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What Happens After a Complaint is Filed

After the filing of a sworn complaint against a real estate licensee, the licensee receives notification immediately and has an opportunity to file an answer within fifteen (15) days of the notice.  Following the fifteen-day answer period, the Commission conducts an investigation or Preliminary Investigative Session.  The Investigative Session, in addition to the investigation itself, is under the supervision of the Executive Director of the Commission.  A designated Prosecutor may examine the results of the investigation and/or conduct a Preliminary Investigative Session.  On the Commission’s behalf, the Prosecutor may subpoena witnesses, take testimony by depositions, and compel the production of records or documents bearing upon the complaint.

Upon completion of the investigation or Investigative Session, the Commission receives a written report of all findings.  Following receipt of the report, the Commission shall determine whether to proceed with formal charges and to order a Formal Hearing.  If a Formal Hearing is ordered, the state becomes the “complainant” and you (the complainant) become a “Witness for the State.”

After the Preliminary Investigative Session or the investigation is finished, you may call the Investigations Department during the first week of the month to determine if your case is on the agenda for that month’s meeting.  The Real Estate Commission normally meets the second Wednesday of each month.

Definitions

INVESTIGATION: Commission staff may interview the complainant and respondent and any other relevant parties to the transaction to obtain information in connection with the allegations.  The investigator, after researching and compiling information, will subsequently write a report.

PRELIMINARY INVESTIGATIVE SESSION: A preliminary session is an Informal meeting, conducted by a Prosecutor, between the complainant and respondent to obtain information relevant to the allegations.

FORMAL HEARING: A hearing held in accordance with the Administrative Procedures Act and conducted before a Hearing Examiner with a court reporter present.  All witnesses give sworn testimony during a Formal Hearing.

PROSECUTOR: The Prosecutor is an attorney for the Commission who reviews investigative reports, or conducts a Preliminary Investigative Session, to gather information relevant to the allegations, and then makes recommendations to the Commissioners.

HEARING EXAMINER: The Hearing Examiner is an attorney for the Commission who conducts a Formal Hearing and acts as an Administrative Law Judge.

Quick Links:

No.

The fact that the owner is your mother does not by itself create a real estate license exemption.

Oklahoma law contains exemptions for owners and certain other persons or entities acting with respect to property they own or lease. Those exemptions do not automatically extend to a relative simply because the owner is a family member.

If you are managing real estate owned by someone else, you should determine whether a specific statutory exemption applies before performing activity that requires a real estate license.

You may contact a real estate attorney to determine if your specific scenario applies as an exemption to our licensure requirements. 

No.

Oklahoma law specifically prohibits a real estate licensee from offering, loaning, paying, or making it appear that the licensee paid a down payment or earnest money deposit for a purchaser or seller in a real estate transaction.

This is a specific prohibited act under Oklahoma Statute 59 Section 858-312. 

OREC-created and Commission-approved forms are available for licensee use by logging into your License Portal.

All other forms are available for consumer use may be found here. 

OREC regulates Oklahoma real estate licensees and licensed real estate activity.

Disputes between landlords and tenants are civil matters that must be addressed through the courts or with the assistance of a private attorney. These issues often involve lease agreements, rent, deposits, or repairs, which fall outside the authority of the Oklahoma Real Estate Commission.

The Commission does not mediate, investigate, or resolve landlord-tenant disputes.

Please contact your local municipality or seek legal aid here.

OREC can provide information regarding the Oklahoma Real Estate License Code and Rules, OREC forms and compliance requirements.

OREC cannot:

• Interpret a private contract for a party.

• Decide a contractual dispute.

• Tell someone whether they should cancel, close, terminate or enforce a contract.

• Provide legal advice.

A licensee should consult the licensee's broker regarding brokerage and transaction questions. A person needing legal advice should consult a real estate attorney.

No.

OREC staff cannot interpret a contract for an individual party or advise that person regarding contractual rights or remedies.

Questions about the meaning or enforcement of a contract should be directed to the appropriate broker or a real estate attorney.

The OREC Assistant Chatbot can provide general information about:

• Real estate licensing.

• License renewal and activation.

• Continuing education.

• OREC applications and processes.

• Oklahoma Real Estate License Code and Rules.

• Examination requirements.

• OREC complaint procedures.

The OREC Assistant Chabot cannot:

• Give legal advice.

• Interpret a private contract.

• Decide whether a person will win a legal dispute.

• Determine whether particular conduct violates the law when the answer depends on disputed facts.

• Determine whether a criminal history will result in approval or denial of a license.

• Tell a consumer that OREC has jurisdiction over a matter outside OREC's regulatory authority.

• Tell a user to contact OREC for a private transaction decision that OREC staff cannot make

• Provide legal interpretation or suggest specific Contract Forms.

• Assist users in circumnavigating license code and rules or assisting in avoiding obtaining licensure or other requirements in the License Code. 

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