Real Estate Council of Ontario Defence Lawyers
The Real Estate Council of Ontario (“RECO”) enforces the rules and regulations that governs real estate agents, brokers, and brokerages. Any complaint made by a member of the public would be investigated by RECO, whether it related to real agent or brokerage in a commercial or residential sale. Complaints to RECO can be submitted by any member of the public if they believe a real estate agent has acted unfairly or unprofessionally. If you are the subject of a complaint, you will be notified in writing and have an opportunity to respond.
The lawyers at Damien Frost & Associates LLP have experience representing real estate agents, brokers, and brokerages before RECO. We can assist in responding to a complaint and provide written submissions on your behalf. You should take a complaint seriously. Having a lawyer in your corner can help ensure that your rights are protected and that you have the best chance of resolving any disputes without an impact on your professional reputation.
RECO Investigations (or should it be Real Estate Council of Ontario Investigations?)RECO has the power to investigate complaints about the conduct of real estate professionals and those holding themselves out to be agents or brokers. RECO can investigate when there has been a formal complaint or where there is reason to believe that a member has committed an act of professional misconduct. All real estate agents, brokers, and brokerages have an obligation to cooperate RECO during an investigation.
Our lawyers can advise you of your rights and obligations if you are the subject of an investigation. Our firm would also communicate with RECO on your behalf to ensure that your rights and interests are protected during the course of any investigation. Complaints and investigations can relate to any aspect of a real estate professional’s practice or personal conduct. Complaints are often made where there is a perception of a lack of competence, transparency, honesty, integrity, or fairness in a real estate transaction.
It is imperative to have legal assistance if you are the subject of a complaint or investigation. RECO investigators can ask that you attend to be interviewed in person or provide written responses to questions. They can obtain information and documentation from your practice relevant to the complaint. Investigators can also speak to staff in your office or the other parties to a transaction you have been involved in. The bottom line is that if you are under investigation, you should seek legal assistance.
Discipline Hearings at the Real Estate Council of Ontario
For the most serious offences or breaches of the Code of Ethics, your matter can be referred to the Discipline Committee for a Hearing. In that case, a lawyer representing RECO will be assigned to prosecute your matter. A Discipline Hearing is very similar to a trial and, just like any other trial, you should have legal representation.
A Discipline Hearing at the Real Estate Council of Ontario is a serious matter. Hearings are conducted before a Panel and include testimony from witnesses, documentary evidence, and submissions on legal issues. It will ultimately be up to a Panel of the Discipline Committee to determine whether, on a balance of probabilities, you are guilty of the acts of misconduct alleged.
A number of matters before the Discipline Committee are ultimately resolved before a contested hearing takes place. An experienced lawyer representing you can negotiate a resolution on your behalf in order to ensure that you receive the best possible outcome rather than risk the penalties at an unsuccessful contested hearing.
Discipline Hearings at the Real Estate Council of Ontario are open to the public. The penalties available to a Panel of the Discipline Committee are wide-ranging and severe. For example, the Discipline Committee has the power to order that you take educational courses, receive a reprimand, engage in mentoring from another real estate professional, suspend or place terms and conditions on your licence, or even revoke your licence altogether. The Discipline Committee also has the power to order that a real estate agent or broker to pay a maximum fine of $50,000.00 or up to $100,000.00 for brokerages. In addition to your own legal costs, the Discipline Committee can also order that you pay a portion of the Real Estate Council of Ontario’s costs for the investigation and prosecution of your matter.
The outcome of a Discipline Hearing will be posted on the public register on the Real Estate Council of Ontario’s website and may be posted in other RECO publications. A decision of the Discipline Committee can be appealed to the Licence Appeal Tribunal
If you have received notice that your matter has been referred to the Discipline Committee for a Hearing, contact the lawyers at Damien Frost & Associates LLP for immediate assistance.
Defending Real Estate Professionals in Real Estate and Business Brokers Act Prosecutions
In addition to any investigation or complaint before the Real Estate Council of Ontario, a real estate professional may be investigated for offences or breaches of the Real Estate and Business Brokers Act, which governs individuals and corporations engaged in the trade of real estate. Any allegation that an agent, broker or brokerage has breached the Real Estate and Business Brokers Act is a serious matter and can jeopardize your professional reputation and registration with RECO. It can also jeopardize your liberty, as the penalties for trading in real estate without proper registration can include severe financial penalties, periods of imprisonment, or both.
If you are being investigated for potential Real Estate and Business Brokers Act offences, or if you have been charged, you should seek immediate legal assistance. Our lawyers are experienced criminal and regulatory litigators who understand your legal rights and can protect you. Without the assistance of a lawyer, you face the prospect of attending court, reviewing disclosure, conducting Crown and Judicial Pre-Trials and, ultimately, the trial itself.
Trials for Real Estate and Business Brokers Act offences can be complex. Trials take place in the Ontario Court of Justice, either before a Judge of a Justice of the Peace. The trial process is nearly identical to that of a criminal trial. If you have been charged with Real Estate and Business Brokers Act offences, contact our office today to schedule a free consultation to learn how our lawyers can help you. As criminal lawyers and former prosecutors, we have unique experience and understand how to succeed in the courtroom.
