How to Defend Your Professional Real Estate License in Montana

The real estate, rental, and leasing industry is the most important industry by GDP in Montana, making a significant impact on the state's growth and development. That means that realtors, brokers, and other real estate professionals are crucial for the economy of the state, as they are the ones in charge of putting buyers and sellers in contact and ensuring all property transactions in the state are conducted above board. However, holding a professional real estate license in Montana comes with responsibilities and strict compliance requirements that all real estate professionals have to respect.

Any type of allegation of professional misconduct or regulatory violations can greatly affect your career, reputation, and, ultimately, your livelihood. If you or a loved one is facing a complaint or investigation by your regulatory board, you don't have to face it alone. Call the Lento Law Firm today at 888-535-3686 or fill out our online form to schedule a consultation with our team.

Understanding the Authority Over Real Estate Licensing in Montana

In Montana, the Montana Board of Realty Regulation and the Montana Board of Real Estate Appraisers regulate real estate professionals. The Montana Board of Realty Regulation regulates real estate salespersons and brokers, while the Montana Board of Real Estate Appraisers regulates real estate appraisers.

These two institutions are tasked with issuing licenses (real estate brokers, salespersons, and companies; appraisers and appraisal management companies; foreign real estate dealers and salespersons; manufactured homes dealers, brokers, and salespersons; and home inspectors), enforcing the Montana Code Annotated (MCA), as well as the Administrative Rules of Montana (ARM) and ensuring compliance with industry standards. The Boards will also ensure basic requirements are met by each applicant, evaluate them for good repute and competency to transact business, and be tasked with safeguarding the interest of the public.

In the interest of doing just that, the boards will also be responsible for investigating any complaints against its members, conducting hearings, and imposing disciplinary actions in the case of violations of real estate laws and regulations.

The biggest cities in the state, like Billings, Missoula, and Great Falls, might account for most of the real estate activity in the city, but that doesn't mean the professionals in those areas have different oversight from professionals in cities like Livingston, Miles City, or Bigfork. The rules for real estate professionals in the state apply equally to all professionals in Montana,

The Montana Board of Realty Regulation and the Montana Board of Real Estate Appraisers are both located at 301 South Park Avenue, 4^th Floor,
Helena, MT.

Types of Complaints and Violations That Can Trigger an Investigation

The types of allegations that may trigger an investigation or result in disciplinary action for real estate professionals in Montana vary—and can arise from different sources, including clients, other real estate professionals, and third parties. The complaints can even be anonymous. Among the most common issues are:

• Fraud or Misrepresentation: This includes allegations of knowingly providing clients with false information about a property, price, or clients or misleading a client in any way.
• Conflict of Interest: Real estate professionals cannot act in representation of more than one party in a transaction.
• Improper Handling of Funds: This includes any type of mismanagement of client funds, from mishandling escrow accounts to using the client's money for anything other than what it was provided for.
• Engaging in Real Estate Transactions Without a License: There's a reason why licenses are required to conduct real estate transactions. The Boards in Montana have high standards for people with real estate licenses and strict guidelines they must follow. Misrepresenting membership in Montana's real estate professional associations is a serious issue. This includes authorizing or allowing someone else to act as a real estate professional, knowing they are not licensed to act in that capacity.
• Failure to Meet Education Requirements: This refers to not completing mandated education to maintain licensure.
• Advertising Violations: This includes false or misleading advertising in any form.
• Failure to Disclose Material Defects: Neglecting to mention known issues about a property that could affect its value or safety.
• Ethical Violations: Any type of breach of the National Association of Realtors' Code of Ethics or Montana-specific ethical requirements. Examples include dishonest or illegal dealing, gross negligence, incompetency, or misconduct.

A complete list of actions that could trigger disciplinary actions can be found in the Montana Code Annotated, which also establishes disciplinary guidelines for real estate professionals.

However, it's important to note that disciplinary action against real estate agents, brokers, and other real estate industry professionals in Montana is not limited to violations of real estate-specific regulations. Disciplinary action can also result from unrelated legal issues, including criminal convictions for misdemeanors or felonies, particularly if those are found to reflect poorly on the individual's professional integrity. Convictions of fraud, theft, or improper handling of funds, for example, can lead to penalties, mandatory education, suspension, or even revocation of a license in Montana.

All of this means that the list of issues that can affect a real estate professional's ability to practice is long, and it is of the utmost importance to take any allegation that might threaten your professional license very seriously from the beginning. That's where we come in. The Lento Law Firm Professional License Defense Team can help if you're having issues with your real estate license in Montana. We can make sure you understand what's happening, the process, and the possible ramifications and present a defense that gives you the best chance at a positive outcome.

The Investigation Process in Montana

The investigation process for real estate professionals is very standard across states, but that doesn't mean you shouldn't take the time to understand every aspect. Here's a brief overview:

1. Complaint Filing: Complaints can be submitted by anyone and are reviewed by the Montana Board of Realty Regulation and the Montana Board of Real Estate Appraisers for validity.
• Complaints must include specific details about the alleged violation and can be filed online.
• The Montana Board of Realty Regulation and the Montana Board of Real Estate Appraisers can initiate investigations even without a formal complaint if they have any reason to suspect wrongdoing.
2. Notice of Investigation: If the Montana Board of Realty Regulation and the Montana Board of Real Estate Appraisers determine there's enough basis for an investigation to proceed, the licensee will immediately be notified. The notification will explain the allegations and can require a written response from the licensee explaining their version of the story.
3. Evidence Collection: Investigators will typically request documentation, interview witnesses, and, if they need to, even subpoena records. This is perhaps the most important phase, as the evidence gathered during it will be at the center of the case.
4. Preliminary Findings: After gathering evidence, the Boards will determine if there's probable cause. If so, they will proceed with a hearing. If not, the case will be dismissed.
5. Hearing Process: The next step of the process is a hearing where both parties will present their arguments either before the respective Boards or a hearing officer.
• Licensees have the right to legal representation during this hearing.
6. Final Decision: The Montana Board of Realty Regulation and the Montana Board of Real Estate Appraisers will issue a final determination. Possible outcomes include dismissal of charges, fines, license suspension, revocation, or mandatory additional training.

Consequences of Disciplinary Action

The consequences of being found responsible can be severe, potentially ending a real estate professional's career. Some of the disciplinary actions include:

• Fines and Penalties: Violations might carry monetary penalties.
• Mandated Education: The licensee might be required to complete additional courses to address specific areas of non-compliance.
• Probation: This refers to a period where the professional activities of the licensee will be closely monitored.
• License Suspension: A temporary halt to practicing real estate might be ordered, which can result in significant financial and reputational damage for any professional.
• License Revocation: Permanent loss of the ability to practice real estate in Montana.

But you don't have to face these allegations alone. The Lento Law Firm Professional License Defense Team can help. We'll support you at every step of the process, from the investigation, to collecting evidence to support you, cross-examining witnesses and representing you at any hearing. We will also be there for you to negotiate any deal or file any appeals as the case requires.

How the Lento Law Firm Can Help

Facing disciplinary action can be a daunting experience, no matter what the reason is. But the Lento Law Firm is here for you. Our legal team can help you with your professional real estate license defense in Montana because we understand the intricacies of the Montana Board of Realty Regulation and the Montana Board of Real Estate Appraisers rules, and we are committed to protecting your rights and your career.

We can offer the following as you prepare to fight the allegations against you:

1. Comprehensive Case Evaluation: We will conduct an exhaustive review of the allegations and the evidence against you so we can identify the strengths and weaknesses of the case against you. This will allow us to prepare a defense that's tailored to your situation and will give you the best chance at a positive outcome.
2. Representation During Investigations: Facing any kind of investigation without legal counsel by your side can lead to unintentional mistakes or even admissions that might strengthen the case against you. That's why we will handle all communication with the Montana Board of Realty Regulation and the Montana Board of Real Estate Appraisers and make sure all your responses are not just accurate but strategically sound.
3. Advocacy in Hearings: If your case proceeds to a hearing, it's crucial to tell your side of the story effectively. Our legal team will be there not just to make sure what happened is communicated effectively but also to challenge evidence and cross-examine witnesses to your advantage.
4. Mitigation of Penalties: In cases where violations are substantiated, we will work for you to minimize the consequences you face by negotiating lesser penalties or alternative resolutions, such as additional training, instead of harsher punishments like suspension or revocation.
5. Assistance with Appeals: If you face an unfavorable decision, we can guide you through the appeals process. Our team has experience crafting compelling appeals by identifying procedural errors, contesting evidence, and pointing out mitigating factors to seek a more favorable outcome.
6. Preventive Guidance: Our job doesn't just stop after this issue is resolved. We also offer consultations on compliance with Montana's real estate laws and continuing education requirements so you can avoid future issues. Our proactive approach helps ensure your practice remains in good standing.

Why Choose Us?

• Deep Understanding of Montana Laws: Our knowledge of Montana's real estate laws and regulations gives us an edge when it comes to crafting the best defense strategy that fits your specific needs.
• Client-Centered Approach: We prioritize you and will work to protect not just your license but also your reputation.
• Responsive Communication: We make sure you understand the process and always know what's going on at every stage so you have not just the right legal counsel but also the support and knowledge you need to navigate the challenges ahead.

Protect Your Real Estate Career Today

A professional real estate license is more than just proof of your qualifications; it's the foundation of your livelihood. Don't let misunderstandings or mistakes jeopardize the career you worked so hard to earn. If you are facing an investigation or disciplinary action in Montana, the Lento Law Firm Professional License Defense Team is here to help. Let us focus on the best way to help you so you can focus on the best way to do your job.

Contact us today for a confidential consultation and protect your professional future. Our dedicated legal team will be at your side to face any challenge and protect your place in Montana's growing real estate industry. Call the Lento Law Firm today at 888-535-3686 or fill out our online form to safeguard your future.