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I was a real estate appraiser in the state of Texas. I applied

Customer Question
for a commercial real estate...
I was a real estate appraiser in the state of Texas. I applied for a commercial real estate appraiser license and was denied because an investigator claimed I committed fraud and intentionally mislead the public. These things did not happen. There is no proof of any such activity. I did everything required to achieve the license but was not granted it. This cost me my business which I purchased in 2008 for $400,000. My business is now shut down and I still owe the bank the money. I have evidence that the investigator was biased against me through the whole process getting the license. I would like to know if I can sue the Texas Appraiser Licensing and Certification Board (the state agency that grants the license)?
Submitted: 6 years ago.Category: Legal
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9/1/2011
Lawyer: LawHelpNow, Attorney/Lawyer replied 6 years ago
LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Legal
Satisfied Customers: 7,639
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Thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

  1. I am a licensed Texas attorney with professional licensing and civil litigation experience. I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification after reviewing the following information.
  2. "I would like to know if I can sue the Texas Appraiser Licensing and Certification Board (the state agency that grants the license)?" Please allow me to say that I am genuinely sorry for your circumstances and sincerely XXXXX XXXXX soon look brighter for you. Accordingly, it gives me no pleasure to be the bearer of some discouraging news. My primary aim is to be upfront and realistic rather than doing you the disservice of misleading you or sugarcoating things. Based on your description of what has taken place, succeeding in such litigation would be foreclosed by application of the Texas Tort Claims Act. More specifically, defenses against such suit are supplied by Tex. Civ. Prac. & Rem. Code §§ 101.056 101.057 concerning discretionary function and intentional (as opposed to negligent) tortuous conduct.
  3. I hope that makes sense, but please do not hesitate to write back if needed. I shall be signing off soon to attend to some other professional obligations. Please rest assured, however, that I will be sure to check for any updated posts from you when I return to this online forum.

 

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

 

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

 

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

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Customer reply replied 6 years ago
So, the TALCB is protected from lawsuit? I'm trying to understand, sorry. What are my options?
Lawyer: LawHelpNow, Attorney/Lawyer replied 6 years ago

Hello again,

 

Thanks for writing back -- good to hear from you.

 

I will be glad to comment further -- please see below.

 

I do ask that you kindly press "Accept" on the honor system to process my answer.

 

  1. "So, the TALCB is protected from lawsuit?" Yes, I wish the situation were different, but for this type of matter the agency enjoys sovereign immunity not waived by the statute. It is protected from such a lawsuit.
  2. "What are my options?" Frankly, there are not many. You can follow the administrative procedure to challenge the adverse licensing decision. You can also retain legal counsel to pursue that route with the agency. However, you must exhaust those procedural remedies before seeking judicial redress. Put simply, the Courthouse is not available to you at this juncture. All you can do is go back to the agency and work toward (hopefully) a different outcome.

 

I hope all goes smoothly for you with this matter.

 

Take care and thanks again for choosing JustAnswer®!

 

[Please click "Accept" -- this is the only way I get paid for my work and services provided.]

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