How to File a Complaint Against a Real Estate Agent in Florida

Filing a Complaint Against a Real Estate Agent

Gather evidence that supports your complaint against the agent. The more documentation of misconduct or ineffectiveness you can provide, the more likely your complaint will be taken seriously. Include copies of any supporting paperwork with your complaint. This could include correspondence between you and the agent, listing agreements, rental or sales agreements, canceled checks, and more. The copies you provide must be legible so they can efficiently be reviewed by the Real Estate Division of the Florida Department of Business and Professional Regulation (DBPR). Provide only one copy of every form and document to the DBPR, and keep one for your records.

Acquire the Uniform Complaint Form. Use this form for all complaints related to Florida real estate. Print it from the Internet or obtain it from the DBPR Real Estate Division office. The required Uniform Complaint Form (RE-2200-2) is available here. You may also call the Real Estate Division office at 1-850-487-1395 to obtain a form if you do not have Internet access.

Complete the Uniform Complaint Form. Fill out the form completely and honestly if you hope to have your complaint succeed. Indicate the nature of your complaint by placing a check mark in the appropriate box. The options provided include "unlicensed activity," "escrow deposit," "appraisal," and "property management." You can also choose "other" and indicate the nature of your complaint in the field provided. Provide your name, occupation, address, phone number, and email address in the appropriate fields. Write a detailed description about your complaint in the field for "Complaint Description." If you run out of room on the form for your description, you can use and attach additional sheets. Enter your attorney's information if you have hired one to assist you with your complaint. Provide the name, business, and contact information for the agent you are filing the complaint against under the section for "Subject of Complaint." If you are familiar with the agent's private attorney information, you can provide documentation for that as well. Enter the names and contact information for up to two witnesses into the appropriate fields, then sign and date the complaint form.

Mail the completed form and supporting documents. While it might be easier to email or fax your packet, it is clearly stated that complaints must be provided in writing and by mail. Address your envelope to: ATTN: Consumer Complaints Section, DBPR, Division of Real Estate, 400 West Robinson Street, Suite N801, Orlando, FL 32801.

Wait for a response and hope for the best. If the DBPR decides your complaint has merit, it will contact the agent with a copy of the complaint. The agent will either be required to respond to your complaint or the DBPR will open a confidential investigation into your complaint. If an investigation is opened, all information pertaining to the complaint will be kept confidential for ten days to ensure it is handled appropriately, without interference from either party. In some cases, the DBPR may request additional documentation from you to aid them in their investigation of your complaint. If so, you must provide the additional documentation within 30 days to prevent the DBPR from closing your case.

Filing a Grievance Against a Realtor

Establish that the real estate agent is a Realtor. While commonly used to designate any real estate agent, the title Realtor is actually a trademarked term of the National Association of Realtors. If the agent is a Realtor, you can file a grievance with that organization. Regardless, you can file a complaint with the Florida DBPR (as described elsewhere in this article) against any Florida real estate agent.

Consult the Realtors Code of Ethics. The National Association of Realtors produces and regularly updates a code of seventeen articles that defines appropriate professional behavior for members. Think of this as the legal code that will determine the result of your case. Successful grievances link Realtor misconduct to a violation of at least one of these seventeen articles.

Prepare your complaint. To prepare a grievance, specify your complaint in a narrative description of your dealings with the Realtor. Assemble documents that will support your claims as well. Describe your complaint in detail. Remember to connect it directly to a violation of at least one article of the Code of Ethics.

File your grievance. The process of filing a complaint may vary by local and statewide organizations within the National Association of Realtors. Contact the appropriate local, regional, or statewide branch for information. For instance, a Realtor in central Florida may be a member of the Orlando Regional Realtors Association (ORRA), so you would contact them for filing information.

Prepare for a hearing. If your complaint is determined to be legitimate by a Grievance Committee (which acts essentially as a grand jury), a hearing will be scheduled before a Professional Standards Hearing Panel. The hearing will operate similar to a legal proceeding, and the burden of proof lies upon you to provide “clear, strong, convincing” evidence of misconduct. You should definitely plan to attend the hearing. You can retain an attorney if you desire, and you can call witnesses during the hearing. As an entity within the National Organization of Realtors, the Panel has the power to suspend or terminate the membership of a Realtor. They have no right to levy fines or suspend or terminate a real estate license, however; this power rests only with the state of Florida. Remember that, if the agent is a Florida Realtor, you can file a grievance with the organization and file a complaint with the DBPR Division of Real Estate. These are separate processes with separate possible outcomes.