Real Estate License Defense California
Department of Real Estate License Defense
After receiving notification of an investigation or disciplinary proceeding from a professional licensing board, many of the clients who come to us are understandably anxious. It is no small thing to know that you are under investigation for some kind of professional misconduct. In this situation, it is essential to work with a defense lawyer who has the experience and skill to help you, and who understands the seriousness of your situation.
At S J Harris Law, we take the time to understand each client’s unique situation and to work out a plan that is personally tailored to each client’s needs. We bring the experience and professionalism that our clients need. At S J Harris Law, we understand what is at stake:
Your license. Your reputation. Your future.
DRE Investigation: Unique Rules And Procedures
Unlike many other professional agencies, the California Department of Real Estate ( DRE ) has its own set of rules and procedures regarding license and disciplinary actions. It would be no simple matter for an attorney lacking experience in this area to come and handle your case properly. At S J Harris Law, we bring a wealth of experience and knowledge of the unique and complicated procedures involved in real estate broker agent defense. Los Angeles County attorney Scott J. Harris can help you defend your license, your reputation, and your future.
We represent clients who are facing issues that include:
- Inquiries into Business Practices
- Ethics Violations
- Denials by Statements of Issue
- Disciplinary Administrative Hearings
- License Suspension or Revocation
Department of Real Estate Accusation
When the DRE is given a written complaint regarding a real estate licensee by a member of the public, then the DRE can initiate an investigation if:
- The DRE has jurisdiction over the individuals or companies involved. If the complaint is regarding a real estate licensee, then the DRE has jurisdiction; and
- The complaint given to the DRE is regarding potential violations of state real estate law.
Once an accusation of misconduct is made regarding a licensee, then the DRE can conduct an investigation to determine if a formal misconduct charge should be issued against the licensee. If this happens, then the case can result in a hearing to determine if the licensee broke any California real estate laws. If a violation is proven, then the licensee can be subject to having their real estate license suspended or revoked. The DRE does not have the authority that a court does, so the DRE cannot order money to be refunded, contracts to be canceled, or damages to be awarded due to a licensee’s alleged misconduct. If a member of the public wishes to have a court award damages, then they must file a lawsuit with the appropriate court.
Department of Real Estate License Denial
The DRE can deny an application for real estate licensure for several reasons. Once an applicant first applies for a real estate license, he or she must submit their fingerprints along with the application. These fingerprints are used to run a criminal history check on the applicant to see if there is a prior criminal record. If the applicant has a prior criminal history, then the DRE may deny a real estate license if the DRE finds that the crime is substantially related to the functions, qualifications, and duties of a real estate licensee. There is no specific law that prevents the DRE from issuing a license to a registered sex offender. The DRE will take into account any of the available facts and evidence to determine if a prior criminal offense should result in a real estate license application denial. If the DRE decides to deny a real estate application, then the applicant will be able to have an administrative hearing on the matter to determine whether the applicant should be issued a license or not. The case would go before an administrative law judge who will make a proposed decision on the outcome of the matter which is subject to the Real Estate Commissioner’s approval.
The Help You Need
In license defense cases, our attorneys can provide legal defense at administrative hearings, answer written inquiries on your behalf, seek reduced penalties or file an appeal with the Superior Court of California by writ of mandamus.
California Real Estate Agent / BRE Defense Attorney
We represent professionals in the Greater Los Angeles area, and throughout California, from San Francisco to San Diego. For a free 30-minute consultation with an attorney from our firm, call 323-370-6139 , or contact us online.