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Complaint Process - Investigations
The Oklahoma Real Estate Commission will initiate a formal investigation upon the filing of a formal complaint by the public or the "Commission" when such complaint alleges a violation of the licensing law.
A complaint should not be filed with the Commission in hopes of changing an agreement, voiding a contract, or attempting to solve a civil dispute. In those cases, you should consult with an attorney.
The complaint should consist of a brief, chronological explanation of the facts which should be stated in the order in which they occurred. Copies of documents, such as contracts, closing statements, cancelled earnest money checks (front and reverse), or any other article that will assist in validating your complaint should be attached to the complaint. Avoid conclusions or opinions. The complaint should be PRINTED or TYPED.
Once the complaint has been filed with our office an initial investigation will be conducted by the Investigations Department. (If sufficient information has not been obtained through the investigation, a preliminary session will be scheduled before a case examiner (attorney) and your presence will be required.) Upon completion of the investigative process, the investigator (or attorney) will prepare and submit a report to the Commission at a regularly scheduled meeting. The Commission will either dismiss the case or order a formal hearing. You will be notified as soon as possible after the decision of the Commission.
When formal hearings are directed by the Commission, the complaining party becomes a witness for the "Commission" and will be required to appear and testify concerning the facts set forth in the complaint.
Your complaint must be signed and notarized if on a form not provided by the Commission to be accepted. Send your completed complaint to:
Oklahoma Real Estate Commission
PLEASE BE ADVISED THAT ALL INFORMATION YOU SUBMIT TO THE COMMISSION WILL BE A MATTER OF PUBLIC RECORD.
ALL SOCIAL SECURITY NUMBERS MUST BE MARKED OUT ON ALL SUBMITTED DOCUMENTS
When a sworn complaint has been filed against a real estate licensee, the licensee shall be notified immediately and be provided an opportunity to file an answer within fifteen (15) days of the notice. Subsequent to the fifteen day answer period, an investigation or Preliminary Investigative Session may be conducted. The investigation or Investigative Session will be under the supervision of the Executive Director of the Commission. A Prosecutor may be designated to examine the results of the investigation and/or conduct a Preliminary Investigative Session. In the name of the Commission, 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, a written report of all findings shall be submitted to the Commission. Following receipt of the report, the Commission shall determine whether or not formal charges should be lodged and a Formal Hearing ordered. If a Formal Hearing is ordered, the state becomes the complainant and you become a witness for the state.
After the Preliminary Investigative Session or the investigation has been completed, you may call the Investigations Department during the first week of the month to determine if your case is on the agenda for the meeting during that month. The Real Estate Commission normally meets the second Wednesday of each month.
INVESTIGATION: Commission staff interviews the complainant and respondent and any other relevant parties to the transaction to obtain information in connection with the allegations. Researches and compiles information and formulates a report.
PRELIMINARY INVESTIGATIVE SESSION: Informal meeting between the complainant and respondent, conducted by a Prosecutor to obtain information from the parties in connection with the allegations.
FORMAL HEARING: A hearing held in accordance with the Administrative Procedures Act and conducted before the Commissioners or a Hearing Examiner with a court reporter present. All witnesses are sworn.
PROSECUTOR: Attorney for Commission who reviews investigative reports or may conduct a Preliminary Investigative Session to gather information in connection with the allegations, and then makes recommendations to the Commissioners.
HEARING EXAMINER: An attorney for the Commission who conducts a Formal Hearing and acts as an Administrative Law Judge.
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