What Happens If a Complaint is Filed Against My Real Estate
License?
If you are notified that a complaint has been filed against you for violations of real estate licensing law, it is
important for you to take this complaint seriously and respond quickly. A complaint can result in a wide range of
penalties, including the suspension or revocation of your real estate license, and a fine of up to $5,000 per count.
Q: What happens when a complaint is filed against me with the Department
of Business and Professional Regulation (DBPR)?
A: Once a complaint has been filed with the DBPR, it is assigned to a complaint analyst for review to determine if
there is a potential violation of real estate licensing law. If the analyst concludes there is no violation, no action will
be taken. However, if the analyst concludes that there is a potential violation of real estate licensing law, the
complaint will be assigned to an investigator. The investigator can conduct interviews and gather additional
evidence. You are entitled to a copy of the complaint, and you may submit a written response to the information
contained in the complaint within 20 days from the date of service.
When the investigation is complete, the investigator will turn over the file to the Division of Real Estate’s legal
department. The case is then assigned to an attorney. The attorney will review the investigator’s report and
determine if there is legal sufficiency for a formal administrative complaint. If so, the attorney will draft a proposed
administrative complaint and present this to the probable cause panel along with a copy of the report. If you
submitted a written response, it will be presented to and considered by the probable cause panel.
Q: What action can be taken by the probable cause panel?
A: The probable cause panel has three options. First, it can dismiss the complaint, which would result in the
complaint remaining confidential. Second, in lieu of finding probable cause, the probable cause panel can issue a
letter of guidance, which is a written reprimand. A letter of guidance is used for minor violations and is also kept
confidential. Finally, the probable cause panel can approve the filing of the proposed administrative complaint
alleging violations of the law. This will become public 10 days after probable cause is found.
Q: What are my options if the administrative complaint is filed?
A: Once the administrative complaint is filed, you will have 21 days to respond. If you do not respond to the
administrative complaint, all facts alleged will be considered true, and a hearing before the Florida Real Estate
Commission (FREC) will be scheduled. However, if you respond without disputing the facts, an informal hearing
before the FREC will be scheduled. In an informal hearing, you have the opportunity to present mitigating
information, explain your situation, and provide legal arguments, but you cannot dispute the facts alleged in the
administrative complaint. Any disciplinary action taken during these hearings will be made public.
If you dispute material facts, you can request a formal hearing before an administrative law judge. In a formal
hearing, the State will have the burden of proving the facts by clear and convincing evidence. After the hearing, the
administrative law judge will issue a Recommended Order, which the FREC must approve. Either party may object
to the findings of facts or conclusions of law contained within the Recommended Oder by timely filing Exceptions
to the Recommended Order. After the FREC considers the Exceptions, it will determine whether to accept the
Recommended Order or modify the recommendation. The FREC will then issue a Final Order. You have 30 days
from the date of the Final Order to file an appeal with the 5th District Court of Appeal.
It is also possible that the attorney for the Division of Real Estate is willing to negotiate a stipulation agreement. A
stipulation agreement is a negotiated settlement of the matter. You may be able to negotiate that some counts in the
administrative complaint be dropped. The discipline can also be negotiated. The FREC must approve the
stipulation agreement. If the FREC does not agree with the stipulation agreement, it will deny the stipulation
agreement or propose different terms. A stipulation agreement will be made public.
Q: Should I hire an attorney?
A: An administrative complaint can have a significant negative effect on your real estate license and your wallet. If
you are found to have violated real estate licensing law, your real estate license could be suspended, or even
revoked. Additionally, you could be fined up to $5,000 per count. An attorney may be able to resolve the complaint
before it becomes public or reduce the impact of the complaint. Therefore, we recommend consulting with an
attorney who has experience successfully handling complaints submitted to the FREC.