Charges Against Real Estate Agents Dismissed
Victory Announcement: Attorneys James Beebe and James Goldsmith Secure Dismissal of Charges Against Licensed Real Estate Agents
We are pleased to announce a significant legal victory achieved by Attorneys James Beebe and James Goldsmith of Mette Law. Representing two licensed real estate agents, our team defended against allegations brought by the Pennsylvania Bureau of Professional and Occupational Affairs before the State Real Estate Commission.
The case revolved around claims that our clients had improperly accepted commission payments directly from title companies instead of through their employing broker, allegedly violating the Real Estate Licensing and Registration Act (RELRA). Additionally, the supervising broker and brokerage firm were accused of failing to oversee their agents adequately.
Our defense relied on key legal arguments:
- Good Faith Reliance on Broker Instructions: We demonstrated that our clients followed explicit instructions from their supervising broker, who directed title companies to disburse commission payments. Their actions were not independent but consistent with the practices established by their employer.
- Compliance with RELRA’s Intent: We argued that RELRA’s intent to prevent unauthorized or fraudulent transactions was not violated. The commission payments were fully transparent, documented, and recorded in compliance with applicable tax and legal standards.
- Lack of Harm or Improper Conduct: There was no evidence of subterfuge, harm, or misconduct. Our clients acted in good faith and within the framework provided by their supervising broker.
Although the Hearing Examiner recommended no penalties or fines for the licensees, the violations of RELRA would have still been a ‘mark’ on their otherwise spotless licenses. Knowing this, Attorney James Beebe and James Goldsmith continued fighting for their clients straight to the Real Estate Commission. After carefully reviewing the evidence and considering our legal arguments, the State Real Estate Commission dismissed all counts against our clients. The Commission concluded that the agents operated under the direction of their broker and did not violate the spirit of RELRA.
Advocating for Justice
This outcome reflects our firm’s dedication to defending the rights and professional reputations of Pennsylvania’s professional licenses. We commend Attorneys James Beebe and James Goldsmith for their outstanding advocacy and are proud to have helped achieve justice for our clients.
If you or your business face licensing disputes or other legal challenges, our experienced legal team is ready to assist. Contact us today to learn more about how we can help protect your interests.