Kansas and Missouri Professional Licensing Attorney Danielle Sanger Describes Common Real Estate Broker Complaints

Complaints against real estate professionals—agents and brokers—are unfortunately quite common in both Kansas and Missouri. That is easy to understand, as commercial and residential real estate transactions involve tremendous emotion and contain so many complex elements. We also should not lose sight of the fact that, like all professionals, real estate professionals are human beings and that can make mistakes. If something goes wrong during a deal, the realtor frequently gets the blame. I wrote the following blog post to explain the top behaviors for professionals to avoid in the real estate field. I attached both states’ discipline rules for your further review.

If you are a real estate professional in Kansas or Missouri facing an allegation of misconduct or an investigation, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot work your way through alone.

Misrepresentation

If a real estate profession incorrectly represents any material facts—a fact that if known, might have caused a buyer or seller to make a different decision with regards to remaining in a contract, or to the price paid or received—during a transaction, they are at risk of being accused of misrepresentation. Misrepresentation also occurs when a real estate professional omits or fails to disclose a material fact.

Failure to Supervise

Failure to supervise can occur in two different manners. The first type happens when a real estate professional fails to monitor a subordinate’s work. The second type occurs when a real estate office’s broker fails to supervise the office’s license-required transactions adequately.

Unlicensed Activity

As any licensed real estate professional knows, certain aspects of assisting with the purchase and sale of real estate can only be performed by someone with an appropriate real estate license. If a real estate professional is found to have allowed a non-licensed individual to perform work requiring a license, he or she may be subject to discipline.

Violating Trust Funds

Trust fund violations can occur, first, when a real estate professional either comingles client money with his or her funds or, second, when the professional fails to document financial transactions adequately. In commingling, a real estate professional obviously violates professional ethics when he or she takes client funds; however, it is worth noting that it is an ethical problem to simply comingle the funds, even if none are taken.

Criminal Conviction

A criminal conviction, even one unrelated to the practice of real estate, can cause serious licensure issues for a real estate professional.  Any conviction that calls the real estate professional’s ability to be entrusted with substantial amounts of money can mean trouble for his or her license.  Drug convictions, theft and embezzlement convictions, and even DUI can signal danger for a real estate license.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

You have worked too hard to attain your career as a real estate professional. Allegations based on miscommunications, upset buyers and sellers, and competing agents can cost you your livelihood, even if they are not true. You should know the parameters of the profession’s ethical rules but should contact a licensing attorney if you are accused of violating them. Contacting an experienced licensing attorney to help you through the complaint process can mean the difference between getting back to helping your patients and losing your career.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend you. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with professional licensing issues.