You've worked hard to become a licensed real estate agent in the state of Rhode Island. You've spent hours taking courses and studying for exams. You've learned intricate details of the industry, cultivated a roster of clients, and put countless miles on your vehicle traveling to various showings. And there's no doubt it's all been worth it to build the career and lifestyle you've always wanted.
Given the booming real estate markets in Providence, Warwick, Cranston, and other areas of Rhode Island, you've picked a great state in which to earn and maintain your real estate license. Even better, your Rhode Island license allows you to practice in Massachusetts, Connecticut, and Florida, giving you plenty of territory in which to earn a living.
Unfortunately, a single alleged violation or misconduct allegation put all of that in jeopardy. Your state licensing board has the power to suspend or revoke your license and take away everything you've worked for. What's worse, state licensing boards don't always understand the full scope of these allegations before they choose to issue life-altering penalties.
If your real estate license is threatened in the state of Rhode Island, the Lento Law Firm's Professional License Defense Team is here to help. We know the state's administrative laws inside and out, and we're ready to give you the best chance to keep your license intact. Call us today at 888-535-3686 or contact us online to find out how we can help defend your license and protect your career in real estate.
Regulatory Authority Governing Real Estate Licensure in Rhode Island
In Rhode Island, real estate professionals—including licensed salespersons, brokers, and property managers—operate under the oversight of the Rhode Island Department of Business Regulation (DBR). This department has the authority to issue licenses, as well as to suspend, revoke, or enforce other disciplinary measures against licensees who fail to adhere to the state's real estate laws and professional standards as prescribed by Rhode Island General Laws Chapter 5-20.5.
If you've already earned your real estate license in Rhode Island, you're no doubt familiar with the DBR. However, if you earned your license in Massachusetts, Connecticut, or Florida, you may not be as well acquainted with the specifics of the RI DBR. In either case, the Lento Law Firm has your back.
We know the Rhode Island Department of Business Regulation and have experience helping others like you defend their professional licenses in the state. We're ready to help you do the same.
The Benefits and Dangers of Licensure Reciprocity
As mentioned, Rhode Island real estate licenses are reciprocal with those of Massachusetts, Connecticut, and Florida. Considering Rhode Island's relatively small geographical footprint, these reciprocal licenses give real estate professionals in the state some valuable flexibility. You could help someone find a home in one of the neighboring states, or you might find former clients reaching out years later for your help in finding a retirement home in sunny Florida.
However, it also means that allegations against your license in any one of these states will affect your ability to practice real estate in all four.
This is why it's vital that you meet any investigation into your real estate license with a swift and strong defense. What is the best way to ensure that happens? Enlist the help of the Lento Law Firm's Professional License Defense Team the moment you become aware that the state is investigating your license.
We'll gather evidence and testimonials, conducting a full investigation to make sure your defense is as strong as it can possibly be. Remember, having your license suspended or revoked can prevent you from working and potentially force you to find a new career. There is simply too much at stake to entrust your defense to anyone other than the Lento Law Firm.
What Offenses Could Lead to Rhode Island Real Estate Licenses Being Revoked?
Real estate professionals in Rhode Island may face disciplinary action for various statutory and ethical infractions, with the RI DBR ultimately deciding the disciplinary outcomes for such infractions. Should the DBR discover that state or federal laws have been violated when investigating a license infraction, they can involve the RI police to begin criminal procedures as well. Criminal investigations are a separate matter requiring separate representation.
In Rhode Island, the most common violations leading to regulatory scrutiny include, but are not limited to:
- Misrepresentation and fraud. Dealing in an unethical manner is almost certain to put your license in jeopardy. This includes using deliberate or negligent misstatements, deceptive practices, or failing to disclose material information. Falsifying records or committing mortgage fraud fall under this category as well.
- Unlicensed activity. This includes engaging in real estate transactions without a valid Rhode Island real estate license or operating beyond licensure scope.
- Trust account mismanagement. Improperly handling or misappropriating client escrow funds is a serious allegation that can lead to additional criminal charges.
- Failure to disclose conflicts of interest. Engaging in transactions without disclosing financial or personal interests is a clear breach of trust between agent and client.
- Breach of fiduciary duty. Failure to act in the client's best interest—including negligence, self-dealing, or unethical behavior—goes against the state's requirements for maintaining a real estate license.
- Continuing education non-compliance. Real estate professionals in Rhode Island are required to take ongoing educational courses in order to keep their licenses in good standing. Failure to satisfy these state-mandated continuing education requirements can put a license in jeopardy.
- Criminal convictions – Certain criminal offenses that indicate a severe lapse in judgment or morality, including financial crimes or fraud, may trigger immediate disciplinary proceedings against a real estate license.
- Advertising violations – False advertising, including misleading marketing or improper brokerage branding, can result in actions against one's license.
It's important to note that by the time you are aware there has been a complaint made against your license, the DBR will already be at work gathering evidence in the case. The sooner you start mounting your own defense strategy, the better chance you have to avoid sanctions against your license.
If you've been accused of any of the above violations or any other offense that puts your Rhode Island real estate license in jeopardy, contact the Lento Law Firm's Professional License Defense Team as soon as possible. Your career could depend on it.
What Happens When Someone Files a Complaint Against My License In Rhode Island?
Complaints against a real estate license in the state of Rhode Island follow a formal process. It begins with the Rhode Island DBR receiving a complaint, which then triggers an investigation and eventually results in either dismissal or punitive measures. It is easiest to understand this process by breaking it down step by step.
- A complaint is filed. Everything begins with the filing of a formal complaint. This can come from anyone—a client, a fellow licensee, a regulatory authority, or anyone else may submit a formal complaint to the DBR describing an alleged statutory or ethical violation.
- Preliminary review. The DBR reviews each complaint to determine whether further investigation is warranted. If the allegations lack merit or don't actually include breaches of the law, the complaint may be dismissed summarily. For instance, a complaint that an agent was slow in returning phone calls would not be enough to trigger a formal investigation.
- Formal investigation. If the DBR determines that a complaint has merit and that it falls within its jurisdiction, it will begin its formal investigation. They will gather evidence by speaking with witnesses and issuing subpoenas for documents and financial records where necessary. This is likely when the accused party learns they are under investigation and that their license is in jeopardy, as the DBR will likely contact them to respond to the complaint and provide corroborating evidence.
- Licensee response. The respondent is allowed the opportunity to submit a formal response to the allegations and may be requested to appear for an informal hearing. Having qualified legal representation at this step can set the stage for a successful defense of your license.
- Consent agreement. The DBR will often give the accused party a chance to avoid appearing at a formal hearing by agreeing to a consent order. Under a consent order, the accused party admits their wrongdoing and agrees to submit to the board's recommended course of discipline. This is effectively giving up without a fight, even if the outcome is the loss of their license.
- Adjudicative hearing. Should things progress to a formal hearing, the accused party and their legal team will have a chance to defend themselves and provide exculpatory evidence. This is your chance to prove the allegations inaccurate or to show that there were extenuating circumstances that were not documented in the original complaint.
- Final determination. After the hearing, the DBR will make a determination as to the outcome of the case. This will go one of two ways—the complaint will be dismissed, or the complaint will be upheld, and sanctions will be meted out.
Should the Rhode Island DBR determine that a complaint was valid and ruled in favor of the complainant, the resulting sanctions can be quite serious. Here are some of the most common sanctions put into place by the board:
- Formal warning. The least severe outcome, a formal warning or administrative reprimand, still makes it known that you have been found non-compliant with the state's requirements for a real estate license.
- Financial penalties. The DBR has the right to assess fines based on the severity of the infraction. Individual fines can be as much as $1000, and these can add up quickly.
- Licensure probation. The DBR can put a real estate licensure on probation, meaning the individual can continue their practice so long as no further complaints are issued against them.
- Suspension of licensure. A suspension is a temporary prohibition from practicing real estate. The DBR will generally set out terms for the reinstatement of the license, such as the completion of a class.
- Permanent revocation of licensure. The DBR has the right to fully terminate a license, barring an individual from practicing real estate in the state.
Bear in mind that any penalties put into place by the Rhode Island DBR will affect your ability to practice in Massachusetts, Connecticut, and Florida as well. Even formal warnings or fines will be a matter of public record, which could harm your ability to secure future work.
This is why it's so important to take any investigation into your license seriously and to meet any threat to your license with a thorough and passionate defense.
Defending Your Real Estate License in Rhode Island
Facing administrative proceedings without skilled legal representation at your side is a sure recipe for disaster. Not only is this a stressful situation that can seriously strain your mental health, but it's been proven time and time again that a qualified legal team is your best bet for protecting your license.
Don't go it alone—the Lento Law Firm's Professional License Defense Team is ready to help protect your real estate license from any and all allegations in the state of Rhode Island. We understand how to work with the state's Department of Business Regulation and ensure the best possible outcome for you and your career.
Our team will conduct a thorough investigation into the allegations on your behalf. We'll uncover evidence, collect witness testimony, and build a defense strategy centered on your individual needs. We know how hard you worked to earn and maintain your license, and we're not going to let a single complaint unravel your entire career. We are ready to work tirelessly to defend your license and preserve your reputation.
The Lento Law Firm proudly represents real estate professionals from all over Rhode Island. Call us today at 888-535-3686 or contact us online to schedule a confidential consultation and start mounting your defense!
