Investigations - Tab

 

 

INVESTIGATIONS

The Director may, on the Director’s own motion, and shall, on the complaint in writing of any person, cause to be investigated the acts of any manufacturer, dealer, broker, salesperson or installer. 

The Investigations Section investigates the following types of allegations as they relate to licensees of the Department:

  • Failure to work within the scope of the license held;
  • False, misleading and/or deceptive sales practices in the sale or offer of sale of a mobile home, manufactured home, or factory-built building designed for residential use;
  • Failure of a dealer or a broker to utilize earnest monies for the purpose for which they were provided;
  • Failure of a dealer or a broker to deposit earnest monies into the trust or escrow account;
  • Failure of a dealer or a broker to consummate a sales transaction prior to the withdrawal of earnest monies from a trust or escrow account;
  • Aiding and abetting an unlicensed entity or person;
  • Failure of a dealer or a broker to report a sale to the Department and to remit the required recovery fund assessment fee, if applicable;
  • Failure of a dealer or a broker to provide all agreed on goods and services;
  • Failure of a salesperson to promptly place all cash, checks and other items of value and any related documents received in connection with a sales transaction in the care of the employing dealer or broker;
  • Salesperson representing or attempting to represent a dealer or broker other than the salesperson’s employing dealer or broker;
  • Failure to disclosure or subsequent discovery by the Department of facts which, if known at the time of issuance or renewal of a license, would have been grounds to deny the issuance or renewal of a license;
  • Acting as a salesperson while not employed by a dealer or broker;
  • Acting as a licensee while the license is under suspension or in any other invalid status;
  • Acting as a licensee in a name not on the license;
  • Conducting business at an unlicensed location;
  • Failure of a dealer or a broker to maintain records for a period of three years.

The Department does not have statutory authority in several areas. Below is a partial list of the types of allegations we will not investigate:

  • Failure of a dealer or a broker to pay commission(s) to a licensed salesperson;
  • Forgery;
  • Harassment or threatening behavior;
  • Libel and/or slander;
  • Conduct of a party in a private party transaction;
  • Alleged wrongdoing on the part of a title company or on the part of an escrow agent;
  • Alleged wrongdoing on the part of a financial institution;
  • Alleged wrongdoing with regards to the sale of real property;
  • Alleged wrongdoing with regards to the sale of a park model.