As a real estate lawyer in San Antonio, Texas, my firm proudly counts among our clients residential real estate brokers, farm and ranch real estate brokers, commercial real estate brokers, professional property managers, salespersons and non-licensed individuals working in the real estate trade. Some of the most common areas of representation are as follows:
Legitimate disputes sometimes arise over which broker was the “procuring cause” of a given sale or lease of real property. In other instances, unscrupulous clients or other real estate professionals purposely seek to avoid paying an earned commission. Sometimes, an unethical broker will refuse to honor a commission split agreement with his or her salesperson, or a broker seeks to enforce a verbal commission agreement.
No matter the circumstances, we represent brokers and salespersons in prosecuting and defending commission disputes, including claims and defenses asserted under Section 1101.806 of the Texas Real Estate License Act (“TRELA”), claims for wrongful interference with client or business relationships, and claims for breach of Listing and/or Buyer’s Representation agreements. We have also handled disputes over commission splits, asserted brokers’ lien rights on commercial property under Texas Property Code Chapter 62, and vindicated the rights of Texas real estate professionals following improper termination of Listing and/or Buyer’s Representation agreements.
In many instances, we are able to pursue earned but unpaid real estate commissions on a contingency basis.
Defense of TREC Complaints – Professional Discipline
Real estate professionals in the State of Texas hold licenses issued by the Texas Real Estate Commission (“TREC”). TREC licensee conduct is regulated and governed by the TRELA located in Chapter 1101 of the Texas Occupations Code. In addition, the TREC maintains a separate set of Rules (located at Title 22, Part 23 of the Texas Administrative Code) that also regulate the business of Texas real estate professionals.
In my practice as a San Antonio real estate lawyer, I routinely defend real estate brokers and salespersons against TREC Complaints. I have defended dozens of TREC complaints, and – sometimes even in the face of seemingly bad circumstances — obtained very favorable results for real estate professionals accused of wrongdoing.
In addition to formulating written responses to TREC complaints, we have presided over TREC Investigator interviews of our clients, attended Complainant and witness statements conducted by TREC, and provided representation at hearings before the TREC-contracted Administrative Law Judges in Austin, Texas.
If you have been notified of a TREC disciplinary complaint or investigation that threatens your professional livelihood, you should contact an experienced real estate lawyer immediately. No matter how serious the allegations, you are entitled to an aggressive defense by an attorney who understands the TREC disciplinary complaint process.
Professional Negligence/Fraud/Malpractice Defense
Although the TRELA is not the sole source of legal duties and/or potential liability by Texas real estate professionals, it serves as a baseline standard of care for evaluating the conduct of agents with regard to their clients, and the general public. In many instances, allegations that ethical standards have been violated are coupled with claims, demands or lawsuits based on alleged professional negligence, malpractice or intentional bad acts (including fraud).
We routinely defend real estate professionals in civil lawsuits arising from allegations of professional negligence, breach of fiduciary duty, fraud and malpractice. We also defend claims based upon alleged violations of the Texas Deceptive Trade Practices Act (“DTPA”) and breach of contract.
If you are a real estate professional who has received a demand/notice letter or has been served with a civil lawsuit, you should contact an experienced real estate lawyer to formulate and present a strong defense.