The Complaint Process
The Division is charged with ensuring that real estate professionals meet the minimum requirements to become licensed and once they are licensed, enforcing the professional standards of the license law. Consumers may file a complaint with the Division if they feel that an individual is performing real estate duties without a license, or if a licensed individual is not complying with the requirements of the practice act.
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Complaint Process

How to File a Complaint 

Complaints must be submitted in writing.  The Division does strongly encourage the use of the online complaint process. Written complaints may be mailed to the Colorado Division of Real Estate, 1560 Broadway Suite 925, Denver, Colorado 80202.

Please include the name and contact information of the person or company that you wish to file your complaint against.

Although you can reference a brokerage or company in the body of your complaint, the Division investigates and disciplines individual licensees.

If the complaint is not on a licensed individual, you may still submit a complaint if the individual was involved in unlicensed practice.

The Division does accept anonymous complaints.  If you wish to submit an anonymous complaint, please be as thorough as possible with the information pertaining to the licensee and the alleged misconduct.  

Please include copies of any supporting documentation that you feel is relevant to your complaint. 

The Complaint Process

Once your complaint is received, Division staff will review the complaint to determine whether we have jurisdiction over the subject of your complaint.  If it appears that we do not have jurisdiction over the complaint, we will notify you that the complaint has not been assigned for investigation. If the complaint appears to be lacking information for us to make a determination about jurisdiction, we will allow you to submit additional information to assist us in determining whether the complaint will be assigned for investigation or not.  If the complaint is within our jurisdiction, the complaint will be assigned to an investigator for investigation. You will receive notice regarding whether your complaint has been assigned for investigation or not within 12 business days of the complaint having been filed.

Once a complaint is assigned for investigation, the Division will notify the respondent, the licensee against whom the complaint has been filed, that a complaint has been submitted.  The respondent is required by regulation to submit a response and supporting documentation to the Division. The investigator will conduct witness interviews and gather any relevant evidence.  It is the Division’s goal to complete investigations within 240 days, but some complaints may take longer due to complexity, availability of witnesses and the Division’s workload.

Following the completion of an investigation, if there are no violations of the license law, the complaint will be dismissed with no further action taken.  If there appears to be violations of the license law, the findings will be presented to the appropriate regulatory board or commission for a disciplinary determination.  The Community Association Manager Program is a Director model, so the Division Director makes the disciplinary determination for that program. If the board or commission order discipline to be imposed, the case will be referred to the Expedited Settlement Program for settlement or the Office of the Attorney General for litigation.  The Expedited Settlement Program is located within the Division of Real Estate. The program’s goal is to resolve disciplinary cases within 90 days of the case being referred. If a case cannot be resolved by the Expedited Settlement Program, it will be referred to the Office of the Attorney General for litigation. Cases are litigated in the Office of the Administrative Courts and the hearing process may take over 18 months before a decision is issued by an Administrative Law Judge.  

If you are the complainant in a complaint, you may contact the Division at any time to check the status of your complaint.  The Division will notify you when your complaint is resolved, whether it is dismissed or results in disciplinary action. In cases where discipline has been imposed, the Division will also provide you with a copy of the disciplinary document.  The investigations themselves are closed to public inspection by law. If you filed an anonymous complaint, the Division will not be able to provide you with any information while the complaint is under investigation or if it is ultimately dismissed. Release of this information is prohibited by law.

The Division Licenses & Regulates

  • Appraisers and Appraisal Management Companies;
  • Mortgage Loan Originators and Mortgage Companies;
  • Real Estate Brokers and Real Estate Brokerages; and
  • Subdivision Developers.

Real Estate Contract Usage & Enforcement

  • Interpretation and enforcement of contracts and forms are civil matters that need to be addressed through appropriate civil means in the court system.
  • The Division is not able to enforce or interpret the language and usage of the Commission or Board approved contracts and forms.  
  • An attorney should be consulted related to matters of contract law or questions about how to best resolve any civil matters.

Homeowner Association (HOA) Complaints

Filing an HOA complaint The HOA Information and Resource Center and the Division does not have any investigative or enforcement capabilities to address HOA complaints. 

File an HOA Complaint

Alternative Options to Filing a Compliant

  • To find out what civil options may be most appropriate for your situation, you should speak with a licensed Colorado attorney. The Colorado Bar Association can be contacted at www.cobar.org or by phone at 303-860-1115.
  • Ethics complaints against a Colorado Realtor® can be filed with the Colorado Association of Realtors at www.coloradorealtors.com or by phone at 303-790-7099.
  • Many complaints against a mortgage holder or servicer can be addressed with the Consumer Financial Protection Bureau (CFPB) at www.consumerfinance.gov or by phone at 855-411-2372.

Anonymous Submissions

  • The complaint process allows for the submission of an anonymous complaint. However, simply sending a letter or email, indicating that you have concerns or suspicions about a transaction but do not want to file a complaint, or would prefer not to file a complaint until after we look into the matter will not result in any action by the Division.  
  • Remember, the only way to determine whether your concerns are potential license law matters is to file a complaint with the Division.

Resources

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