Each complaint within the jurisdiction of the Department of Real Estate is assigned to an Investigator for review. The Investigator sends each individual; entity or developer (respondent) involved a copy of the complaint and a request for a written response. The Investigator contacts witnesses, gathers evidence, and may contact the complainant and/or the respondent(s) for additional information. After the assigned Investigator completes the investigation, the Department determines whether there is sufficient evidence to substantiate a violation(s) of Arizona real estate laws or Commissioner’s Rules. Based upon that determination, one of the following decisions is made:
- Close the file without action.
- Refer the case to the Attorney General’s Office for prosecution.
- Negotiate settlement by means of a consent order.
Administrative sanctions are not pursued unless warranted by a preponderance of the evidence.