All Locations | (818) 538-5572 | (619) 552-2135
[email protected]

California Financial License Defense Attorney

We defend licensed financial professionals in California

California Real Estate License Defense Attorney

31 Jul 2017
0

California Department of Real Estate License Defense Lawyer

The California Department of Real Estate, known as DRE, licenses approximately 350,000 Real Estate Brokers and Real Estate Salespersons in the State of California. Most California Real Estate Brokers and Real Estate Salespersons have minimal or no contact with the enforcement arm of the California Department of Real Estate. For Real Estate Brokers and Real Estate Salespersons who become part of the California Department of Real Estate’s disciplinary process, the consequences are profound. The Real Estate License disciplinary process is complex, procedural and time consuming. Real Estate Brokers and Real Estate Salespersons facing the California Department of Real Estate disciplinary process should seek legal representation from an experienced California Real Estate License Defense Attorney.

California DRE Investigation Defense Lawyer

The majority of California Department of Real Estate investigations begin with the filing of a consumer Complaint. However, California Department of Real Estate Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Department of Real Estate employs non sworn Enforcement Representatives to conduct non criminal investigations. The California Department of Consumer Affairs employs sworn Peace Officer Investigators to conduct criminal investigations against Real Estate Brokers and Real Estate Salespersons. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the California Department of Real Estate disciplinary process. At the conclusion of a California Department of Real Estate investigation, the Department has several options. The Department can choose to close the Complaint. The Department can choose to issue a Citation. The Department can also choose to refer the matter to the California Department of Real Estate Legal Division. The California Department of Real Estate Legal Division will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Department may refer the case to the District Attorney’s Office for criminal prosecution.

If you are a Real Estate Licensee facing a California Department of Real Estate investigation, contact a California Department of Real Estate License Defense Attorney for representation.

California Real Estate License Accusation Defense Attorney

A formal Accusation served on a California Real Estate Licensee serves as notice to a Real Estate that the Department intends to revoke the Real Estate Brokers and Real Estate Salespersons’ License. The Real Estate, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the Real Estate. A Default will result in the immediate Revocation of the Real Estate Brokers and Real Estate Salespersons’ License.

An Accusation is a serious matter that can result in the suspension or revocation of a Real Estate License in California. In many cases, it is possible for Real Estate Brokers and Real Estate Salespersons to reach a Stipulated Agreement with the California Department of Real Estate Legal Division. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH). Real Estate Brokers and Real Estate Salespersons facing a California Department of Real Estate Accusation should contact an experienced California Real Estate License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Real Estate Brokers and Real Estate Salespersons include:

  • Aiding and Abetting Unlicensed Practice of Real Estate
  • Civil Fraud Judgment Based on Licensed Acts
  • Commingling Trust Funds With Broker Funds
  • Exclusive Listing Agreements Without Definite Termination Date
  • Failure to Disclose Dual Agency
  • Failure to Give Self Dealing Notice
  • Failure to Maintain a Place of Business
  • Failure to Maintain Records
  • Failure to Supervise Salespersons
  • Failure to Maintain Trust Fund Records
  • False Advertising
  • Fraud or Dishonest Dealing
  • Home Loan Modification Violations
  • Incompetence
  • Making a False Promise
  • Making a Substantial Misrepresentation
  • Negligence
  • Secret Profit or Undisclosed Compensation
  • Trust Fund Misconduct
  • Unlawful Payment of Compensation

California Real Estate License Hearing Attorney

The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California Department of Real Estate can adopt, modify or reject the ALJ’s Proposed Decision. The California Department of Real Estate’s action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a Real Estate to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the Real Estate can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order.

California Real Estate Brokers and Real Estate Salespersons facing a California Department of Real Estate Administrative Law Hearing need effective representation from a California Real Estate License Defense Lawyer.

California Real Estate License and Criminal Convictions

The California Department of Real Estate can discipline Real Estate Brokers and Real Estate Salespersons for criminal convictions. California Department of Real Estate discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Real Estate. Common criminal offenses that can cause Real Estate License discipline are:

  • Altering or Forging a Prescription
  • Assault With a Deadly Weapon
  • Battery
  • Brandishing a Firearm
  • Burglary
  • Carrying a Concealed Weapon
  • Child Abuse
  • Child Endangerment
  • Diverting a Controlled Substance
  • Domestic Violence
  • DUI
  • Elder Abuse
  • False Imprisonment
  • Forgery
  • Fraud
  • Hit & Run
  • Identity Theft
  • Insurance Fraud
  • Medicare Fraud
  • Mortgage Fraud
  • Possession for Sale of a Controlled Substance
  • Possession of a Controlled Substance
  • Public Intoxication
  • Real Estate Fraud
  • Robbery
  • Sex Offenses
  • Theft
  • Trespass
  • Vandalism
  • Vehicular Manslaughter

The California Department of Real Estate and other law enforcement agencies also investigate criminal conduct by Real Estate Brokers and Real Estate Salespersons in the course and scope of their trade. Criminal investigations often involve Real Estate Brokers and Real Estate Salespersons engaged in Elder Abuse, Forgery and Real Estate Fraud. In serious criminal cases against Real Estate Brokers and Real Estate Salespersons pending in Criminal Court, the California Department of Real Estate and the Department of Real Estate Legal Division may seek a California Penal Code § 23 Order against the Real Estate. A California Penal Code § 23 Order seeks to suspend a Real Estate License in Criminal Court.

Real Estate Brokers and Real Estate Salespersons facing criminal charges and Real Estate Brokers and Real Estate Salespersons who are convicted of criminal offenses need an experienced California Real Estate License Defense Attorney for representation in disciplinary proceedings before the California Department of Real Estate.

California Real Estate License Statement of Issues Attorney

The California Department of Real Estate thoroughly investigates all applicants for Real Estate Licenses. The California Department of Real Estate may deny a California Real Estate License for a variety of reasons. Most California Real Estate License denials occur due to criminal convictions, financial problems or misstatements on the Real Estate License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied a Real Estate License should contact a California Real Estate License Denial Lawyer for representation in a California Department of Real Estate Statement of Issues Hearing.

California Real Estate License Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Real Estate Brokers and Real Estate Salespersons who have received a Real Estate License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Real Estate License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Department of Real Estate. A successful Real Estate License Petition for Reinstatement requires representation by an experienced California Real Estate License Defense Attorney.

About Post Author

Contact Us