More than two (2) years and four (4) investigators; three (3) of which never communicated with my husband or me. Moreover, the one investigator that did communicate with us spent most of his time delaying our investigation due to the case overload and lack of investigators available in their offices. The first investigator stated that he was going to be attending the trial slated for June 2010 as part of his investigation. The trial was delayed, and TREC failed and/or refused to have the investigator on file attend the trial when it went forward in September.
Still, on September 17, 2010 a jury verdict was rendered against our Realtor / Broker; finding them guilty of statutory fraud, negligence and the Texas "Deceptive Trade and Practices Act" (DTPA). A guilty verdict! And yet TREC has cleared her of all wrong-doing.
Frustrated and disgusted with TREC's two (2) years of failing to investigate this matter; On October 4, 2010, our attorney contacts TREC and sends an email to the investigator on file at that time:
S----:
The case against the real estate agents has half of an answer. The case against the sellers’ agents, P----- and A-----, was dismissed and refiled because their attorney tried three times to escape trial with a continuance and showed up on the date of trial and acted very strange and ill like and rather than wait another 60 -90 days, we decided to try the case against the buyer’s agent, Deboroah M----. The jury found she committed negligence, violated the Texas Deceptive Trade Practices Act and did so knowingly and most importantly, they found she committed STATUTORY REAL ESTATE FRAUD!
At this point, what else is necessary? A verdict of her peers, her fellowcitizens found she committed REAL ESTATE FRAUD!!!!!! ------ County
I have attached the jury verdict for your review. You should also note that I called her as a hostile witness during my prosecution of the case. Her attorney did not offer any rebuttal or rehabilitation of her cross-examination. I assumed he would call her during his defense. He did not. He did not offer a single witness to controvert anything presented at trial. She, Deborah M----, never tried to defend herself. ‘
I have been told since the beginning to wait for the outcome. I am sure the expected response was that the case would settle. It did not. Your real estate agent, licensed by you, committed fraud in a real estate transaction. At this point, I am hopeful, but not confident, something will be done by TREC. I have done everything I can but if TREC can not or will not act, I will have no choice but to go to the press with this matter. I will wait for your response before I do anything. Let me know. You can and should call my cell: --- --- ----
It appears that as a result of neglecting the investigation of our case for over two years; and the subsequent threat of our attorney to take this information to the media; TREC has chosen to neglect the facts in this case, including facts presented in a civil court of law supported by witness testimony given under sworn oath before a judge and jury.
The bottom line:
- TREC's last three investigators have never spoken to my husband or me.
- TREC admittedly did not read and consider all of the "voluminous" evidence. I guess two (2) years wasn't long enough.
- TREC didn't take into consideration the evidence presented and testimony of witnesses given under oath during a civil trial.
Why didn't the new investigator assigned to our case attend the trial, observe the and documents as they were presented as well as the testimony given under sworn oath before a judge and jury? Moreover, how can TREC totally disregard these facts and testimony that was presented in a court of law while their investigation was still active?
I really can't write more at this time. I feel like I am having a heart attack.
