How to File a TREC Complaint Against a Realtor in Texas

To file a TREC complaint against a Realtor in Texas, send a signed written complaint with supporting documents to the Texas Real Estate Commission by email, fax, mail, or hand delivery. There is no filing fee, but the complaint must be filed within four years of the incident, and TREC will not accept it anonymously.1Texas Real Estate Commission. TREC Complaint Overview2Texas Public Law. Texas Occupations Code 1101 – Section 1101.204

What TREC Will and Won’t Investigate

TREC has authority over conduct that violates the Real Estate License Act or TREC rules. The grounds that commonly lead to disciplinary action include:

  • Fraud or misrepresentation about a property’s condition, value, or features, or dishonest conduct during a sale, purchase, or lease
  • Failure to disclose material information a buyer or seller is entitled to know, or failing to present all offers to the seller
  • Commingling client trust money with personal or business funds, or failing to account for money received on a client’s behalf
  • Acting as a broker or agent without a proper license, or continuing to practice after a license has expired or been suspended
  • A felony conviction or a conviction for any crime involving fraud
  • Refusing to produce contracts, inspection reports, or other transaction records when the owner requests them

Complaints about poor communication, personality conflicts, or dissatisfaction with a sale price reached through a legitimate process usually get dismissed. So do disputes with unlicensed people, title companies, or mortgage lenders, since those fall outside TREC’s jurisdiction.1Texas Real Estate Commission. TREC Complaint Overview

What to Gather Before You File

Identify the License Holder

Confirm the full legal name and license number of the agent or broker you’re filing against using TREC’s License Holder Search.3Texas Real Estate Commission. License Holder Search Note whether the person holds a sales agent or broker license, and if it’s a sales agent, identify the supervising broker. A complaint filed against the wrong person or with the wrong license number just creates delay.

Collect Your Documents

Your account of events alone won’t trigger an investigation. TREC needs written evidence. Pull together copies of:

  • Signed contracts, listing agreements, and buyer representation agreements
  • Closing statements and the TILA/RESPA Integrated Disclosure
  • Inspection reports
  • Emails, text messages, and any other written correspondence with the agent
  • MLS printouts showing how the property was listed
  • Names and contact information for any witnesses

Send copies, not originals, and put everything in chronological order so the investigator can follow the timeline without piecing it together. If a key document isn’t available, explain why in the complaint itself.4Texas Real Estate Commission. How to File a Complaint

Write the Complaint

TREC provides a complaint form, though any signed, written complaint will be accepted. Using the form helps you avoid leaving out required information. You must include your name and contact information; anonymous complaints are not accepted.1Texas Real Estate Commission. TREC Complaint Overview2Texas Public Law. Texas Occupations Code 1101 – Section 1101.204

Write a factual narrative. Stick to specific actions and dates rather than characterizations of the agent. If the agent made a verbal promise at the closing table, say so and name the title company employee or anyone else who witnessed it.4Texas Real Estate Commission. How to File a Complaint The complaints that advance are the ones that lay out concrete facts an investigator can verify.

How to Submit the Complaint

TREC accepts complaints four ways, all free:

  • Email: enforcement@trec.texas.gov
  • Fax: 512-936-3809
  • Mail: Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188
  • Hand delivery: Texas Real Estate Commission, Stephen F. Austin Building, 1700 N. Congress Ave., Suite 400, Austin, TX 78701

Every submission has to be signed. Unsigned complaints get returned with a request to sign and resubmit. If you file by email, scan or photograph the signed complaint and attach it with your supporting documents. Once TREC has a properly signed complaint, you’ll receive an email acknowledgment and a case number for tracking.1Texas Real Estate Commission. TREC Complaint Overview

What Happens After You File

Initial Review and the 14-Day Rule

TREC first checks whether the allegations fall within its jurisdiction. If they don’t, the case is closed without investigation. If they do, and there is reasonable cause to believe the License Act was violated, a formal investigation opens. Expect an update within 30 days of filing.1Texas Real Estate Commission. TREC Complaint Overview

Watch your email. If staff request additional information from you, you have 14 days to provide it. Miss that window and the commission takes no further action on your complaint. This is where complaints quietly die.1Texas Real Estate Commission. TREC Complaint Overview

The Investigation

Once the investigation opens, the license holder receives a copy of your complaint and has 10 business days to submit a written response. Something many complainants don’t realize: the investigation isn’t limited to the specific allegations you raised. If the investigator uncovers other violations while reviewing the agent’s records, those can be pursued too.1Texas Real Estate Commission. TREC Complaint Overview

Investigations can take several months. During that time, the investigator may interview witnesses, request records from title companies or lenders, and review financial documents.

How the Case Ends

When the investigation concludes, one of three things happens:

  • Dismissal, if no violation occurred, evidence is insufficient, or the matter fell outside TREC’s jurisdiction.
  • An advisory letter, used for minor or technical violations. The letter goes into the license holder’s file and stays there for 10 years. It’s informal discipline, and it doesn’t appear on the public record as a formal action, but it puts the agent on notice.
  • Formal disciplinary action, when the evidence proves a violation. This can be a reprimand, license suspension, license revocation, administrative penalties, or a combination.

TREC can dismiss a complaint at any point if it determines the case lacks merit.2Texas Public Law. Texas Occupations Code 1101 – Section 1101.204

What TREC Can Do to the Agent

Administrative penalties cap at $5,000 per violation, and each day a violation continues counts as a separate violation.5State of Texas. Texas Occupations Code 1101 – Section 1101.702 Beyond fines, the commission can issue a reprimand, suspend a license (sometimes with probation conditions), or revoke it outright.6Texas Real Estate Commission. Texas Real Estate Commission – Notice of Alleged Violation Cases involving fraud, misrepresentation, or a pattern of violations are the ones most likely to end in suspension or revocation.

Formal disciplinary actions become part of the public record. Anyone can look up a license holder’s disciplinary history through TREC’s License Holder Search.7Texas Real Estate Commission. A Simpler Way to Find a License Holders Disciplinary Actions

Getting Your Money Back Is a Separate Process

A TREC complaint can get an agent disciplined, but it won’t put money in your pocket. For that, Texas maintains a Real Estate Recovery Trust Account. Payments cannot exceed $125,000 per transaction or $250,000 total against any single license holder.8Texas Real Estate Commission. Information Regarding Recovery Fund

Tapping the fund is a multi-step process. You must:

  • Sue the license holder in civil court within two years of the incident and win a final judgment finding conduct that violates the grounds for license suspension or revocation.
  • File an Abstract of Judgment with the county clerk after winning, obtain a Writ of Execution, and have the sheriff return the writ “nulla bona” — meaning the defendant has no collectible assets.
  • File an Application for Order Directing Payment from the Trust Account in the same court that issued the judgment, with copies to TREC, within two years of that judgment.

The fund covers actual damages only. Attorney fees, court costs, and punitive damages are excluded. If you’re considering an agreed judgment, submit it to TREC for review before the judge signs it; agreed judgments that weren’t pre-approved may not qualify for reimbursement.9Texas Real Estate Research Center. Fund of Last Resort

Other Places You Can Complain

NAR Ethics Complaint

“Realtor” specifically means a member of the National Association of Realtors, who agrees to a Code of Ethics that goes beyond state licensing requirements. If your agent is a Realtor, you can file an ethics complaint with the local association where the agent holds membership or participates in the MLS.10National Association of Realtors. Ethics Complaints, Arbitration Requests, and Related Information Contact the local board for the required forms. Outcomes can include fines, required education, suspension, or expulsion from the association. This process is separate from TREC, and you can pursue both at the same time. Some local boards also run an ombudsman program that tries to resolve disputes informally before a formal hearing.

HUD Housing Discrimination Complaint

If the conduct involves discrimination based on race, color, national origin, religion, sex, familial status, or disability, the federal Fair Housing Act is a separate route. File through the U.S. Department of Housing and Urban Development at hud.gov or by calling 1-800-669-9777. The federal deadline is one year from the date of the alleged discrimination. A HUD complaint can run alongside a TREC complaint, because the two agencies address different violations.