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Grec Rules DisciplinaryComplaint_processMEDIUM

A consumer files a complaint with the Georgia Real Estate Commission against a licensee. The licensee's attorney argues that because the consumer has also filed a civil lawsuit seeking monetary damages over the same transaction, the GREC complaint should be dismissed. Which statement about the GREC complaint process is correct?

Correct Answer

D) The complaint process may include records requests, interviews, investigation, and possible resolution by consent order or formal hearing.

Under Georgia law and GREC procedures, the Commission's complaint process is a regulatory proceeding independent of any civil action. It typically involves multiple stages including investigation, records requests, witness interviews, and may be resolved through a consent order, formal hearing, or dismissal. The existence of parallel civil litigation does not preempt or limit GREC's regulatory authority over licensee conduct. See O.C.G.A. § 43-40-25 and GREC Rules Chapter 520.

Answer Options
A
The Commission's complaint process is limited to reviewing the final closing documents and cannot extend to pre-closing communications.
B
GREC must suspend its investigation until any related civil litigation is fully resolved before proceeding with disciplinary action.
C
A GREC complaint is automatically dismissed when the same parties have a pending civil lawsuit over the same transaction.
D
The complaint process may include records requests, interviews, investigation, and possible resolution by consent order or formal hearing.

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georgiastate_portioncomplaint_processgrec_rules_and_disciplinary
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