Defending Financial Complaints Before the Missouri Real Estate Commission
Missouri licensed real estate agents and brokers may face complaints related to their financial practices. These complaints can involve voluminous and complicated financial records and require special expertise and resources to defend. If you receive a complaint from the MREC alleging you engaged in improper financial practices, contact the Law Offices of Kevin J. Dolley today.
Defending Real Estate Agents and Brokers Against Financial Complaints
Real estate professionals are entrusted with clients’ money and financial instruments. Missouri law imposes specific accounting and recordkeeping obligations upon real estate agents and brokers who handle client funds. Failure to adhere to the relevant statutes and regulations can lead to a lengthy and costly investigation and potential license discipline. Real estate professionals accused of financial misconduct need representation from a Firm with the resources to locate, review, and understand lengthy financial records and complicated financial transactions. Successful defense of these cases often hinges on the ability to apply Missouri statutes and regulations to complex financial documents. The Law Offices of Kevin J. Dolley has the background, resources, and knowledge needed to successfully defend against financial allegations and protect your license and business.
Missouri Real Estate Commission Standards in Financial Cases
Missouri licensed real estate professionals may receive finance-related complaints for:
- Failure to maintain and deposit in a special account moneys belonging to others;
- Failure to account for or remit others’ money coming into his or her possession;
- Paying a commission in violation of Missouri law; and
- Accepting a commission in violation of Missouri law.
When a complaint is filed with the MREC, it initially proceeds through the investigative process. The MREC requires a written response to the complaint and may ask the licensee to produce records and be interviewed by an investigator. The Law Offices of Kevin J. Dolley will represent you at each stage of the investigation and ensure your rights are protected.
If the complaint proceeds to litigation before the Administrative Hearing Commission (“AHC”), a real estate agent or broker may ultimately have a trial-type hearing in which the Committee must introduce evidence and prove its case. Licensees have the right to see the evidence against them, testify on their own behalf, call witnesses, cross examine the MREC’s witnesses, and present evidence. A successful hearing ends with a finding that the agent or broker is not subject to discipline. If cause for discipline is found, a second hearing is held before the MREC to determine what, if any, discipline is appropriate. The Firm’s attorneys represent clients at both hearings and present mitigating evidence and legal arguments on their behalf. The Firm’s attorneys also counsel and advise clients on settlement agreement terms and the appropriate course of action for each case.
When facing these allegations, Missouri licensed real estate agents and brokers need an advocate who understands the financial requirements imposed by Missouri law. The MREC must meet certain factual and evidentiary standards to prove its case. Complex financial testimony and evidence are frequently involved, and expert witness testimony may be required. A successful defendant often retains legal counsel to develop a full understanding of the underlying facts and the legal standards and procedures involved.
If you are notified that a finance-related complaint has been made against your Missouri real estate agent or broker’s license, contact the Law Offices of Kevin J. Dolley to obtain experienced legal counsel to address the situation by calling (314) 645-4100 or by email at firstname.lastname@example.org.