Real Estate License Defense

You know it is not time to renew your real estate license when you receive an ominous-looking brown envelope from the North Carolina Real Estate Commission. At the top of the letter inside, in bold black letters, you see “LETTER OF INQUIRY.” Even worse, the letter you receive contains a notice that after completing its initial investigation, the Commission has found probable cause to believe that you have violated North Carolina’s Real Estate License Law and has directed its Legal Division to commence disciplinary proceedings against you. What do you do?

Since 2005, Martin & Gifford, PLLC, has represented real estate agents from all across North Carolina who have faced these same scenarios. In some cases, we get involved at the outset of an investigation and ghost write letters to the Commission’s staff on behalf of our clients to explain why discipline is not warranted. In other cases, we do not participate until after a probable cause determination has been received. In those instances, we prepare our clients for, and accompany them to, a settlement conference with the North Carolina Real Estate Commission’s attorneys. These conferences often result in a negotiated resolution of the entire case. Over the years, we have developed strong working relationships with the Commission’s attorneys.

• In cases where these peremptory attempts to solve the issue are unsuccessful, you may be called to appear in a formal disciplinary hearing. Our attorneys are experienced litigators who will be ready to present the facts of your case, and who have handled the following types of situations:
• Listing agents who allegedly failed to disclose a material fact to a buyer or a buyer’s agent
• Agents and firms who allegedly mishandled funds in their client trust accounts
• Firms that allegedly failed to properly follow Commission guidelines in accounting for the funds in trust accounts
• Property managers who allegedly failed to follow the instructions of their landlord-clients
• Agents who allegedly participated in an improper bid-rigging scheme in connection with the public sales of foreclosed properties.

Whatever your situation, Martin & Gifford’s attorneys can give you honest and candid advice about your case. Before you respond to any letter from the Commission, give our office a call and get the counsel you need to protect your real estate license.