Providing Assistance with Real Estate Applications and DRE Defense in California
Few lawyers focus on the legal issues relevant to residential and commercial real estate professionals. Therefore, those applying for real estate licensure or under audit by the California Department of Real Estate (the “DRE”) may find it difficult to find the type of effective legal assistance you deserve. A qualified California real estate license defense lawyer from Century Law Group can bridge that gap and deliver better outcomes.
Your search is over. At the Century Law Group, we are a team of legal professionals dedicated to helping California real estate agents and brokers. Our attorneys can help you skillfully navigate licensure, audits, and prosecutions.
If you are currently facing a DRE license disciplinary action or applying for a license and the DRE is opposing your application, we can help. Contact us by e-mail or call toll free at 1-866-522-2642 to discuss your legal concerns in a free initial consultation.
How Our Team Can Help
If you are a licensed real estate broker who received a formal accusation from the California Department of Real Estate, you can consult with an experienced licensing attorney right away. At Century Law Group, we have successfully represented many real estate professionals against licensing accusations and issues, as well as in criminal cases. We can help protect your real estate license, your professional reputation, and your employment.
At Century Law Group, we understand that obtaining and keeping your real estate license directly affects your ability to earn a living. Our attorneys have over 50 years of combined experience assisting clients with applications for real estate licensure issues, from their initial application to fighting license suspensions or revocations to various litigation matters that may arise throughout one’s real estate career.
Not only do we have an understanding of California law, but we also know the state’s fast-paced real estate market. Our powerful real estate license defense services are tailored to meet the demanding needs of hardworking California realtors. Whatever legal issues currently prevent you from holding the valid real estate license you need to make a living, your first step is to call Century Law Group, with offices conveniently located in Los Angeles and Fair Oaks.
Defending Simple Mistakes and Complicated Disputes in California
Choosing an experienced real estate license defense attorney is important. Attorneys can defend you against all disciplinary situations in California, including:
- Aiding/abetting any unlicensed transactions of real estate
- Broker trust fund commingling, conversion, and shortages
- Compliance errors
- Conducting real estate without a valid license
- Criminal convictions, civil actions, or other background issues that lead to disqualification from licensing with MLO
- Discipline by financial regulators like FINRA or the SEC
- Discipline for criminal convictions
- Discipline against any out-of-state real estate license
- Fraud, including short sale fraud issues
- Seller activity without a sponsoring broker
- Unlawful payments (commissions)
An attorney can further discuss any investigation or disciplinary situation you might find yourself facing as a real estate professional.
The Importance of Quality Legal Representation in California Real Estate License Cases
A misstep on your application or past criminal conviction can cause the Department of Real Estate (DRE) to deny your application We can help you skillfully navigate complications in the process. Contact us by e-mail or call toll free at 1-866-522-2642 to schedule a free initial consultation.
Criteria for Establishing Rehabilitation under DRE Guidelines
While past criminal activity can affect your ability to obtain real estate licensure, the DRE does have criteria for establishing rehabilitation. This criteria is very case specific.
- Drug use: The DRE wants to see evidence that you have been clean and sober for at least five years.
- Domestic violence: The DRE wants to see that this encounter was an isolated incident and that there have been no other incidents in the past three or four years.
- Petty theft: The DRE wants to see that the theft was a momentary lapse in judgment and does not reflect your overall character.
Our knowledgeable lawyers understand how to show the DRE that you have taken accountability for your actions and that future misconduct will not occur. Contact us 866-522-2642 to discuss your real estate licensure application, Statement of Issues, or Accusation in a free 20 minute initial consultation.
Protecting Licensed Real Estate Professionals Against DRE Audits And Prosecution
With the recent housing crisis and near collapse of the real estate market, the Department of Real Estate or “DRE” has taken a closer look at real estate professionals and loan modification companies. Audits performed by task forces are common and often result in formal prosecution.
Century Law Group, LLP, provides experienced legal defense for real estate agents, brokers, lending companies and loan modification companies. We assist clients with all aspects of real estate licensure as well as provide aggressive defense of those who are in the process of being audited by the DRE or involved in lawsuits for alleged misconduct. Our lawyers have more than 50 years of combined experience representing clients in both residential and commercial real estate matters.
Experienced Defense Lawyers
We understand the direct impact license revocation or suspension can have on our clients and their businesses. Our attorneys provide informed counsel and experienced legal defense in a variety of concerns, including:
- Regulatory compliance and fair lending practice management: California’s real estate and finance landscapes are governed by a range of regulations designed to protect property owners, homebuyers, and others involved in real estate. Certain rules may even differ from city to city or zone to zone, so it’s crucial to work with legal counsel that understands these complex rules at every level.
- Allegations of forgery or fraud: Serious charges like forgery and financial fraud may be written off as “white collar” in the media, but being convicted of such crimes can have a devastating impact on your real estate career. Worse, this impact may be immediate and permanent without the intervention of high-quality defense counsel.
- Foreclosure defense and issues of “robo-signing”: The foreclosure process alone is subject to a litany of rules and regulations. If you have been accused of failing to follow the law when doing business involving foreclosed properties, we can help.
- Claims of breach of fiduciary duty – Those who work as real estate agents have a legal duty to act in their client’s interests, much like an attorney. When clients feel taken advantage of, they may escalate things to the level of legal action, putting your entire career at risk and calling for swift and effective defense.
- Other violations of the Business and Professions Code: It’s not only real estate laws that real estate agents have to be concerned about, but all of the various codes and regulations that govern business professionals in the State of California.
Our experienced legal team understands that most real estate professionals operate in compliance with DRE guidelines. If you have received notice of an impending audit, however, we can assist you in responding appropriately to requests for information and minimizing potential problems which could lead to further investigation. Not many law firms focus on assisting real estate agents and brokers.
For those clients already engaged in defense against prosecution, we offer strategic counsel and strong representation in civil or administrative disciplinary proceedings.
Licensure Admission And Reinstatement
The DRE has very specific licensure requirements for those interested in practicing in the real estate market in California. Our attorneys can help you understand these requirements, complete your application appropriately so as not to raise unnecessary concerns, and gather the necessary documentation to demonstrate your eligibility to practice.
Should your application be denied, particularly if it was denied out of concern for past criminal activity, we can help you take proactive steps to meet the criteria for demonstrating rehabilitation. For example, the DRE requires evidence that those who were previously convicted of drug use have been clean for at least five years. Our lawyers understand how to help you demonstrate that such conduct has been properly addressed and will not occur in the future.
During your initial application, it’s very important to accurately fill out all information. This includes disclosing information about past criminal convictions and disciplinary actions, as the DRE will closely examine records to determine your suitability for a California real estate license. It’s better to be denied based on honest information and then fight to appeal that denial than to be caught falsifying an application and still be denied anyway.
Why Legal Support Is Important
In fact, if you’re at all concerned about past criminal charges interfering with your ability to practice real estate in California, then the most optimal time to reach out to a Century Law Group defense lawyer is before you even begin your application. Our attorneys can help you approach the disclosure process in a thoughtful, proactive way. When done right, this strategy can convert a blemish on your record into an opportunity to demonstrate your growth.
However, if you’ve already applied and mistakes were made in your application, there’s no need to panic. The Century Law Group real estate license defense team is here to assist you and help get your case back on track, no matter what phase of the application or appeal process you are currently in. Legal issues surrounding your real estate license are always challenging, but with an intelligent and decisively implemented legal strategy, we can guide your case to the most optimal outcome possible.
As you may already understand, many real estate license denials arise from concerns about prior criminal history, which the DRE and other government officials may see as indicative of future risk. The attorneys at Century Law Group take pride in helping clients address these concerns by using the application or appeal process as a chance to showcase evidence of rehabilitation and improvement. In some cases, this can influence or completely change the DRE’s decision.
FAQs:
Q: How Much Does a Defense Attorney Cost in California?
A: The cost of a defense attorney in California will vary depending on the type and complexity of the case, the quality of your attorney, and various other factors. For example, you may encounter higher rates when you require an attorney with very specific knowledge in a complex area of the law, like real estate licensing. Century Law Group strives to provide world-class legal services at competitive rates.
Q: Can an Attorney Act as a Real Estate Agent?
A: An attorney could act as a real estate agent, although it is not common. While it would be unusual for the same individual to act as both your private attorney and your real estate agent, there is no specific law that bars someone from holding both a real estate license and a license to practice law. However, a person acting as both a real estate agent and an attorney in the same transaction could have a conflict of interest.
Q: What Do I Do If the DRE Denies My Real Estate License Application?
A: If the DRE denies your real estate license application, the next step is to contact a real estate license defense attorney for assistance. Remain positive, and know that you are not the first person to be blindsided by an unexpected DRE denial. A talented attorney can help you request that your application gets a second look and can help you re-frame any problematic elements of your application in a way that highlights growth rather than indicates risk.
Q: When Should I Engage a Defense Attorney?
A: You should engage a defense attorney if you have any issues with your real estate transaction. Real estate can be a complex industry, and having legal support on your side can make a difference. The sooner you get an attorney involved, the better your chances of success are. Engage the legal team at Century Law Group.
Q: How Should I Address a Past Problem on a Licensure Application, Renewal, or Disclosure Form?
A: You should reveal a past problem on an application, renewal, or disclosure form carefully and truthfully. There are tools the DRE may use to find out about any adverse past events, and they might fact-check your responses for accuracy and truthfulness. An attorney can address what information that must be disclosed. If any explanation is necessary, they can provide strategic counsel to minimize any danger of denial or discipline that might result from disclosure.
Q: What Should I Do if I Receive an Accusation?
A: If you receive an accusation, you must file a Notice of Defense within 15 days of the date that the Accusation was mailed to you, not from the date you actually received it. If you don’t respond within the 15-day period, the agency may assume that you’re accepting the accusations, and this could result in a default license denial. You should consult with an attorney as soon as possible so you meet the deadline to respond and start to mount your defense.
Q: What Happens if I am Contacted by the DRE?
A: If you are contacted by a DRE Special Investigator or DRE enforcement analyst, you should consult an attorney. An attorney can help build your confidence when speaking with either party, as any statements you make can become admissions to possibly be used against you in court at a later date.
Also, an attorney can clear up any misunderstandings, address potential agency concerns, or manage communications with the DRE. You may find a real estate license defense lawyer invaluable in this situation.
Q: Are Any Real Estate Violations Actually Violations of the California Criminal Code?
A: Yes, some real estate violations can be prosecuted within the laws outlined in the California criminal code. For example, real estate fraud can be prosecuted under California Penal Code 487 PC, which is California’s law concerning grand theft. Also, forging real estate deeds and rent skimming are prosecuted under real estate fraud statutes. Thus, you can be criminally prosecuted in some instances for real estate violations in California.
Contact Century Law Group, LLP
Having experienced counsel on your side can be the difference between acquittal and having your real estate license restricted or revoked. For more information, contact our firm to schedule a free, 20-minute consultation with one of our California lawyers. We offer reasonable rates and flexible scheduling to accommodate our clients’ needs.
Call any of our offices in Los Angeles, San Diego or Northern California at 800-465-4192.
Whether you have legal questions, have a court date coming up, are unsatisfied with your current defense strategy, or need to take decisive action pursuing post-conviction remedies to safeguard your professional license, an effective real estate license defense attorney from Century Law Group is ready to intervene on your behalf.
No matter what issues you may have struggled with in your past, you deserve to be treated with the same respect and dignity as anyone else applying for a professional license in an attempt to better their position in life. Century Law Group can ensure that your voice gets heard, that your rights are respected, and that you are treated fairly by California’s fast-moving legal system.
Please reach out at your earliest convenience to begin the process with a confidential, no-pressure consultation.
