What is the time limit to file administrative complaints with FREC?

• A. Within 5 years of the time of the act giving rise to the complaint
• B. Within 5 years of the time of the act giving rise to the complaint, or within 5 years from discovery of the act with due diligence
• C. Within 2 years
• D. Within 1 year

Answer: (B)

The time limit being tested is the five-year statute of limitations for filing complaints with FREC. You have five years from when the act occurred that gives rise to the complaint to file. If the act wasn’t discovered promptly, you can still file within five years from the date you discovered it, as long as you acted with due diligence to uncover the misconduct. This dual rule protects against both immediate action and delayed discovery, while still capping the deadline at five years. Shorter time frames like two or one year don’t accommodate discovery delays, and a rule that only uses discovery would ignore when the act actually happened.