Request an Investigation
Georgia's real estate license law provides that "The Commission may, upon its own motion, and shall, upon the sworn written request of any person, investigate the actions of any applicant for licensure, real estate broker, associate broker, salesperson, or real estate courses and instructors approved by the Commission." The law limits the Commission's investigation authority solely to issues related to the real estate license law.
The Commission's investigations do not determine whether a violation of any other area of law has occurred. For example, the Commission cannot settle such issues as disputes regarding earnest money, repairs to property, or payment of fees to licensees. The law of contracts control these issues. If the parties cannot resolve such issues themselves, they should consult an attorney or the small claims court of their county for assistance.
Anyone who files a request for investigation with the Commission and has suffered a financial loss should not wait for the results of a Commission investigation before consulting an attorney. The Commission cannot replace a financial loss. The law allows the Commission only to reprimand, suspend, or revoke a license and/or impose fines, education requirements, and/or require reports from an independent accountant.
The Commission may only investigate licensed real estate brokers and salespersons or unlicensed persons performing the acts of a broker. It cannot take action against an unlicensed individual who may be an owner or builder acting as a principal on his or her own property. The public and all licensees should understand the following facts regarding Commission investigation:
- When the Commission initiates an investigation no one should make the inference that the Commission believes a violation of the law has occurred or is charging a licensee with a violation. Only after reviewing the results of an investigation might the Commission allege that a violation has occurred and bring charges against a licensee. The Commission, not the person who requested the investigation, is the Complainant in the matter.
- The investigator keeps all information that he/she gathers confidential.
- The investigator reports the facts gathered in the investigation but not the names of the party or parties involved. In this way the Commission evaluates and judges only on the relative merits of the evidence.
- Unless the Commission orders a formal hearing, the name of the person requesting the investigation and all other materials in the investigative file remain confidential and closed to the public.
To initiate and investigation, you need to download complete and submit the Request for Investigation GREC Form.