Is Filing a TALCB Complaint Right for You?
The Texas Appraiser Licensing and Certification Board (TALCB) plays an important role in regulating real estate appraisers and appraisal practices in Texas. Part of that includes investigating complaints against license holders and those who conduct unlicensed appraisal activities. But filing a complaint with TALCB might not be the right solution for your situation. Make sure you know what to expect before you file a complaint.
TALCB licenses and regulates real property appraisers, appraisal management companies (AMCs), and unlicensed appraisal activities.
- Violations of the Texas Appraiser Licensing and Certification Act; the Texas Appraisal Management Company Registration and Regulation Act, and TALCB Rules.
- Noncompliance with the Uniform Standards of Professional Appraisal Practice (USPAP). USPAP is the generally recognized ethical and performance standards for the appraisal profession. Appraisals must comply with USPAP.
- Unlicensed appraisal activity. Individuals must be licensed to perform appraisal and appraisal management activities.
There are several parties and practices that can be involved in an appraisal process that TALCB does not have jurisdiction over. Here are the most common types of complaints that are dismissed and some options outside of TALCB.
TALCB Does Not Mediate Value Disputes
TALCB cannot investigate complaints solely about value. TALCB will not provide another appraisal on your property and cannot order an appraiser to redo or correct an appraisal.
What to do instead: You may be able to request a reconsideration of value. This is a request to the appraiser to reconsider their analysis and conclusions based on additional information. In mortgage finance transactions, only your lender can request a reconsideration of value. Reach out to your lender to learn their process for submitting a reconsideration of value.
TALCB Does Not Regulate Property Tax
Property tax assessments are not regulated by TALCB. Property tax professionals and consultants are regulated by the Texas Department of Licensing and Regulation (TDLR).
What to do instead: Complaints against property tax professionals or property tax consultants should be filed with TDLR.
TALCB Does Not Regulate Business Practices
TALCB cannot address business practice issues, such as customer service issues.
TALCB Does Not Regulate Broker Price Opinions
What to do instead: Broker price opinions are regulated by the Texas Real Estate Commission. Complaints about broker price opinions should be filed with TREC.
TALCB Does Not Regulate Evaluations
Evaluations are regulated by the federal agencies.
What to do instead:
- File A Complaint Against State Non-Member Banks. You may file a complaint against banks that are not members of the federal reserve system with the Federal Deposit Insurance Corporation (FDIC).
- File A Complaint Against National Banks. You may file a complaint against commercial banks whose charter is approved by the Office of the Comptroller of the Currency with this office.
- File A Complaint Against State Member Banks. You may file complaints against banks that are state-chartered and members of the Federal Reserve System with the Federal Reserve Board.
- Get details about the appraisal process.
- The Complaint Overview Handbook explains the complaint process.
- TALCB is a neutral third party. It does not represent the complainant or the respondent.
- Open complaints are confidential. Under Texas law, we can only provide you with the status of your complaint. Once a complaint is closed, you can submit a public information request for case information.
- Complaint resolution times vary. All cases are different and vary in complexity. It is impossible to predict how long each case will take to resolve. TALCB works hard to ensure that each case is thoroughly investigated.
If the complaint and supporting documents meet TALCB’s basic requirements, the complaint is opened for investigation. The "respondent" is the person who is the subject of the complaint. TALCB will sent notice of the complaint to the respondent and request a response. Once a response is received, the investigation will begin. TALCB may abate, or pause, an investigation if the complaint is involved in pending civil or criminal litigation or if the complaint alleges discrimination and is referred to the Texas Workforce Commission Civil Rights Division. If this happens, TALCB will notify you and give you instructions on how to move forward.
- TALCB doesn’t have legal authority. For example, complaints solely disputing value or relating to business practices do not fall under TALCB jurisdiction. If another agency would be better able to assist, we will provide you with their contact information.
- It isn’t signed. TALCB cannot investigate anonymous complaints.
- The alleged violation happened more than four years ago. The alleged violation must have occurred within the previous four years.
TALCB’s investigators gather and review evidence, which includes the complainant’s submission, the appraiser’s response, and other information independently obtained by the investigator.
To pursue disciplinary action, TALCB must have enough evidence to meet its burden of proof at an administrative hearing conducted by the Texas State Office of Administrative Hearings. During a hearing, a judge weighs the evidence and make a recommendation for resolution in the case.
Disciplinary action occurs when evidence of serious violations is found. Disciplinary actions are posted on the TALCB website for 10 years. Sanctions may include remedial education, administrative penalties, suspension, or revocation.
Contingent dismissals occur when violations are found and the respondent receives remedial education.
Warning letters are issued if minor violations are found.
- Conduct another appraisal or require an appraiser to conduct a new appraisal.
- Help you get financial compensation.
- Provide an opinion of value on your home.
- Regulate property taxes.