Can citizens or licensees call the Department requesting legal assistance or interpretations concerning real estate or real property law matters?
Real estate licensing unit staff receives many telephone calls from licensees and the public requesting legal advice on real estate matters. The licensing unit does not have in-house legal counsel, nor can legal advice be provided to either licensees or the public. Circumstances that involve the license law and/or rules’ statutory provisions or regulations can be discussed. Staff is often asked if an experience someone has with a licensee is in accordance with the statute. Callers are always encouraged to file a complaint if the caller feels that the licensees’ actions have resulted in causing them harm. However, staff cannot determine ultimate legal conclusions or give any direction in areas outside the scope of the Occupational Code and Administrative Rules. Broker’s trust account books and records can become a large storage problem. Does the Department see any violation if these books and records are maintained in a medium other than paper? How long must the records be kept? Rule 31
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