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California real estate licenses can be restricted, suspended, or revoked for a wide variety of reasons. If yours has been revoked or restricted, how should you go about getting it back? There are several steps you can take, which we’ll outline below. We will also tell you about when it is in your best interests to defend your real estate license.
Common Reasons for Disciplinary Action
According to the California Department of Real Estate, there are many causes for disciplinary action against real estate licensees, but some of the most common are:
- Failing to disclose a criminal conviction.
- Performing real estate activities that require a license without the oversight of a licensed supervisor.
- Misrepresenting material facts about a property or failing to disclose these facts.
- Mishandling trust funds.
- Failing to report others who violate real estate law.
If a licensee is accused of any of these charges, the California Department of Real Estate will notify them of the intended disciplinary action. Upon receiving the notice, the licensee has 15 days to request a hearing, if they desire one. After the hearing, the Real Estate Commissioner may decide to restrict, suspend or revoke a license.
Restrictions and Revocations
If your license is restricted or revoked, it is possible to get it reinstated.
It is recommended that you consult a licensing attorney to assist you with the petition.
You must wait one year since the imposition of the revocation or restriction before seeking reinstatement.
The first step is to petition for reinstatement of an unrestricted license, which the Department charges $800 for just the filing of the petition. The petition will have to be submitted by documentary evidence that a trained professional licensing attorney can assist you to compile.
At this point, your case will be assigned to a Deputy Real Estate Commissioner who will conduct an investigation.
During the investigation, the Commissioner will focus on your behavior since the disciplinary action occurred. This may include reviewing criminal records, bankruptcy court records, employment records, and any internal records of the Bureau. In addition, they will interview you to determine to what extent your behavior has changed. They will then prepare a report with recommendations and submit it to the Legal Section of the California Bureau of Real Estate. At this point, the Legal Section submits a report to the Real Estate Commissioner, who will grant or deny your petition. They will then send you a final order with terms and conditions you must fulfill, assuming your request was granted.
Seeking Legal Help
Working with a licensing attorney may benefit your petition and prepare you for the petition, interview, and potential appeal of a decision regarding your petition.
If you are in a position where your real estate license is in jeopardy, attorney Scott J Harris can help. Call 323-794-0701 for a free consultation.
This blog is meant to be informational. It is not meant to be all-encompassing legal advice. If you are facing a situation involving your professional license, seek counsel from a licensed attorney.