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The TREC Complaint Form is an essential tool for individuals seeking to address grievances related to various real estate professions and services in Texas. Designed for transparency and efficiency, this form serves as a formal avenue for complaints against real estate brokers, sales agents, inspectors, and more. The Texas Real Estate Commission (TREC) emphasizes that its authority is limited to disciplinary actions against those regulated under its programs. It cannot offer private legal advice, nor can it act as a personal attorney. If you are looking to recover damages or need legal guidance, consulting a private attorney is advised. Importantly, you do not need to file a complaint with TREC in order to pursue a civil lawsuit or to seek funds from recovery accounts. While TREC investigates complaints ranging from unlicensed activities to residential service companies, there are specific areas it does not cover, including mortgage companies or disputes older than four years. Completing the entire Complaint Form is crucial, as is submitting legible copies of relevant documentation, which will support your case. Incomplete forms cannot be processed. Once submitted, the complaint will be acknowledged, and the investigation process will begin if warranted. Throughout this process, individuals can rest assured that their concerns will be treated seriously, with potential disciplinary actions including formal reprimands or license suspension based on the findings of the investigation.

Trec Complaint Example

Standards & Enforcement Services P.O. Box 12188

Austin, TX 78711-2188

512-936-3005 Fax: 512-936-3809 www.trec.texas.gov

via email: enforcement@trec.texas.gov

COMPLAINT INSTRUCTIONS

The Commission's authority is limited to taking disciplinary action against those regulated under its programs. Texas law prohibits the Commission from giving private legal advice or opinions or acting as your personal attorney. The Commission does not generally have authority to require a license holder to pay damages to another person. If you need legal advice or want to recover money, please contact a private attorney. It is unnecessary to file a complaint with the Commission to proceed with a civil suit or file for recovery from the Real Estate Recovery Trust Account or the Real Estate Inspection Recovery Fund.

Complaints the Commission investigates:

real estate brokers and sales agents

real estate inspectors

approved education providers and instructors

residential service companies

timeshare plans

unlicensed activity

easement/right-of-way agents

those four years old or LESS

Complaints the Commission DOES NOT investigate:

mortgage companies

new home builders

title companies

sellers or buyers who are not also licensed

commission or other disputes between license holders

those MORE than four years old

anything not within the Commission's jurisdiction

To file a complaint, complete ALL SECTIONS of the Complaint Form AND provide COMPLETE and LEGIBLE copies of all relevant documentation. Relevant documentation may include:

Sales contract (front and back) - all pages and all accompanying forms and attachments

Lease/rental agreement (front and back)

Listing/management agreement (front and back)

Disclosure statements (e.g. Information about Brokerage Services, Intermediary Relationship Notice, Seller's Disclosure Notice)

Closing statement (HUD 1) or Closing Disclosure form (TRID - TILA-RESPA Integrated Disclosure)

Multiple listing service (MLS) printout

Appraisals

Inspection report

Photographs

Advertising

Repair bills

Receipts

Canceled checks (front and back)

Monthly statements

Correspondence, including demand letters and e-mails

Judgment/civil lawsuit documents (e.g. original petition, settlement documents)

Other (describe)

DO NOT SEND ORIGINAL DOCUMENTS WITH COMPLAINT--SEND COPIES ONLY.

TEXAS LAW PROVIDES THAT COMPLAINTS CANNOT BE ACCEPTED OR PROCESSED IF NOT SIGNED.

Mail, fax, or email your complaint to TREC at the address listed on the complaint form. You will be notified that your complaint has been received. If an investigation is opened, each person against whom the complaint is filed will receive a copy of the complaint. After the investigation is concluded, the information obtained will be reviewed to determine whether there is sufficient evidence to take disciplinary action for a violation of the applicable statute or the Commission's rules. Disciplinary action could include a formal reprimand, the suspension or revocation of a license, payment of an administrative penalty, or other appropriate action. Investigations and the disciplinary process differ in complexity and duration, so providing a time of completion is not possible.

TREC Complaint Form (03-06-2017)

INSTRUCTIONS

 

Standards & Enforcement Services P.O. Box 12188

Austin, TX 78711-2188

512-936-3005 Fax: 512-936-3809 www.trec.texas.gov

via email: enforcement@trec.texas.gov

Instrucciones

La autoridad de la Comisión es limitada a tomar acción disciplinaria contra esos regulados bajo sus programas. La ley de Tejas prohíbe la Comisión de dar asesoramiento jurídico u opiniones privados o actuando como su abogado personal. La Comisión iene generalmente autoridad para requerir a un concesionario a pagar daños a otra persona. Si usted necesita asesoramiento jurídico o quiere recuperar dinero, contacta por favor a un abogado privado. No es necesario para archivar una queja con la Comisión para continuar con un juicio ni el archivo civil para la recuperación de la Cuenta de Confianza de Recuperación de Bienes Raíces ni el Fondo de Recuperación de Inspección de Bienes Raíces.

Quejas que la Comisión investiga:

corredores de bienes raíces y agente de ventas

inspectores de bienes raíces

aprobó proveedores de educación y a instructores

las compañías residenciales del servicio

planes de multipropiedad

actividad no autorizada

servidumbre/derecho de via agente

esos de cuatro años de edad o MENOS

Quejas que la Comisión no investiga:

sociedades hipotecarias

nuevos constructores de hogar

las compañías de título

vendedores ni compradores que no también es licenciado

comisión ni otras disputas entre concesionarios

esos de más de cuatro años de edad

cualquier cosa que no es competencia de la Comisión

Para archivar una queja, completar TODAS SECCIONES de la Forma de Queja Y proporcionar copias COMPLETAS y LEGIBLES de toda documentación pertinente. La documentación pertinente puede incluir:

Las ventas contratan (frente y atrás) - todas páginas y todas formas y acuerdo adjuntas de Arrendamiento/Renta de fijaciones (frente y atrás)

acuerdo de Listando/Gestión (frente y atrás)

las declaraciones de Revelación (por ejemplo Información sobre Servicios de Correduría, Nota Intermedia de Relación, Nota de Revelación de Vendedor)

Cerrando la declaración (HUD 1) o forma de declaración de cierre (TRID - TILA-RESPA Integrated Disclosure)

Múltiplo que lista el servicio (ML) impresión del contenido de la memoria

El informe de la Inspección de evaluaciones

Fotografías Anunciando

cuentas de Reparación

Recibos

Canceló talones (frente y atrás)

estados de plazo mensual

Correspondencia, inclusive cartas de demanda y emails

documentos Juicio/Civiles de pleito (petición por ejemplo original, documentos de arreglo)

Otro (describir)

NO ENVIE DOCUMENTOS ORIGINALES CON QUEJA -- ENVIA COPIAS SOLO.

LA LEY DE TEJAS PROPORCIONA QUE QUEJAS NO PUEDEN SER ACEPTADAS NI PUEDEN SER PROCESADAS SI NO SON FIRMADO.

Por favor, envíe por correo, fax o correo electrónico su queja a TREC a la dirección que aparece en el formulario de queja. Se le notificará que su queja ha sido recibida. Si se abre una investigación, cada persona contra la cual se presenta la queja recibirá una copia de la queja. Una vez concluida la investigación, la información obtenida determinará si existen pruebas suficientes para tomar medidas disciplinarias por una violación a estatutos aplicables o reglas de la Comisión. La acción disciplinaria podría incluir una reprimenda formal, suspensión o revocación de licencia, pago de una sanción administrativa u otra acción apropiada. Las investigaciones y el proceso disciplinario difieren en complejidad y duración, por lo que no es posible proporcionar un tiempo de finalización.

TREC Complaint Form (03-06-2017)

INSTRUCCIONES

Standards & Enforcement Services P.O. Box 12188

Austin, TX 78711-2188

512-936-3005 Fax: 512-936-3809 www.trec.texas.gov

via email: enforcement@trec.texas.gov

NOTE: You may type information into this form and it will display, but you will need to print, sign and mail the form along with copies of documents to TREC when completed. Information entered into this form can only be saved if you are able to print and save the form as a PDF.

COMPLAINT FORM

IF COMPLETING BY HAND, PLEASE PRINT OR TYPE WITH BLACK OR BLUE INK I WISH TO FILE A COMPLAINT AGAINST: (check all that apply)

Real estate broker or sales agent

Unlicensed activity

Timeshare plan

Inspector

Residential service (home

Approved education provider or instructor

Easement/Right-of-Way Agent

warranty) company

 

 

 

MY CONTACT INFORMATION:

Name:

Address:

City:

 

 

 

State:

 

 

Zip:

 

 

Email Address:

 

 

 

 

 

 

 

 

 

Phone Numbers:

Work:

 

 

 

Home:

 

 

Cell:

 

 

 

Fax:

 

 

 

 

 

 

 

 

INFORMATION CONCERNING THE PERSON OR COMPANY AGAINST WHOM YOU ARE COMPLAINING:

Person's Name:

Company Name:

Physical Address:

City:

 

State:

 

Zip:

Phone Number(s):

License Number or Registration Number (if known):

HAVE YOU FILED A COMPLAINT AGAINST THIS PERSON OR COMPANY WITH ANOTHER AGENCY? YES NO IF YES, WHICH AGENCY?

WHAT ACTION HAS BEEN TAKEN BY THE OTHER AGENCY?

TREC Complaint Form (03-06-2017)

Page 1 of 3

DATE(S) OF TRANSACTION:

COMPLAINT DETAIL: List the facts of your complaint in the order of their occurrence, starting with the earliest date and working forward. Attach additional sheets as needed.

HAVE YOU PREVIOUSLY NOTIFIED THE PERSON OR COMPANY ABOUT YOUR COMPLAINT? YES

HOW DID YOU NOTIFY THEM?

WRITTEN (attach copies)

ORAL (detail each contact)

 

 

WHAT WAS THE RESPONSE?

 

 

NO

PLEASE LIST THE NAME(S), ADDRESS(ES), AND PHONE NUMBERS(S) OF ANY WITNESS(ES) WHO HAVE INFORMATION CONCERNING THE SUBJECT MATTER OF YOUR COMPLAINT:

TREC Complaint Form (03-06-2017)

Page 2 of 3

RELEVANT DOCUMENTATION CHECKLIST: (check all that are enclosed)

Sales contract (front and back)-all pages an all accompanying forms and attachments

Lease/rental agreement (front and back)

Listing/managment agreement(front and back)

Disclosure statement(s) (e.g. Information about Brokerage Services, Intermediary Relationship Notice, Seller's Disclosure Notice)

Closing statement (HUD 1) or Closing Disclosure form (TRID - TILA-RESPA Integrated Disclosure)

Multiple listing service (MLS) printout(s)

Appraisal(s)

Inspection report(s)

Photograph(s)

Advertising

Repair bill(s)

Receipt(s)

Canceled check(s) (front and back)

Monthly statement(s)

Correspondence, including demand letter(s) and e-mail(s)

Judgment/civil lawsuit document(s) (e.g. original petition, settlement document(s))

Other (describe):

SIGNATURE BLOCK

I certify that the information contained here and all enclosed documents are true and correct to the best of my knowledge.

I understand that a copy of my complaint is available to the person or company against whom it is filed and that I may be required to testify at a hearing.

I understand that a copy of my complaint and accompanying documentation is subject to public inspection.

I understand that neither the Texas Real Estate Commission nor any of its officers or employees can act or will act as my legal representative or attorney at anytime, and that I am encouraged to retain separate legal counsel.

Signature

Date

PRIVACY NOTICE

In accordance with Chapter 559, Government Code, the following notice about certain information laws and practices is given.

(1)With few exceptions, an individual is entitled on request to be informed about the information that a state governmental body collects about the individual.

(2)Under Sections 552.021 and 552.023 of the Government Code, the individual is entitled to receive and review the information.

(3)Under Section 559.004 of the Government Code, the individual is entitled to have the governmental body correct information about the individual that is incorrect.

TREC Complaint Form (03-06-2017)

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Form Characteristics

Fact Name Description
Authority Scope The Texas Real Estate Commission (TREC) can only take disciplinary action against regulated individuals, such as real estate brokers, agents, and inspectors.
Legal Advice Limitation TREC cannot provide private legal advice. Anyone seeking legal counsel must retain a private attorney.
Complaint Processing Time Timeframes for investigations vary widely and cannot be predicted. Factors influencing duration include the complexity of each case.
Documentation Requirement All sections of the Complaint Form must be completed. It is crucial to submit legible copies of relevant documentation; originals should not be sent.
Jurisdiction Limitations TREC does not investigate disputes older than four years, nor does it handle mortgage, title, or new home builder complaints.
Registration Details The latest version of the complaint form is dated March 6, 2017. Ensure you are using the current form to avoid processing delays.
Confidentiality Note Complaints and accompanying documents are public records, and the subject of a complaint will receive a copy of the filed complaint.

Guidelines on Utilizing Trec Complaint

Filing a complaint with the Texas Real Estate Commission (TREC) requires careful completion of the TREC Complaint Form. After submitting the form, TREC will review your submission and determine the appropriate course of action based on their regulations. Here are the steps for filling out the form correctly.

  1. Obtain the TREC Complaint Form from the official TREC website or via email.
  2. Determine whom you are filing the complaint against. Check the appropriate box for real estate brokers, sales agents, unlicensed activity, or other relevant parties.
  3. Fill in your contact information, including your name, address, email address, and phone numbers.
  4. Provide detailed information about the person or company you are complaining about, including their name, physical address, and license number if known.
  5. Indicate whether you have filed a complaint against this person or company with other agencies. If yes, provide the name of the agency and any actions taken.
  6. List the dates of the relevant transactions related to your complaint.
  7. Detail the facts of your complaint in chronological order, starting with the earliest event. Use additional paper if necessary.
  8. State whether you have previously notified the involved party about your complaint and describe how you did so, along with their response.
  9. List any witnesses who may have relevant information related to your complaint, including their names, addresses, and phone numbers.
  10. Check the box next to all relevant documentation you are including with your complaint, ensuring you provide copies—not originals.
  11. Sign and date the form. Ensure that all provided information is accurate and true to the best of your knowledge.
  12. Mail, fax, or email the completed form along with the documentation to TREC at the provided address.

What You Should Know About This Form

What is the TREC Complaint Form?

The TREC Complaint Form is a document for individuals to formally file complaints against regulated entities such as real estate brokers, sales agents, inspectors, and education providers. It allows you to report violations of Texas real estate laws or rules enforced by the Texas Real Estate Commission (TREC).

Who can I file a complaint against?

You can specifically file a complaint against real estate brokers, sales agents, inspectors, approved education providers, residential service companies, timeshare plans, and agents involved in unlicensed activity. Complaints are accepted only for incidents that occurred within the last four years.

What types of issues does TREC investigate?

TREC investigates complaints related to misconduct or violations concerning the conduct of real estate professionals. This includes issues such as failure to comply with real estate laws, fraud, misrepresentation, and unlicensed activity.

What will TREC NOT investigate?

TREC does not have the authority to investigate complaints against mortgage companies, title companies, or new home builders. They also do not handle disputes between commission holders or any complaints filed more than four years after the incident.

How do I file a complaint?

To file a complaint, complete all sections of the TREC Complaint Form. Be sure to include complete and legible copies of all relevant documents, such as contracts, agreements, and any correspondence related to your complaint. Do not send original documents. You can submit your complaint by mail, fax, or email as specified on the form.

What happens after I file a complaint?

Once your complaint is received, TREC will confirm its acceptance. If an investigation is initiated, the individual against whom the complaint is filed will also receive a copy. TREC will review the information provided to determine the sufficiency of evidence for any disciplinary action. The outcomes may include a reprimand, suspension, revocation of a license, or other penalties.

Is there a time limit for filing a complaint?

Yes, complaints must relate to incidents that occurred within the last four years. Complaints regarding events older than four years will not be accepted.

Can I receive legal advice from TREC?

No, TREC cannot provide private legal advice or represent you in legal matters. If you need legal counsel or wish to seek damages, you should consult with a private attorney.

Common mistakes

Filing a complaint with the Texas Real Estate Commission (TREC) is a critical step for individuals seeking resolution for issues related to real estate transactions. However, there are several common mistakes that individuals often make when completing the TREC Complaint Form, which can hinder their attempts to seek justice. Understanding these errors can make a significant difference in the outcome of your complaint.

One frequent oversight is failing to provide all sections of the form. Each part of the complaint form must be completed fully for it to be accepted. Incomplete forms may be returned or dismissed, causing unnecessary delays in your case. Taking the time to carefully read and fill in every section will ensure that your submission is processed without issues.

Another common error occurs when individuals neglect to include relevant documentation. Supporting documents bolster your complaint and provide context for the allegations. This could include sales contracts, correspondence, or repair bills. Without these, the TREC may struggle to understand the situation, which could lead to the dismissal of your complaint.

Additionally, many people do not realize the importance of legibility. If the form is filled out by hand, it should be written clearly in black or blue ink. Illegible handwriting may result in misunderstandings or misinterpretations of the information provided, negatively affecting the outcome of the complaint.

Furthermore, several individuals incorrectly assume they can send in original documents rather than copies. It is crucial to only submit copies of documents, as original paperwork should never be sent with the complaint. This mistake can lead to the loss of valuable evidence, which could impact the complaint’s effectiveness.

A fifth mistake concerns the signature requirement. Texas law mandates that a complaint cannot be accepted without a signature. Many individuals overlook this detail, thinking that their complaint is complete without it. This small step is crucial for ensuring that the complaint is valid and can be acted upon by TREC.

Another area of confusion relates to the jurisdiction of the TREC. Some individuals file complaints about parties or issues that fall outside TREC's authority, such as mortgage companies or civil disputes between license holders. Understanding what TREC can and cannot investigate will save you time and effort, allowing you to direct your complaint to the correct agency when necessary.

Lastly, people sometimes forget to include a follow-up on previous notifications to the accused party. Indicating whether you have previously raised your concerns and how the other party responded can provide valuable context to your complaint. This information helps the TREC understand the situation better and gauge whether further action may be necessary.

By being aware of these common mistakes when completing the TREC Complaint Form, individuals can enhance their chances of having their complaints processed efficiently and effectively. Taking extra care in this process not only can lead to a quicker resolution but also provides peace of mind during what can often be a stressful experience.

Documents used along the form

The TREC Complaint Form is an essential tool for filing complaints against various regulated entities in Texas. Alongside the complaint form, several other documents are commonly required to fully support the complaint. Below is a list of these documents, along with brief descriptions of each.

  • Sales Contract: This includes all pages and attachments relevant to the sale, providing the primary details of the transaction.
  • Lease/Rental Agreement: A document outlining the terms and conditions of leasing a property, including obligations of both landlord and tenant.
  • Disclosure Statements: These documents inform parties about important facts related to the transaction, such as potential risks or conflicts of interest.
  • Closing Statement: A record of the financial details related to the closing of a real estate transaction, including the distribution of funds.
  • Inspection Report: An evaluation of a property's condition, completed by a licensed inspector, highlighting important findings.
  • Photographs: Visual evidence of property conditions or issues that may be relevant to the complaint.
  • Judgment/Civil Lawsuit Documents: This may include original petitions or settlement documents that can indicate prior legal actions related to the complaint.

Submitting these documents along with the TREC Complaint Form increases the chances of a thorough investigation and proper resolution of the complaint. It is crucial to ensure that all documents are relevant and legible when submitting to TREC.

Similar forms

The Trec Complaint form shares similarities with several other documents in terms of purpose and structure. Here are six documents that are comparable:

  • Consumer Complaint Form: This document allows individuals to report grievances against businesses or services, just like the Trec Complaint form. Both require detailed information about the complainant, the involved parties, and the issue at hand.
  • Incident Report Form: Similar to the Trec Complaint form, an incident report documents specific events, including the parties involved and any evidence. Both forms collect factual details to support investigations.
  • Disciplinary Action Request Form: This type of document requests formal evaluation of licensed professionals, akin to lodging a complaint against a real estate agent or broker. It outlines specific violations that warrant review and potential action.
  • Grievance Statement: This form captures a person’s concerns or dissatisfaction related to services received. The format mirrors that of the Trec Complaint form with spaces for detailed complaints and evidence to support claims.
  • Legal Claim Submission: Much like the Trec form, a legal claim submission provides a structured way to present grievances related to contractual issues or breaches. Both documents require thorough documentation in support of the claims made.
  • Warranty Claim Form: This form requests service or compensation for defective products, paralleling the Trec Complaint form's intent to seek resolution for issues in real estate transactions. Both forms necessitate evidence and clear outlining of the complaint.

Understanding these similarities can provide clarity when engaging with the complaint process, ensuring that individuals are equipped to articulate their concerns effectively.

Dos and Don'ts

When filling out the TREC Complaint Form, it’s essential to follow specific guidelines to ensure your complaint is processed efficiently. Here’s a list of what to do and what to avoid:

  • Do: Complete all sections of the complaint form.
  • Do: Ensure all documentation is clear and legible.
  • Do: Include relevant dates and details about the transactions.
  • Do: Notify the person or company of your complaint before filing.
  • Do: Keep copies of everything you send for your records.
  • Don’t: Send original documents; only send copies.
  • Don’t: Submit your complaint without a signature.
  • Don’t: Include issues that fall outside of TREC’s authority.
  • Don’t: Forget to check the list of what TREC investigates before filing.
  • Don’t: Expect TREC to act as your personal attorney or provide legal advice.

Misconceptions

Misconceptions about the TREC Complaint form can lead to unnecessary frustration. Here are five common misunderstandings:

  • The TREC can provide legal advice. Many believe they can seek legal opinions from the Texas Real Estate Commission (TREC). This is not true. The TREC does not provide private legal advice and cannot act as your attorney.
  • The TREC can award damages to complainants. It's a common myth that filing a complaint will result in compensation for damages. However, TREC does not have the authority to mandate payment of damages to individuals.
  • A complaint must be filed to pursue civil action. Some individuals think filing a complaint with TREC is necessary before taking legal action. This is incorrect. You can file a civil suit or seek recovery from trusts without involving TREC.
  • The TREC investigates all complaints. Not all complaints fall under TREC’s jurisdiction. They specifically investigate certain types of complaints, such as those against licensed real estate agents, but exclude mortgage companies and disputes over commissions.
  • Original documents need to be submitted with the complaint. There's a misguided belief that original documentation is required. You must only send copies with your complaint. Sending originals will delay the process.

Key takeaways

Filing a complaint with the Texas Real Estate Commission (TREC) can feel overwhelming, but understanding the process can help you navigate it seamlessly. Here are some key takeaways to keep in mind:

  • The TREC Complaint Form must be completely filled out and signed. Complaints cannot be processed if they are unsigned.
  • Provide clear and complete copies of all relevant documents related to your complaint. Do not send original documents.
  • Include all necessary documentation, such as sales contracts, inspection reports, and correspondence. These support your case.
  • The commission investigates complaints against licensed individuals like real estate agents, inspectors, and approved education providers. They do not handle disputes involving mortgage companies or new home builders.
  • Be aware that the TREC can’t give you private legal advice or help recover monetary damages. If you need legal assistance, consider contacting a private attorney.
  • When filing, mail, fax, or email your complaint to TREC. You will receive a notification confirming that your complaint has been received.
  • If an investigation occurs, the complaint will be shared with the person or entity you’re complaining about. They will have the opportunity to respond.
  • The investigation process may take time, and TREC cannot guarantee how long it will take to reach a conclusion.
  • Possible outcomes of the complaint process include disciplinary actions such as reprimands, license suspensions, or revocations—if sufficient evidence is found.

Understanding these aspects can help you prepare a compelling complaint, contributing to a smoother process with TREC.