Real Estate Commission and Real Estate Appraisers Board

Defending Real Estate License Complaints

The law is complex, and complaints before the South Carolina Real Estate Commission and South Carolina Real Estate Appraiser’s Board are not uncommon.  Proper record keeping is critical.

Common Real Estate Complaints

Common complaints filed against South Carolina real estate professionals whether a licensed sales agent, broker, or property manager include:

  • Failure to properly maintain a trust account, including comingling of finances and failure to maintain sufficient funds;
  • Failure to ensure that accurate and complete records are maintained;
  • Failure to make available or produce required records upon request and/or failure to maintain records as required by law;
  • An accusation of practicing while under the influence of drugs or alcohol or failure to abide by the participation monitoring agreement when referred to the Recovering Professionals Program (RPP),
  • Aiding or abetting the unlicensed practice of another or failure to adequately supervise employees;
  • Falsification of records or failure to disclose required information in an application or during the renewal process;
  • Violating the applicable rules of ethics; and
  • Failure to maintain current information with LLR.

Common South Carolina Real Estate Appraiser Complaints include:

  • Failure to appropriately define the scope of work;
  • Failure to include supportive analysis;
  • Failure to select appropriate comps or make locations adjustments;
  • Failure to include sufficient information to enable the intended user to understand the report;
  • A violation of the Uniform Standards of Professional Appraisal Practice (USPAP);
  • Assignment of work to an intern appraiser or unlicensed individual.

Regardless of the nature of the allegation against you, our attorneys will defend your South Carolina real estate license.  We are here to provide guidance from the investigative process through the final board hearing. We defend South Carolina licensed real estate professionals. 

South Carolina Professional License Attorneys 

Changing With the Practice

As technology continues to develop, the nature of the practice is changing. Recently, one of our attorneys successfully challenged a complaint brought against a client who utilized a desktop review to conduct a limited review of a prior appraisal.

Although the client’s task was limited to affirming the value of the original appraisal or suggesting that a field appraisal be conducted, the State contended that the client had conducted a property valuation, classifying the work as a review appraisal.

The State contended that the client violated USPAP competency rule and Rules 1-4(a), 2-1(a) and 3. After presentation of written and oral argument, the complaint was dismissed.

Defending South Carolina Licensed Real Estate Professionals

Regardless of the nature of the alleged practice violation, our attorneys will prepare a tailored defense, advocate on your behalf, and ensure you are prepared in the event of a required board appearance.

If you have been offered a consent agreement, we will review the evidence in conjunction with the law and help you determine whether to request a hearing before the Board.

LLR Disciplinary Action

Depending upon the nature of the complaint, possible disciplinary action may include:

  • A public reprimand;
  • Probation, suspension, or restriction of continued practice;
  • Fines (civil penalties);
  • Completion of continuing education courses.

Our professional license defense attorneys understand the impact that public disciplinary action and practice based restrictions can have upon your continued practice.  We will aggressively defend your right to continued practice, argue against  proposed public disciplinary action and practice based restrictions. 803-227-4254.