Real Estate License Defense
Real Estate License Defense - Broker/Agent Disciplinary Attorney
Your reputation as a real estate professional is everything. In California, the Department of Real Estate (DRE) licenses and regulates salespersons and brokers. If you're under investigation or facing a formal Accusation, your career, income, and credibility are at risk. We defend agents and brokers in Santa Cruz and throughout California in DRE disciplinary actions, using a combination of legal skill and industry knowledge to protect your license.
Real Estate License Oversight
The California Department of Real Estate (DRE)-formerly the Bureau of Real Estate-has broad authority to investigate complaints and discipline licensees. Discipline can range from a public reprimand to outright license revocation. With years of experience in both real estate transactions and administrative law, we understand how the DRE operates and what it takes to defend against their allegations.
Common Reasons for DRE Discipline
Misrepresentation or Fraud
Providing false information about a property, transaction, or client.
Trust Account Mishandling
Failing to keep client funds separate, bookkeeping errors, or improper withdrawals.
Criminal Conviction Disclosure
Not reporting a conviction as required, or being convicted of a crime that reflects on honesty or trustworthiness.
Unlicensed Activity
Allowing unlicensed staff to perform licensed duties, or working outside your license scope.
Other Violations
Serious breaches of fiduciary duty, certain MLS violations, or unethical conduct in transactions.
Defense Approach for Real Estate Pros
When we take your case, we start by examining every detail:
- Did you knowingly make the alleged misrepresentation, or were you relying on third-party information?
- Was the trust account issue an isolated accounting mistake, and has it been corrected?
- Are there mitigating factors such as additional training or a long, unblemished career?
Our strategy may include:
- Gathering transaction records, correspondence, and witness statements
- Presenting evidence of remediation or compliance efforts
- Negotiating for reduced discipline, such as probationary terms instead of suspension
- Defending you vigorously at a DRE hearing before an Administrative Law Judge (ALJ)
Navigating the DRE Process
DRE cases often proceed to a hearing before the Office of Administrative Hearings (OAH). At this stage, having an experienced attorney is crucial. We challenge the DRE's evidence, cross-examine witnesses, and present a full defense to show why you should keep your license. If there's a related civil case, we coordinate both defenses to avoid conflicting strategies.
Real Estate License FAQ
Will a client lawsuit automatically trigger DRE action?
Not necessarily, but complaints to the DRE often happen alongside civil suits. We can use evidence from one case to strengthen your defense in the other.
Can I get my license back after revocation?
Yes-there is a petition for reinstatement process, requiring proof of rehabilitation. We can guide you through it.
I self-reported a DUI-will I lose my license?
For a single misdemeanor DUI, the DRE may not pursue discipline unless aggravating factors exist. If they do, we work to show it's not substantially related to your duties.
Call to Action
If your real estate license is in jeopardy, don't wait for the DRE to decide your fate. We defend agents and brokers across California, working to protect your license, livelihood, and reputation.
55 River Street, Suite 100, Santa Cruz, CA