Real Estate License Defense in Oklahoma

Oklahoma boasts a vibrant and diverse economy based on agriculture and energy and a diverse population. The Sooner State is known for its wide open spaces and quality of life. For many people, owning a home or business in Oklahoma is a cherished dream. Real estate brokers and sales associates help make this dream come true for Oklahomans and are a vital part of the economy. However, real estate transactions are strictly regulated in Oklahoma, and this strict regulation can lead to accusations of misconduct against brokers and sales associates. If you have received a notice from the Oklahoma Real Estate Commission that you are being investigated, it is understandable that you may feel anger or frustration. But don't let this frustration lead you to inaction or a failure to keep your cool and act in your self-interest. It is most important now that you quickly find good legal counsel.

The Lento Law Firm Professional License Defense Team understands how much work you have put into obtaining your real estate license and growing your business. We also understand how devastating the loss of your license would be to your life and family. We have a proven track record of successfully defending professional licensees, including licensees in Oklahoma. Our experienced license defense attorneys will act to protect your reputation and business against disciplinary actions. Complete our online form or call our offices today at 888.535.3686 to arrange a confidential consultation.

The Oklahoma Real Estate Commission

The Oklahoma Real Estate Commission is a seven-member panel appointed by the Governor. The Oklahoma Real Estate Commission has the power to:

Issue licenses to real estate brokers, sales associates, branch offices, corporations, and partnerships.
Discipline licensees for cause, including suspensions, reprimands, fines, license revocations, and other discipline.
Modify any prior discipline or reinstate a license that has previously been suspended or revoked.
Initiate prosecutions of anyone who violates the Oklahoma Real Estate Code.
Apply to courts for restraining orders or injunctions against individuals for violations of the Oklahoma Real Estate Code.
Create and maintain the Oklahoma Real Estate Contract Form Committee to draft and revise real estate purchase and lease contracts.
Conduct disciplinary proceedings and hearings.
Fine licensees for violations.
Impose other discipline.

Common Issues Facing Real Estate Professionals in Oklahoma

Oklahoma's brokers and sales associates may be disciplined for violating professional standards and rules. Common issues involved in disciplinary proceedings include:

Making misrepresentations or false promises.
False advertising.
Lying on an application for licensure.
Accepting a commission from anyone other than the broker to whom an associate is licensed.
Representing a broker other than the broker to whom an associate is licensed.
Failing to promptly account for or turn over money or items of value.
Paying or sharing a fee with someone who is unlicensed or is acting in violation of the Oklahoma Real Estate License Code.
Dishonest or untrustworthy dealings.
Violating the Oklahoma Real Estate License Code or other rules made by the Oklahoma Real Estate Commission.
Advertising or offering a property for sale without the owner's consent.
Guaranteeing future profits for the resale of a property.
Using prizes, money, or gifts to induce another person to make an offer or purchase property, except where not dependent on the person making an offer or purchasing (i.e., may be done for marketing purposes).
Appraising a property for a fee based on the property appraisal amount.
Failing to disclose self-interest in appraisal.
Conviction (or no contest plea) for a crime involving untrustworthiness or “moral turpitude.”
Conviction for forgery, extortion, conspiracy to defraud, fraud, or similar offense.
Comingling licensee's property with property of another held by the licensee, except for escrow funds held properly in an escrow account.
Violating federal fair housing laws.
Failure to provide accounting and funds to another licensee of a commission after the sale.
Violation of Residential Property Condition Disclosure.

Oklahoma real estate licensees must disclose felony convictions (or guilty or no-contest pleas to felony offenses) within 30 days. The rules also suggest that misdemeanor convictions involving untrustworthiness must be disclosed.

The Lento Law Firm represents licensed brokers and sales associates in Oklahoma who are facing allegations of wrongdoing. While it is best that we begin representation early in the process, the Firm represents licensees at any stage of the disciplinary process. Whatever type of allegation you face, call the Lento Law Firm, and let us start fighting for your real estate license today.

Real Estate License Discipline Process in Oklahoma

The Oklahoma Real Estate Commission handles complaints and disciplinary actions against brokers, associate brokers, and sales associates. The process of discipline typically involves the following:

Complaint: The Real Estate Commission receives complaints regarding real estate professionals in Oklahoma. Anyone may file these complaints, but they are most often filed by clients, government agencies, or work colleagues. The Commission may also initiate a complaint on its own, typically after learning of misconduct in another way, such as an investigation by law enforcement. The Commission will review the complaint to see if it states a violation of the Oklahoma Real Estate Code or other rules and regulations. If it does, the Commission will initiate an investigation.

Investigation: If the Oklahoma Real Estate Commission decides the complaint states a violation, it will begin an investigation. The Commission will hire an attorney who will essentially act as the prosecutor of the complaint. This person or other people employed by the Commission will investigate the allegations made in the complaint. At this point, the Commission must notify the broker, broker associate, or sales associate being investigated. The Commission will seek a written response and possibly seek to record the licensee's statement. No real estate professional should provide a written response or a statement or be interviewed until they have spoken with an experienced license defense attorney. The Lento Law Firm can advise any real estate professional investigated by the Oklahoma Real Estate Commission. During this phase, the Lento Law Firm will often be able to handle the complaint through negotiation and agreement, saving damage to the licensee's reputation.

Report to the Commission: After completing the investigation, the prosecuting attorney will provide a Report to the Oklahoma Real Estate Commission. At this point, the Commission will decide whether the factual findings of the investigating team warrant a formal charge and hearing. If the Commission decides that the Report warrants formal charges, it must provide a copy to the licensee charged.

If a licensee has received a final report under this procedure and the Commission decides to pursue formal charges, the licensee should find experienced counsel immediately. The charge can often be handled informally at this phase in the investigation, particularly if the licensee is willing to accept some type of discipline to protect their license. If it is not possible to settle the matter through negotiation, it will proceed to a hearing.

Notice of Hearing: The Oklahoma Real Estate Commission will conduct a disciplinary hearing and must provide at least 15 days' notice to the licensee. The hearing will be before either a designated hearing examiner or members of the Commission (or even the entire Commission). Generally, the chairman of the Commission will lead the hearing or will designate another party to conduct the hearing. The designated attorney (usually the attorney hired to do the investigation) will advise the Commission and present evidence. This is the licensee's opportunity to present witness testimony, cross-examine witnesses for the other side, or present other documents or electronic evidence. An experienced license defense attorney should represent the licensee at this hearing. Presenting evidence is difficult for a layperson, and having an experienced license defense attorney is vital. Hearings are generally open to the public, with only witnesses excluded from sitting and hearing the entire hearing.

Order of Hearing: If the matter proceeds to a hearing, the order of proceedings will be as follows:

The Commission attorney will read or recite the charges.
The Commission attorney will make an opening statement.
The licensee (or their attorney) will make an opening statement.
The Commission attorney will present evidence supporting the charge, followed by cross-examination by the licensee or their attorney.
The licensee will present their case, followed by cross-examination by the Commission attorney. The hearing examiner or hearing panel may also ask questions.
Each side will make a closing statement.

After the hearing, the hearing panel will convene privately to decide facts and make a recommendation.

Proposed Decision and Order: The Oklahoma Real Estate Commission will send out a proposed decision and order after the hearing. The licensee will have a limited period to file objections to this proposed decision.

Adoption of Order and Decision on Code Violation: The Oklahoma Real Estate Commission will decide whether to adopt the proposed decision and whether it states a violation of the Real Estate Code or other regulation or rule. At this point, the Commission will decide on the discipline imposed, which can involve suspension or revocation of a real estate professional's license.

Appeal: If the Real Estate Commission orders sanctions, the licensee may appeal to the district court as provided under the Oklahoma Administrative Procedures Act.

This disciplinary process can take time, and a licensee may feel like the case has already been decided—a sort of “guilt by accusation.” In reality, many licensees can counter more serious discipline by presenting their case well before the Commission. Regardless of where you are in the disciplinary process, the Lento Law Firm can advise and guide you to the best result possible. It is not easy to go up against the State, but having experienced counsel will help to level the playing field.

Potential Disciplinary Actions in Oklahoma

The Oklahoma Real Estate Commission may discipline brokers, sales associates, and other real estate professionals. Potential discipline includes:

Probation: This involves supervision by the Commission or the reporting of activities.
Formal Reprimand: The Commission may order that a reprimand be placed in a licensee's file. This reprimand is discoverable by other states and may limit future licensing in other jurisdictions.
Continuing Education: The Commission may order a licensee to take classes or engage in other educational activities.
Fines: The Commission may fine a licensee for a violation.
Initial License Denial: The Commission may refuse to license an Oklahoma real estate license applicant.
Suspension of License: The Commission may suspend the license of an Oklahoma real estate professional for a set period or until the licensee performs a specific act, such as counseling or education.
Revocation of License: The Commission may revoke the license of any real estate professional in Oklahoma.

A license revocation is the worst-case scenario. It means that the salesperson or broker loses their license outright and must seek a new license. The Lento Law Firm is here to provide support and guidance to limit this damage to your ability to earn a living.

Reinstatement of License

The Oklahoma Real Estate Commission may reinstate a license that has been suspended or revoked. In the case of a license revocation, the licensee must wait at least three years after revocation to apply for a new license. The Lento Law Firm can advise revoked licensees on how to reapply so that relicensing is more likely.

How Our Skilled Professional License Defense Team Can Help

If you face discipline before the Oklahoma Real Estate Commission, you may be anxious, fearing the possible loss of your real estate license. It is a difficult task to defend yourself in a license defense action, and it is nearly impossible to do it well without experienced legal counsel. Right now, making sound decisions may be difficult while facing so much stress. Remember, however, that hiring experienced counsel is always your best decision. The right legal team can advise you and help you navigate this difficult time and process with the least damage possible to your reputation and business.

Wherever you reside in Oklahoma, the Lento Law Firm Professional License Defense Team is here to provide advice and support as you fight the allegations made against you. We have a proven track record of successful license defense. Let us work to protect your broker, associate broker, or sales associate license and your professional reputation. Don't let all your hard work over many years go to waste. We can help, so call us today. Complete our online form or call our offices at 888.535.3686 to arrange a confidential consultation.