If you have earned a real estate license in Indiana, you have completed – at an absolute minimum – nearly 100 hours of coursework, passed an intensive professional exam, and worked to further your education annually for any number of years. Your license, therefore, doesn't just represent a way to earn a living. It represents dedication, hard work, and the realization of a goal that few ever reach. Therefore, if your license is at risk, your livelihood, reputation, and all that it represents for you are at risk, too.
Thankfully, you don't have to navigate the challenge of defending your license without the support that you need and deserve to protect all that you have worked for. The dedicated Professional License Defense Team represents real estate agents, brokers, and realtors in Indiana and across the U.S. We understand how to navigate the often highly technical negotiations and legal proceedings that may be required to successfully defend a professional's license and reputation.
With so much at stake, it's time to start building a strong defense strategy today by calling 888-535-3686 or by contacting the Lento Law Firm online. We understand that your license is a reflection of your past efforts, present livelihood, and future opportunities. We will do everything we can to protect those interests as your situation evolves.
Concerns That Can Put Your License at Risk
Just as missteps and misunderstandings can lead those in the medical, legal, and financial industries to face professional and legal scrutiny, missteps and misunderstandings can lead to the professional and legal scrutiny of real estate professionals. Professional services are serious business, and the law holds those who offer these services to particularly high standards. To that end, Indiana lawmakers recognize the trust that the public places in those who are certified as licensed professionals. Accordingly, the Indiana Assembly has delegated the oversight of more than 40 different licensed professions to The Indiana Professional Licensing Agency (IPLA). When the alleged conduct of licensed professionals is called into question, the IPLA is often called upon to determine whether adverse action should be taken to address that alleged conduct.
When you studied to earn your real estate license, you were likely taught about all of the major rules that govern the profession in Indiana, from South Bend all the way down to Evansville. You likely focused particular attention on the provisions of the state code that apply specifically to real estate brokers and salespersons, in addition to relevant sections of the state's property laws and the federal government's Fair Housing Act. You are knowledgeable as a result of this study. Yet, even those at the top of the legal and real estate fields aren't always sure how every evolving provision of state and federal law should play out in practice. Mistakes get made. Misinterpretations happen. And those who don't care for your success may even be malicious in their pursuit to take you down. As a result, you may be facing scrutiny for any number of reasons governed by any number of complex – and possibly contradictory – laws and regulations.
With that said, some of the most common reasons that your colleagues in the real estate industry face professional licensing scrutiny include the following:
- Confidentiality Breaches: You are entrusted to keep client information confidential whenever required. If confidential information is not managed properly, you could be held responsible for the fallout.
- Disclosures and Due Diligence: If information that must be disclosed about a property is kept under wraps, a licensed professional may be accused of withholding that information negligently or intentionally.
- Financial Concerns: Fees and the handling of money must be approached in accordance with the law. Even a small misstep in this realm of your fiduciary duty could land you in hot water with the IPLA.
- Questions of Competency: If a client or a member of the public is dissatisfied with your approach, they could question your professional competency. Given the stakes of the services that you provide, these kinds of complaints are often treated very seriously.
Whether you're facing scrutiny as a result of a simple mistake, a clerical error, a misunderstanding, or a false allegation, know that many of your colleagues have stood where you are standing and that their licenses have been defended successfully. Even if the licensing board is currently under pressure to make examples out of professionals for alleged wrongdoing, exercising your rights thoughtfully, strategically, and knowledgeably can lead to a favorable outcome. The respected legal team at the Lento Law Firm understands this reality because we've helped our clients achieve this worthy goal time and time again.
What to Expect: The Disciplinary Process for Real Estate Professionals in Indiana
Just as someone who is charged with criminal wrongdoing has rights, so do those who stand to lose their professional licensure once they've been accused of misconduct. The IPLA cannot simply take away your license or restrict its power. It must first give you the opportunity to refute any evidence against you in a formalized setting. It is the Real Estate Board of the Indiana Real Estate Commission – which is a subsection of the IPLA – that will hear your case and determine how it should be resolved.
Broadly speaking, the Board is required to investigate any serious complaint as to the conduct of a licensed real estate professional that is filed with the state. If a complaint filed by a member of the public is considered potentially credible, the formalized disciplinary process begins. The state's attorney general files formal disciplinary charges with the Board. The charges must detail the alleged wrongdoing at issue and the specific standards of practice that have allegedly been violated as a result of that wrongdoing.
Most of the time, real estate professionals are permitted to keep offering their services to the public while their cases are being resolved. The notable exception to this rule comes into play when the attorney general files a formal complaint for summary suspension. This scenario is rare because a professional must be objectively perceived as a “clear and immediate danger to the public health and safety” if they remain practicing before they can be targeted for summary suspension.
Once the Board has investigated the complaint, it will determine whether the allegations at issue warrant disciplinary action. In many cases, the resolution is reached via a settlement hearing. Under these circumstances, there is no need for an evidentiary hearing because the matter is being resolved without a need for a finding of fact. If a professional is not likely to receive an acceptable outcome via a settlement conference, or they have reason to fight their charges within an evidentiary hearing, that option is available, too. In either case, the Board will either decline to take adverse action against the professional who has been accused of misconduct or it will sanction that individual. Possible sanctions include:
- Censure
- Fines
- Probation
- Reprimand
- Revocation of their license
- Suspension of their license
It is also possible for the Board to sanction a professional by utilizing a combination of these consequences.
What's Next for You?
Perhaps someone has filed a complaint against you, and you're waiting to see if the Board feels compelled to investigate it. Perhaps the Board has already served you with notice that it is investigating you for alleged misconduct. Either way, it is important to prepare for what comes next. Once you contact the Professional License Defense Team, we will work to safeguard your interests legally and professionally. We will manage your situation with great discretion, as we understand that even an unfounded accusation could harm your career, should it become public knowledge. Depending on your circumstances, we may even be able to resolve the situation before the attorney general issues a formal complaint. If that isn't possible, we'll focus on safeguarding your rights as the investigative process, negotiations, and any hearings unfold.
If you are formally investigated, you are entitled to formal notice of the allegations that you're facing. This detailed notice will help our team craft a personalized defense strategy unique to your situation alone. We may be able to resolve the situation at the investigative stage, especially if there is no sufficient evidence to substantiate the complaint that has been filed against you. If not, we may be able to present a defense so compelling that the situation is resolved via a settlement conference, resulting in only a reprimand, censure, or modest fine.
Most of the time, it is ideal to seek a discreet, favorable resolution to a situation in which a professional's hard-earned license is on the line. With that said, know that if we need to defend your license in a formal evidentiary hearing, we are going to be fully prepared to do so as efficiently and effectively as possible. With your livelihood on the line, we will do what is necessary to protect it, if your situation cannot be resolved as quietly, quickly, and amicably as one might hope.
In the event of a hearing, we'll work to present strong evidence on your behalf. We may need to call witnesses to testify for the defense, and we may need to cross-examine any witnesses who have been called to discredit you. We will argue on your behalf so that you can focus on presenting yourself as the responsible, capable professional that you are. We will do all we can to make sure that the state cannot find that you are guilty of misconduct “by a preponderance of the evidence” to a degree that warrants probation, suspension, or revocation of your hard-earned real estate license. But, because even the strongest cases can result in unfavorable outcomes from time to time, we'll remain ready to help you appeal any adverse action on the part of the Board, should it come to that.
Why You Need a Professional License Defense Team
As a knowledgeable professional, you may be tempted to navigate the situation that you're facing on your own. Especially if the complaint against you appears to be relatively minor, you may feel confident that you can refute the allegations successfully without seeking support. Unfortunately, this approach too often leads to ruinous results.
Defending against a professional licensing misconduct complaint is usually a highly complex undertaking. In addition to building a strong case and articulating it effectively, there are processes and procedures that must be navigated with exacting attention to detail. Raising objections, negotiating favorable outcomes, and handling evidence in specific ways are delicate processes. With so much at stake, you don't want to risk a misstep. Trusting your case to dedicated and trusted professionals who practice across Indiana and the U.S. will place you in the strongest possible position to safeguard your livelihood and your reputation.
Legal Assistance Is Available Now
Although the Board of the Indiana Real Estate Commission works hard to uphold the interests of real estate professionals across the state, it is also often under great pressure to make examples out of professionals who have allegedly engaged in wrongdoing. You can't count on the Board to be on your side, and you ultimately need to anticipate that it won't be. Given how much your real estate license represents for you and your family, it is important to work with legal professionals who will work tirelessly to defend your interests as your right to maintain your livelihood is scrutinized.
It's time to connect with the Lento Law Firm's Professional License Defense Team. We understand the value of both your license and your reputation, and we understand how to safeguard both. Seek personalized guidance and support today by calling 888-535-3686 or by contacting the Lento Law Firm online. Once we understand the details of your situation, we'll begin building the strongest possible defense on your behalf. We look forward to working with you.
