Do I have to report criminal charges to the Real Estate Commission?
QUESTION: An agent in my firm has just been charged with driving while impaired. Don’t I as the firm’s broker-in-charge have the duty to report the charge against him to the Real Estate Commission?
ANSWER: Real Estate Commission Rule 58A.0113 requires that “[a]ny broker who is convicted of any felony or misdemeanor…shall file with the Commission a written report of such conviction or action within 60 days of the final judgment, order, or disposition in the case.”
Since your agent has only been charged with the misdemeanor of driving while impaired, there is no obligation to report anything to the Commission at this time. However, if he ultimately is convicted of DWI, he would be required to report the conviction to the Commission within 60 days of the date of the conviction. The conviction can be reported online on the Commission’s website here or by completing and mailing a paper form available on the Commission’s site here.
In any event, you are not required as the agent’s BIC to report the conviction; the reporting obligation lies with the agent. Of course, you don’t want him to get in trouble with the Real Estate Commission. both for his sake and the sake of the firm. Thus, you should make sure your agent is aware of the reporting requirement because he can be disciplined for failing to report the conviction, even though the conviction itself may not result in disciplinary action.
Release Date: 01/19/2016; revised 9/27/2017
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