A real estate license is a state-issued document that allows an individual to engage in the business of real estate. A real estate license is required in order to engage in the business of buying, selling, or leasing real property.
A licensed real estate agent or Realtor allows an individual to represent sellers or buyers in the purchase or sale of real property. In order to become licensed, an individual must complete a specific number of hours of coursework and pass an exam.
A state-administered real estate exam tests an applicant’s knowledge of state and federal law related to real estate transactions, as well as local ordinances and customs.
After passing the exam, the new licensee typically must complete a specific number of hours of coursework related to topics such as property management, real estate investments, and contract law.
Some states also require new licensees to complete a period of apprenticeship under the supervision of a licensed agent. A real estate license is valid for a certain period of time, after which the holder must complete additional coursework and/or pass another exam in order to renew the license.
The holder of a real estate license may work for a licensed broker or operate as a self-employed agent. Real estate agents are typically paid on a commission basis by the seller or the owner of a property. In order to maintain licensure, agents must complete continuing education courses on a regular basis.
What Are Real Estate License Disputes?
Real estate license disputes can arise due to a variety of reasons. One of the more common disputes is when two or more real estate agents claim to have the right to sell a property.
This can happen when, for example, two agents are representing the seller of a property or when one agent tries to sell a property that he/she was not authorized to sell.
Disputes may arise between a real estate licensee and a client, or between two or more licensees. Most disputes involve claims of breach of escrow, negligence, misrepresentation, breach of contract, or fraud. Some disputes may also involve claims for injunctive relief to prevent a party from engaging in future conduct that violates the law or the real estate licensing rules.
Real Estate disputes may be resolved through various methods, including negotiation, mediation, and arbitration. If the parties are unable to resolve a dispute through these methods, the matter may be brought before a court of law.
Another common dispute is when an agent accuses another agent of fraud or misrepresentation. This can include, for example, making false statements about a property in order to lure in buyers or sellers.
What Are Some Legal Solutions to Real Estate License Disputes?
It’s important to understand that Realtors are licensed professionals and, as such, should be held to a higher standard of conduct. If you believe that your realtor has violated the terms of your contract or acted in an unethical or unprofessional manner, you may need to take legal action.
Before taking any legal steps, you can try to resolve the dispute amicably. You could reach out to your realtor’s broker or supervisor and explain the situation. If that doesn’t work, you may want to consider filing a complaint with your state’s real estate commission.
Real estate license disputes can be complex and confusing, but there are usually a few straightforward legal solutions available. The best option for resolving a real estate license dispute will depend on the specific facts and circumstances of the case.
Many real estate license disputes can be resolved through negotiation or mediation. If this is not possible or does not produce a resolution, then a lawsuit may be necessary.
Here are a few of the most common legal solutions for real estate license or Realtor disputes:
Alternative Dispute Resolution
Alternative Dispute Resolution (ADR) is a term used to describe several different methods of resolving disputes outside of the traditional court system. These methods can include arbitration, mediation, and negotiation.
Negotiation and Mediation – In many cases, negotiation and mediation can be successful in resolving real estate license disputes without the need for costly and time-consuming litigation. Mediation is a process where a neutral third party helps two or more parties resolve a dispute.
The mediator facilitates communication, provides information, assists with problem-solving, and tries to help the parties reach a mutually acceptable agreement. Unlike litigation, which is adversarial and stressful, mediation is cooperative and can result in win-win solutions for both parties.
Arbitration – Arbitration is another option that can often be less expensive and less time-consuming than going to court. Arbitration is a process where the parties involved in a dispute agree to have an arbitrator hear their case and make a decision.
Arbitration is a legal term meaning that a dispute between two or more parties will be resolved by privately appointed individuals (the arbitrators).
The arbitrators usually have some legal training, but they are not judges. They listen to both sides of the dispute and make a decision that can be binding on the parties involved.
Arbitration is often used in real estate and real estate license disputes. Arbitration can also be used in family law disputes, employment disputes, and other types of cases.
The advantage of arbitration is that it is usually less expensive and faster than going to court. The disadvantage is that the arbitrators may not always make a decision that is favorable to one of the parties involved.
Formal Court Proceedings
If Alternative Dispute Resolution does not resolve your conflict, you can opt to file your grievance with your state’s court system.
Litigation – If the parties are unable to settle a dispute, one can file a lawsuit against the other party. Depending on the amount of monetary damages, cases can be filed in courts ranging from Small Claims Courts to Trial Courts.
If a case is taken to trial, the case will be heard in front of a judge or jury, who will make a final decision on the matter. Generally, trials are quite expensive and time-consuming, so it’s usually only worthwhile if the dispute is particularly important or complex.
Do I Need a Lawyer for Help With a Real Estate License Dispute?
Depending on the type of dispute, if the issue lies with the state real estate licensing authorities, it may be a good idea to discuss your case with a property attorney. There are times when you may need to retain the services of an attorney when a dispute challenges your real estate license.
An attorney can help resolve disputes through informal negotiation or mediation as well as represent you in court.
If you have been accused of unprofessional conduct, or if your license has been revoked or suspended, you will likely need legal representation. An attorney can help you navigate the legal process and protect your rights.
If you are considering filing a lawsuit against another Realtor or If you are in a disagreement with your broker, it is important to speak with an attorney first. A lawyer can help you determine whether or not you have a case and can provide guidance on how to proceed.