A step-by-step guide to the complaint process, including time limitations, fines and being a witness.
Here are several resources to help you understand what filing and processing an ethics complaint and arbitration request entail, and the general process you can expect when filing an ethics complaint or arbitration request with a local association of Realtors.
All complaints to the Florida Real Estate Commission (FREC) must be in writing. You may write and mail a letter , or you can use the Uniform Complaint Form created by the Department of Busin ess and Professional Regulation (DBPR) , a vailable for download here.
Once a complaint is filed, DBPR determines whether or not the allegations in the complaint would, if true, consti tute a violation of Section s 475 or 455 of the Florida Statutes or of FREC rules .
If DBPR determines they would constitute a violation, it will initiate an investigation. DBP R will notify the licensee or his or her attorney by promptly providing a copy of the complaint or other documents that prompted the decision to investigate.
The maximum administrative fine that FREC may impose is $5,000 for each count or separate offense. (Section 475.25(1), Florida Statutes)
If a formal administrative complaint is filed with the FREC or DBPR against a sales associate, the associate’s broker will be notified about the complaint in writing. The notification will not be sent until 10 days after the finding of probable cause by the Probable Cause Panel or DBPR or until the sales associate waives his or her privilege of confidentiality, whichever occurs first. ( Section 475.25(6), Florida Statutes )
The DBPR will also notify the person who filed the complaint of the status of the investigation, whether probable cause was found, and the status of any administrative proceeding or appeal. (Section 455.225(9), Florida Statutes)
A buyer or seller has five years to file an administrative complaint against a broker or broker associate. That is, five years after the act occurs (a sale, for example) or after the act is discovered or should have been discovered with the ex ercise of due diligence. (Section 475.25(5), Florida Statutes)
If a FREC investigator interview s a sales associate as a witness to a transaction that resulted in a complaint , that sales associate cannot be sued because he/she is granted a p rivilege against civil liability unless the witness acted in bad faith or with malice in providing such information. ( Section 455.225(11), Florida Statutes )