Q: Broker appeal REB decision? VA Supreme Court rule 2A:2(b) & 2A:4 within 30 days? What do I need to do? Thanks.
18VAC 135-20-160.B: There was incorrect DPOR form on file intended for mailing purposes. Since corrected. However, I sent them 4 other documents, including clerk of court certificate, that clearly indicate place of business address. Plus, a site visit was never done inside the residence. A site visit was completed at business address. They really haven't established that a violation actually existed.
18VAC 135-20-190.B Someone did not like a banner image on my website. It has our real estate group name. However, The firm's name is also clearly visible on the banner. Plus, elsewhere on the web page. There is no violation of this code.
I did IFF Conference. They said credible explanation. But did not close. Sent to REB. No fines. 6 month probation. I have to take a class.
I sent an appeal to Director of DPOR. They sent back kind of cryptic worded letter. Something else I need to do within 30 days?
REB states "Substantial Evidence". Not true. Why I can't let it go. Thanks
A:
There's an old (very old) saying most popularly attributed to Abraham Lincoln - see https://quoteinvestigator.com/2019/07/30/lawyer/
In the past I have served on a state board, and represented others before state boards. The process is technical and full of traps - you need a lawyer.
I remember one case where I represented an individual who was opening their business and expected to be open in 60 days; the yellow pages printing deadline - for a book to be out in 6 months - was present and client wanted their business listed so they bought an ad, with a clear "appointment required" in it and no address. Due to a bureaucratic error elsewhere the business didn't get opened before the publication, and an investigator saw the ad, opened a complaint, and the IFC (informal fact-finding conference) did a slap-the-wrist penalty such as happened to you. Part of it was that one member of the IFC never excused anyone who appeared before her. We did win on appeal - to keep the alleged violation 'off her record' - and the good news is that the IFC members cannot sit in the appeal hearing (precedent set by the board I served on losing a case in the Virginia Supreme Court). I'm not sure I'd recommend to my client it again. The process was an expensive pain in the neck for the client despite my familiarity with it.
By the way - I no longer practice in this area of law.
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