Facts vs. Feelings - Commissioner's Column

September 2026

In the June 2026 issue of the Oregon Real Estate News–Journal, I focused on the Oregon Real Estate Agency’s education-first approach to bring licensees into compliance. We provided a comprehensive update on the quantity and type of Education Letters of Advice (ELOA) that were issued, by division, over the past several years.

For context, the Agency processed over 800 complaints and published 39 Administrative Actions in 2025. You can reference the June 2026 article on ELOAs to see the number of complaints that led to non-disciplinary action as well. From this math, you see that still leaves hundreds of complaints each year that led neither to an ELOA nor rose to the level of investigation.

I’d like to offer some observations that may help reduce the likelihood that your client becomes complainant. These observations are prefaced with a caveat. The Agency is not trying to insert itself or micromanage your customer service practices; instead, we offer a perspective that you may find helpful based on our interactions with both the public and other licensees.

Complaints against licensees come from two main sources: consumers and fellow licensees.

Consumer-Initiated Complaints

Set clear expectations, communicate effectively, document properly, don’t take conflict personally, and most importantly, take your time. While you may be under time constraints to get a specific contract accepted, there is ample time both before and after the contract is signed to take steps to mitigate your risk.

While it may be true that most people today prefer texts over phone calls, a general preference is not the optimal approach in every circumstance. It is often a licensee’s role to deliver difficult news or negotiate challenges. Transaction conflicts might not be resolved as efficiently or skillfully through text. Additionally, as your work is with human beings and not machines, you may not be able to tell how someone is feeling without the benefit of a live conversation. A text may quickly conclude a specific issue, only to have resentment begin to fester when a more personal element was missing.

Consider your end goal. As a general practice, are you only looking to get transactions closed, or building sustainable and repeat business?

You may be asking yourself, why is a regulator commenting on feelings versus facts? And that answer is simple. In the Agency’s world, they intersect. When a complainant is upset about how the transaction unfolded, we need to determine if behavior described in a complaint also may be a licensing violation, such as those found in ORS 696.805, Real Estate Licensee Duties as Seller’s Agent; ORS 696.810 Real Estate Licensee Duties as Buyer’s Agent; or ORS 696.815 Representation of Both Buyer and Seller.

I’ve read hundreds of complaints and investigative reports in which consumers felt rushed, misled, dismissed, ignored, or worse. And in many cases, while it may be clear that the actions did not rise to the level of a licensing violation, it is also apparent that a licensee could have done a better job in making their client feel valued. Having sold real estate for many years prior to my current role, I learned those tough lessons personally, too. Reflecting on how business has evolved from when I was first licensed, we have progressed from landline phones and ink-signed contracts to smartphones, texts, and e-signatures.

Regardless of whether the Agency determines a licensing violation occurred, the complaint itself is often a testimony of an unsalvageable client relationship — and lost future income from repeat business or client referrals. Moreover, responding to an OREA complaint takes licensees away from valuable personal time; alternatively, licensees may be expected to consult with their brokerage’s attorney who drafts a response on their behalf. If you view the complaint process as a win/lose proposition, even a closed complaint “win” is a form of loss.

I was reading one of my favorite real estate related blogs recently, and the author used two terms that were new to me: voice courage and digital convenience. So, I entered into my search bar, “voice courage versus digital convenience” and the AI Overview on Firefox provided the following description and chart.

The Core Trade-off

Choosing between voice courage and digital convenience represents a fundamental tension in modern communication: the vulnerability of real-time vocal presence versus the controlled, low-friction ease of text-based interfaces.

FEATURE	VOICE COURAGE	DIGITAL CONVENIENCE
Primary Medium	Phone calls, voice memos, in-person speech	Texting, DMing, emailing, AI chat assistants
Emotional Depth	High. Captures tone, urgency, hesitation, and warmth	Low to Moderate. Relies on punctuation and emojis to mimic tone
Friction & Effort	High. Requires immediate presence, active listening, and social energy	Low. Asynchronous; can be done multitasking or on your own schedule
Risk Factor	High. High risk of awkward silences, saying the wrong thing, or immediate rejection	Low. Low risk; messages can be edited, drafted, or deleted before sending
Relationship Impact	Builds deep trust, resolves conflict faster, and strengthens human bonds	Maintains efficient connection, handles logistics smoothly, but can feel detached

I think this chart illustrates the distinctions well and demonstrates the need to strike a balance. For a commercial real estate practitioner, the dynamics may be vastly different than a residential real estate practitioner. In the residential real estate realm, while it is technically “only” a financial transaction, emotions may manifest themselves more profoundly. And in all types of transactions, trust is at the core — and the key to achieving it may vary.

This chart also illustrates why you may need to tailor your approach during a transaction in situations that are more complex than routine check-ins or administrative updates. Negotiating nuances may not be compatible with texting.

Build trust — you may have to have the tough conversations by phone to make sure the client both understands and is on board with the decision.

Reduce risk — following up in email or text to recap the discussion still serves as an effective method to memorialize the conversation.

Licensee-Initiated Complaints

We recognize the time it takes when a licensee files a complaint about another licensee, provides documentation, and is available to an investigator to answer questions. As a regulated profession with established duties and standards of care, practitioners play a key role in holding one another accountable for the sake of the entire profession. Without licensees’ willingness to file a complaint, many to most violations would go unnoticed. This interconnectedness is codified into statute in ORS 696.301(15) which references “… conduct below the standard of care … as established by the community of individuals engaged in the practice of professional real estate activity in Oregon.”

Summary

Here at the Agency, we also appreciate that most licensees do their best every day and in every transaction. And we are committed to addressing the truly egregious licensing violations as promptly and appropriately as possible, while also being a resource to provide the education necessary to prevent or address minor errors.

For additional information about the complaint process, please visit the dedicated page on our website.