Real Estate Agent Defence Lawyer for RECO Professional Misconduct Complaints, Investigations, and Discipline Hearings

Real Estate Agents and Brokers in Ontario are governed by the Real Estate Council of Ontario (RECO) which acts as the province’s regulatory body for the profession. Anyone wanting to refer to themselves as a "Real Estate Agent" or "RE Agent" must be licensed by the RECO. RE Agents are required to follow all RECO rules and regulations. Sometimes agents are the subject of complaints of professional misconduct which can lead to compliance investigations and disciplinary action being taken. If any professional misconduct is found or you are determined to be practicing while unlicensed, your career could be put at risk.

RECO has the power to investigate potential claims of misconduct that arise from complaints from clients, members of the public, and other agents. Sometimes disciplinary action is taken as a result of criminal charges being laid or upon the completion of a brokerage inspection that can be conducted at any time. If any professional misconduct, incompetence or incapacity is found your designation could be put at risk. This can include mistakes, ethics violations, fraud, elder abuse, sexual misconduct or a lack of mandatory reporting or self-reporting compliance.

Since all agents must be authorized by RECO to practice, losing RECO credentials or having restrictions placed on your practice can have a devastating impact on your career and future employability/earning potential.

It is easy to be accused of professional misconduct because filing a complaint with RECO is an easy process available to anyone.

It is relatively easy to be subject to a RECO complaint as the regulator encourages members of the public to submit complaints on their website, see: https://www.reco.on.ca/complaints-enforcement/want-file-complaint/.

Once a complaint is filed RECO has a mandate to investigate it. The agent will be asked to provide supporting documentation and allow access to their books and records for analysis. The complaint may then be elevated to a hearing or tribunal to hear evidence, witness testimony, and evaluate whether sanctions are warranted.

Potential penalties resulting from RECO investigations and business inspections

RECO discipline hearings, appeals and judicial reviews can have a devastating impact on an agent's career if not handled properly.

RECO's registrar and discipline committee have broad powers to discipline agents who are found to have violated the Real Estate and Business Brokers Act, such as:

1. Reprimands, cautions, and warnings
2. Revoke the agent's Membership Diploma, Membership Card and/or Registration Certificate
3. Impose terms, limitations or conditions on the agent's Certificate of Registration
4. Disallowing the agent from marketing
5. Pay fines and restitution for 3rd party losses
6. Provide funding for sexual abuse counselling
7. Undertake rehabilitation counseling
8. Work under the supervision of other agents
9. Undergo practice and office inspections
10. Loss of the permission to use any designations related to being a "Real Estate Agent" or "Real Estate Broker" in Ontario.
11. Refer the matter to the police for a criminal investigation to take place, particularly in cases where sexual assault or abuse is alleged

RECO hearings and discipline proceedings are also open to the public meaning the agent’s reputation is put at risk. The result of the proceedings will be published online and may show up in online searches for the agent’s name or practice. Having a history of disciplinary action or complaints can damage the agent’s reputation which can cause them to lose existing clients (or job opportunities) and scare off new ones.

Any investigation by the RECO is an extremely serious matter that an agent must successfully respond to.

Ignoring the complaint is not an option as agents are required to respond, produce documents, and fully cooperate with the investigation along with any subsequent hearings, tribunals, and appeals. If you or your practice is the subject of a RECO complaint, investigation, or hearing, it is in your best interest to hire a lawyer to help you respond to and defend the claims being made against you. You may be targeted for something that is standard practice or behaviour that was reasonable in the circumstances.

A lawyer can help you formulate your best possible response to RECO which is the first step in having the complaint against you (hopefully) dismissed. This is a process that often requires substantial research of the applicable statutes, regulations and generally accepted sales practices along with prior case precedents that may demonstrate you did nothing wrong or that any mistakes, errors, or omissions made do not warrant significant sanctions being placed on you or your practice.

While it is best to obtain legal representation from the beginning of the complaint process, it is also essential that you have legal representation if your matter has already been elevated to a hearing or tribunal, or you need to appeal a decision via a judicial review or action in the court of appeal. Whether you have just been notified that you are the subject of a complaint or your matter has been ongoing for quite some time, give us a call today for assistance and a free no obligation quote.

---

You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those facing professional regulatory body complaints and investigations throughout Ontario, Canada.

Have a skilled lawyer represent you and protect your professional license, standing, and reputation.




Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only. Not all cases are handled personally by Mark Zinck, nor does Mark Zinck warrant to be an expert in or practice in all areas of law and topics discussed on this website including, but not limited to, civil, administrative, and/or regulatory law.

*2024 Results: the percentage of 99% of clients avoiding a criminal record (conviction) stated on this page is based solely on Lawyer Mark Zinck's personal representation of approximately 2000 criminal defence case clients as of the year 2024. Past results are not necessarily an indication of future results.

---