.
It is crucial to have experienced counsel on your side to protect your interests and avoid unnecessary discipline of your license. The Law Offices of Kevin J. Dolley will assist you in preparing a strong response and defense that protects your license and career.
Mortgage Fraud Allegations
If the MREC believes a real estate professional has engaged in mortgage fraud, it may file suit in Circuit Court. This could result in a temporary or permanent injunction preventing you from working as a real estate professional, a monetary fine, or both. Legal representation is critical to ensure proper defense against these allegations and protection of your livelihood. Time is extremely important in these cases and you need an attorney who is capable of responding quickly, aggressively, and competently. Contact the Law Offices of Kevin J. Dolley if faced with allegations of mortgage fraud.
Multiple State Licensing Issues
Our attorneys understand the effect disciplinary actions can have on your license, particularly if you are licensed in multiple states. Certain issues can follow you from state to state so it is important to know and evaluate your options.
Criminal Convictions and their Impact on Professional Licenses
When faced with criminal prosecution, special attention must be paid to the impact a judgment or plea agreement will have on your professional license. Certain criminal convictions or guilty pleas, whether felonies or misdemeanors, can result in immediate suspension of your license, while others may result in an administrative complaint. Decisions made during the criminal process, including before charges are filed, can impact your license for the rest of his or her career. If you have been accused of a crime or have recently been convicted or pled guilty, please contact our professional licensing defense attorneys to discuss your options and help protect your professional license.
Real estate professionals whose applications for licensure have been denied by the MREC have the right to appeal under Missouri law. After receiving written notice of denial from the MREC, a licensee may challenge that determination by filing a complaint with the AHC. A trial-type hearing then occurs and the AHC can overturn the MREC’s decision to deny licensure. Legal representation is important during this process in order to ensure the proper procedures are followed and legal standards are met.
If you have been notified of a complaint against your real estate broker, salesperson, broker-salesperson, or appraisers license, it is important that you contact the Law Offices of Kevin J. Dolley to obtain experienced legal counsel to protect your interests, by phone at (314) 645-4100 or by email at email@example.com.