Michael L. Feinstein, P.A.

Disciplinary action from the Real Estate Commission

When you started your real estate business, you may have had great plans for your future. You may have aspired to help residents find homes across Florida, deal in commercial property or assist developers in bringing new businesses to the area. Perhaps those goals kept you focused and diligent as you studied and prepared for your licensing exam, and those goals keep you thinking forward.

However, despite your diligence and industry, you are now facing the scrutiny of the local realtor board, and your license is on the line. The suspension or revocation of your real estate license could effectively mean the end of your career and the loss of the fruits of all your hard work. During this challenging time, it will be important to have solid advice and reliable information about your options and rights.

Common ways to place your license in jeopardy

You may have been shocked to learn that the Florida Real Estate Commission was investigating you for a complaint or alleged violation. Unfortunately, this is not uncommon. Not every real estate agent who loses his or her license is performing blatant criminal acts. In fact, some of the most common reasons why agents end up facing disciplinary hearings or even criminal charges include the following:

  • Failing to disclose the condition of a property or misrepresenting the truth about the property's condition, even unintentionally
  • Failing to disclose when you have a relationship with the buyer or seller of a property
  • Comingling a client's money with your personal accounts or generally mishandling a client's deposits that should go into an escrow account
  • Failing to keep careful and accurate financial accounts
  • Being convicted of a crime, even one not related to your work in real estate, such as a drunk driving charge
  • Violating any other laws the state of Florida has enacted for those in your profession

disciplinary hearing in front of a licensing board is different from a trial in a criminal or civil court. The rules may be unique and the outcome unpredictable. You may not have the same right to due process as in a courtroom. This is why it is critical to have legal advice from someone with experience advocating for clients before administrative boards. Such an attorney can assist you in exhausting all your options and thoroughly addressing the legal issues to keep your plans and goals on track.

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