Local real estate broker’s license revoked following multiple violations and complaints

COLLEGE STATION, Texas (KBTX) -As families celebrate their graduates this week, some parents in Bryan and College Station are facing a new worry: their leases and deposits with a local property manager. Kyle Dwyer, owner of Asset Hero and TNT Properties, has come under fire for alleged negligent and deceptive practices, leading to the revocation of his real estate broker’s license by the state.

Multiple complaints lodged against Dwyer allege negligent and deceptive practices, including excessive billing and misleading advertisements. In May of last year, the Texas Real Estate Commission suspended his license due to allegations of improperly charging tenants fees not agreed upon in leases and performing unnecessary repairs.

One year later the state has now intervened again after seven cases involving ten violations of the Texas Code were reported, resulting in the revocation of his license for a minimum of six years.

At the heart of the matter were allegations of negligence, incompetence, dishonesty, and bad faith on the part of Dwyer in his capacity as a real estate broker. The commission found substantial evidence supporting claims of excessive billing practices, misrepresentation through misleading advertisements, and failure to adhere to contractual obligations.

Among the grievances were instances where Dwyer purportedly charged for services already covered under existing agreements, effectively double-dipping into the funds of both landlord clients and tenants. Additionally, Dwyer was accused of disregarding client preferences, levying unauthorized fees, and neglecting to provide requested documentation to the commission during their investigations.

With Dwyer no longer operating as a real estate agent, questions abound regarding the legality of existing lease agreements. Concerned tenants and landlords are left wondering about the validity of their contracts, which include crucial elements such as lease dates and deposits.

According to the Texas Real Estate Commission, the revocation of Dwyer’s license does not automatically invalidate existing agreements. However, they advise tenants and landlords to carefully review their lease terms and seek legal counsel for clarification on their obligations.

In response to the situation, legal expert Terrance Dill emphasized the importance of documenting concerns for potential legal action or complaints. He noted that Texas has a robust consumer complaint system where individuals can file grievances, leading to investigations and hearings.

“You’ll need to show them whatever materials you have that would support or corroborate the claims that you’re making or the complaints that you’re filing with the state agency and then they’ll start their investigation based upon the materials that the complainants file,” Said Dill.

“It’s a very good system in that people can file complaints and the state takes those complaints seriously and there’s a process with it an investigation and then a tribunal listens to the complaints and you have a right to be heard,” Dill added.

Counts against Dwyer include numerous breaches of duty to property owners and tenants, such as charging unauthorized fees and failing to provide requested documentation to the Texas Real Estate Commission during investigations. These violations led to the revocation of his license.

Dwyer has been barred from seeking any licensure or certification issued by the commission until May 15, 2030.

Here’s a summary of each count in the Agreed Order involving Kyle Austin Dwyer:

Count 1 – 234113:

• Kyle Austin Dwyer (Respondent) acted as a licensed real estate broker for Two for One, LLC.
• Dwyer misrepresented his services with the “MMM Protection Guaranty,” charging for unauthorized expenses and failing to remit funds to clients.
• Violations include acting negligently, and dishonestly, making false promises, and misleading advertising.

Count 2 – Complaint 235250:

• Dwyer managed properties for Owner 2, charging unauthorized fees and failing to remit funds.
• Violations include negligence, dishonesty, and breach of trust.

Count 3 – Complaint 236091:

• Dwyer managed properties for Owner 3, charged unauthorized fees, and failed to remit funds.
• Violations include negligence, dishonesty, and breach of trust.

Count 4 – Complaint 242298:

• Dwyer managed properties for Owner 4, charged unauthorized fees, and failed to remit funds.
• Additionally, he failed to cooperate with the investigation by refusing to provide the requested information.
• Violations include failure to produce documents, negligence, dishonesty, and breach of trust.

Count 5 – Complaints 234420 & 234750:

• Dwyer managed a property, overcharged tenants for damages, and failed to remit funds.
• Violations include negligence, dishonesty, and breach of trust.

Count 6 – Complaint 240470:

• Dwyer managed a property, overcharged tenants for “make ready” expenses, and failed to remit funds.
• Additionally, he failed to cooperate with the investigation by refusing to provide the requested information.
• Violations include failure to produce documents, negligence, dishonesty, and breach of trust.

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