When the Division Thinks a Licensee is Violating Utah Real Estate Law
Introduction
The Utah Division of Real Estate (DRE) is responsible for regulating the real estate industry in Utah. This includes investigating complaints against licensees and taking disciplinary action when necessary.
Investigation
If the DRE receives a complaint against a licensee, it will typically conduct an investigation. This investigation may include:
- Interviewing the complainant and the licensee
- Reviewing documents
- Conducting an on-site inspection
Notice of Alleged Violations
If the DRE believes that a licensee has violated Utah real estate law, it will issue a Notice of Alleged Violations (NAV). The NAV will contain a detailed description of the alleged violations, as well as the potential penalties that could be imposed.
Pre-Hearing Conference
After the NAV is issued, the DRE may schedule a pre-hearing conference. This conference is an opportunity for the licensee to meet with the DRE and discuss the allegations. The licensee can also present evidence and arguments in their defense.
Hearing
If the pre-hearing conference does not resolve the matter, the DRE will schedule a formal hearing. The hearing will be held before an administrative law judge (ALJ). The ALJ will hear evidence from both sides and then make a decision.
Disciplinary Action
If the ALJ finds that the licensee has violated Utah real estate law, they may impose a variety of disciplinary actions, including:
- Revocation or suspension of license
- Fines
- Probation
- Education or training
Conclusion
The DRE takes its responsibility to protect the public very seriously. If you believe that a licensee has violated Utah real estate law, you should file a complaint with the DRE. The DRE will investigate the complaint and take appropriate action, if necessary.
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