600 California St, 11th Floor, San Francisco, CA 94108

(415) 707-6383

Real Estate Broker

You have worked hard to build your real estate practice. Your ability and passion to help buyers, sellers, and homeowners compete, negotiate, and research transactions require confidence, hard work, commitment, and professionalism. Regrettably, an allegation of professional misconduct or a criminal charge can jeopardize your career and livelihood. Defending your license requires a thorough strategy designed to preserve your professional integrity and license.

San Francisco License Attorney has a deep understanding of the Bureau of Real Estate regulations and can aggressively fight for you. Our competent lawyers can collect and review case evidence to develop the best defense strategy, negotiate with the board, and represent you during your administrative hearing.

Who is a Real Estate Broker?

A real estate broker is a real estate sales agent who has satisfied additional state licensing, education, exam, and experience requirements. Unlike a real estate agent, a broker can start their own brokerage firm and employ real estate agents.

Brokers who work with buyers look for assets that meet the clients’ preferences, engage in negotiations, assist buyers with issues that lead to closing the business, and prepare offers.

As a broker, you determine the market value of your clients’ property, list and show the asset, communicate with sellers about offers, and help in the offer process.

There are three types of brokers, including the following:

  • Associate brokers— While they are licensed, they choose to work under another broker, and do not supervise any agent
  • Managing brokers — They oversee daily operations and transactions in the office. They manage administrative personnel, employ agents, and train them.
  • Designated or principal broker—They supervise real estate agents to ensure they adhere to federal and state real estate regulations. Every real estate company should have a principal broker. 

To apply for a real estate brokerage license, you must meet the following qualifications:

  • Be above 18
  • Be a California resident
  • You have completed the statutorily required courses, including legal aspects of real estate, real estate practice, property management, and business law.

Understanding the Disciplinary Process

The Bureau of Real Estate is tasked with safeguarding the public from harm and financial fraud associated with real estate. The board achieves its mission by establishing regulations that uphold industry standards, enforcing them, and ensuring that only qualified individuals are licensed as real estate brokers.

The disciplinary process is part of the BRE’s enforcement strategy, which starts when the board receives an allegation against you. Any person, including a client, insurer, competitor, colleague, employer, or employee, can file the complaint. Common grounds of complaints are as follows:

  • Fraudulent activity, including falsifying records and false advertising
  • Financial misconduct —It involves mishandling money in the course of your work, including cutting corners on commissions or commingling client funds.
  • You have a previous criminal conviction.
  • Failing to comply with applicable laws — It involves breaching client confidentiality regulations, acting beyond the scope of your real estate professional license, and failing to meet continuing education requirements.
  • Operating without a professional license
  • Failing to supervise assistants working under you
  • Failing to maintain appropriate trust fund records
  • Already facing investigations by another California licensing board or a real estate licensing agency of another state

After receiving the complaint, the BRE will review whether it has jurisdiction. At this stage, the BRE will review your records and contact you to request a response. You should consult a lawyer immediately when the investigators ask you to respond to the complaint.

If your allegation is minor, the board might issue you a warning letter or require you to pay fines. However, if the allegation is severe, the BRE will refer the case to the deputy attorney general to determine whether to file an accusation against you.

An accusation lists your allegations and the laws you have violated that are the grounds of disciplinary action. You should take the accusation seriously; what you do after receiving it will significantly affect the outcome of your disciplinary case.

You have a right to an administrative hearing to defend yourself before an administrative law judge. However, you should respond to your formal accusation and state your intent to attend your hearing. Failing to submit the notice of defense within fifteen days can lead to waiving your entitlement to the hearing, and the board will impose a default disciplinary action without listening to your side of the story. e

You should allow your lawyer to draft your notice of defense. They will craft a more detailed, well-thought-out, and thorough response. The goal is to get the case dismissed as early as possible and reduce the impact of disciplinary proceedings on your profession. 

After receiving your notice of defense, the board will send your case to the Office of Administrative Hearings, and an ALJ will be assigned to the case. The case will proceed to the discovery phase of the investigation, and the BREs’ attorney will evaluate the issues highlighted in the statement of issues.

The discovery stage involves both parties learning about the evidence that each side intends to use at the administrative hearing. The evidence can be the names of witnesses and the boards’ reports regarding your case. The discovery should be completed within thirty days.

After the discovery stage is complete, the board can request you to attend a settlement conference at which the board will offer you a stipulated settlement offer with the terms you should accept for the involved parties to agree.

The settlement process is identical to plea bargaining. The board will forego more severe disciplinary penalties in exchange for an early resolution of the case. You waive your right to the administrative hearing and avoid the likelihood of the board imposing more severe discipline. 

If you fail to agree, the case will proceed to the administrative hearing, where both sides should present their documentary and testimonial evidence supporting their positions. Each party has the burden of proof to convince the ALJ on the contested factual issues. The BRE will first present its case, with your defense lawyer exercising your right to cross-examine the witnesses. Then the role will be reversed. At the conclusion of the hearing, the ALJ will issue their proposed decision to the BRE within 30 days. Then the BRE has 100 days to do any of the following:

  • Adopt the ALJ’s decision.
  • Reject the recommended decision and impose its decision
  • Automatically make the recommended decision the final decision once the 100 days have elapsed.

You can request the board to reconsider its decision at any time, provided the decision is not final. Reconsideration allows you to highlight mistakes in the decision or present new arguments or evidence to the BRE. If the board grants your petition to reconsider, it will request your oral and written arguments before it issues a new decision that alters or affirms its previous ruling.

If the BRE has revoked the professional license, you could submit your petition for reinstatement following a specific duration of time. License reinstatement is dependent on participating in rehabilitation and demonstrating good behavior during the probationary period.

What to Do When Facing an Allegation

Taking the right steps after learning of the allegations increases the chances of obtaining the best possible case outcome. These steps include the following:

Avoid Discussing the Case with Any Other Person Other than Your Attorney

When you discuss the disciplinary issue with your lawyer, the attorney-client privilege will protect your conversation. The lawyer should keep your conversations confidential.

However, these confidentiality rules do not apply to other individuals you talk to. Although you might consider discussing your case with your  family and friends, you should avoid doing so. The BRE can contact them as case witnesses or ask them to provide specific information about your professional disciplinary  case. If you have already spoken about your disciplinary case, they could inadvertently give details that might hurt your professional disciplinary issue.

You should avoid contacting the complainant in the hope of resolving the bone of contention informally. The BRE might consider your conduct an attempt to bribe the witness/complainant or influence them to withdraw your allegation, and it might result in more severe disciplinary actions.

Finally, you should not contact the investigators or any BRE employee. Although you might consider giving your version of the story, you might innocently provide details that could hurt the case. Before discussing anything with any BRE representative, allow your defense attorney to handle your communications with the board.

Maintaining  a Low Profile

Anxiety and stress due to the allegations against you can make you behave differently from your normal conduct. It can be tempting to post about the case on your social media accounts or cause a scene at your local bar. Seeking attention and acting unprofessionally and inappropriately will not assist the matter.

Avoid publicly attacking the complainant, whether in person or on your social media accounts. Additionally, do not criticize the board.

Overindulging in alcohol and substance abuse, partying, or behaving inappropriately in public will affect the image you want to portray to the BRE. Any person who witnesses your bad conduct could contact the BRE and report you.

You should avoid spaces that give the impression you are not taking the allegations seriously. Restrict yourself to school, home, or work and build strong case defense strategies. Your defense attorney can collect and analyze evidence to develop a viable and effective legal strategy for your case.

Take the Allegation Seriously

You should take the allegations against you seriously if you think the allegation is unfounded. The BRE will investigate the complaint, irrespective of the complainant or how meritless the allegation might seem.

It is unwise to ignore the allegation because you believe the BRE will side with you or the case will disappear on its own. The reality is that the BRE aims to protect the public, not you. The most effective strategy is to help your defense legal advocate safeguard your interests.

Avoid Lying to the BRE

Even highly educated experts make mistakes. Nevertheless, trying to cover up your mistakes or lying will worsen the situation. If the licensing agency knows that you lied, you will face more serious disciplinary actions.

Avoid hiding, covering up, destroying, forging, or altering proof associated with your allegations. Notes, documents, and records relevant to your allegations are evidence in the case. You might face more severe disciplinary action if the BRE requests evidence and later learns that you destroyed the evidence. Allow your lawyer to handle the discovery process and evidence for you to avoid dire consequences.

Do Not Consider Representing Yourself before Your Licensing Agency

While you might be an experienced real estate broker, you might not be good at legal representation. It might be your first time facing disciplinary proceedings, whereas your defense lawyer has represented many clients in professional disciplinary proceedings. Your lawyer knows what to anticipate from the BRE and the procedure the licensing board follows throughout the disciplinary proceedings. The attorney is also familiar with administrative law and building a legal defense to obtain the most favorable case outcome.

Additionally, when your career is at stake, you might feel angry, upset, frustrated, and confused about the case circumstances. You might feel that the professional disciplinary hearings are personal attacks against you and your career. It is hard to maintain composure when representing yourself. Becoming upset or emotional can harm your professional disciplinary case. Your attorney will represent your interests professionally and calmly, which is more effective in the disciplinary case.

Contact Competent Legal Help Near Me

If you are a licensed real estate broker who is accused of professional misconduct by the BRE, you should take prompt action. Your livelihood and professional license are on the line. Do not contact the complainant to resolve the issue or the board to explain your side of the story; it could land you in more trouble.

The San Francisco License Attorney can help guide you throughout the process and protect your license and interests. We can work closely with you to collect evidence and build a strong defense that increases your chances of obtaining the best possible outcome. Please contact us at 415-707-6383 to book your initial free consultation.

The Individuals We Represent

At San Francisco License Attorney, we represent the following groups of professionals:

Architect

Behavioral Sciences

Chiropractic

College Disciplinary and Title IX Proceedings

Contractor and General Contractor

Criminal Defense

Dentists, Dental Assistants & Dental Hygienists

Landscape Architect

Occupational Therapy

Optometry

Osteopathic

Paramedics and Emergency Medical Technicians

Pharmacists & Pharmacy Technicians

Physical Therapist

Real Estate Broker

Registered Nursing

Respiratory Care Practitioner

Speech-Language Pathology, Audiology, & Hearing Aid Dispensers

Veterinarian

Vocational Nursing & Psychiatric Technicians

If you’re facing issues with your professional license, contact us immediately. We’re here to help!

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Testimonials

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I was facing serious charges that could have cost me my license. San Francisco License Attorney provided expert guidance and defense that ultimately saved my career.

Lily M.

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The team at San Francisco License Attorney truly cares about their clients. They fought for me every step of the way and helped me retain my professional license.

James K.

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Professional, reliable, and knowledgeable. San Francisco License Attorney handled my case with the utmost care, and I couldn’t be more satisfied with the outcome.

Tina R.

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I can’t thank San Francisco License Attorney enough for their support. They took my case seriously, answered all my questions, and made sure I kept my license.

Eric B.

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I was so stressed about losing my license, but San Francisco License Attorney’s team gave me hope and delivered outstanding results. Highly recommended!

Catherine D.

Frequently Asked Questions

The common questions we are asked at San Francisco License Attorney include:

Most license discipline issues in California are determined through a formal hearing process according to the Administrative Procedure Act (APA). This law provides for basic due process through a hearing and written notices. This often happens if demanded by the person denied a license or the licensee before an administrative law judge. It usually takes place at the office of the Administrative Hearings. Some administrative issues are addressed informally through other procedures, like an informal citation or investigation.

Unlike other forms of trials, in a formal administrative disciplinary hearing, the bureau, board, or licensing agency makes the final ruling on the case. The department, bureau, board, or licensing agency can reverse the ruling of the administrative judge even if the judge finds in a licensee’s favor.

Most attorneys have licenses, but only a few have the competency to handle professional licensing administrative cases. An attorney must frequently attend the administrative hearings to be competent to handle licensing administrative cases. He/she must also have handled several professional licensing issues.

Professional licensing administrative cases can take many years from the initial incident to a final ruling. Only a competent attorney has the knowledge of the process. An attorney who does not attend administrative hearings or appeals of adverse rulings might not have the confidence, insight, or ability to deliver on a case.

There are provisions for license reinstatement. You can restore your revoked license upon showing rehabilitation. A defendant is required to wait for a period that does not exceed three years to file a petition for reinstatement. You will not have to requalify for the license. You only need to attend an administrative hearing or appear before a licensing board at a board meeting to ask for reinstatement. Other licensing agencies can ask you to reapply for the license.

The license applicant can request the agency to look into its ruling before the ruling becomes final. Reconsideration is often a chance to review the weakness in the administrative ruling. This allows new evidence and legal arguments to draw the licensing agency’s attention. It also gives an opportunity for objections before the administrative case ends. Sometimes, the agency can stay or delay the ruling for a short period to review the petition for reconsideration. The agency can request written or verbal arguments if reconsideration is granted. This can happen before a new ruling is issued, either changing or affirming the prior ruling.

Some license denials or formal punishments result in a stipulated settlement that can inform a plea bargain. The licensing agency will drop severe disciplinary action or outright denial of a license in a stipulated settlement. This can help achieve a faster resolution of the case. The license applicant is also allowed to waive their right to a hearing to avoid potentially more severe punishment or an outright license denial after the hearing. Stipulated settlements often result from negotiation between the defendant’s attorney and the agency’s attorney.

The terms of a stipulated settlement vary depending on the agency, department, bureau, or board. Certain cases can be settled for a reprimand, but many cases are settled for probation. Often, probation involves some suspended or stayed punishment and specific duties, like treatment, community service, or classes. You risk facing a previous suspension or stay of punishment if you commit a new violation during the probationary period.

A formal administrative hearing is more of a trial. It is presided over by a judge, a court reporter, and attorneys who present the cases. A highly trained attorney represents the state agency. He/she will handle licensing issues professionally throughout the whole process. The environment is usually less formal than the superior court because a jury is not allowed. The rules of evidence, which strictly apply in civil and criminal cases, are not as strict. The following will happen during an administrative hearing:

  • The evidence will be tabled.
  • The witnesses are cross-examined and asked questions
  • Making of closing factual and legal arguments

You will receive a flat fee or an hourly fee when you consult the San Francisco Licensing Attorney. We accept many forms of payment. This includes checks, cash, debit cards, and credit cards. We can bill your insurance company directly for your legal fees if you have license defense coverage on your errors and omissions insurance policy. Our company will do this if your carrier extends coverage to your licensing case. We will also ask your insurance company to reimburse you for your legal fees at the end of your case.

Most appeals of administrative rulings are made in the Superior Court. Also known as an appeal for writ of administrative mandamus, this process is extremely complicated. The Superior Court will demand written legal arguments and preparation of the administrative hearing record. The court will set a hearing after the written argument process. In most cases, the case will be sent back to the administrative agency with guidance from the Superior Court if the defendant wins the appeal.

Like in most criminal cases, a person denied a license or a licensee has a right to testify during the hearing, unless the Fifth Amendment rights are invoked. The licensing agency attorney will call you to serve as a witness if you fail to voluntarily testify on your own behalf. You should have a skilled license law attorney to prepare you for the hearing if you have an administrative hearing. Our San Francisco License Attorney team will take you through the questions during testimony. We will also protect you from improper or unfair questions from the prosecutor.

Find A Dependable License Defense Attorney Near Me

If you risk losing your professional license or the licensing board denies you a license, you should not give up. Our team at the San Francisco License Attorney has the knowledge and experience to handle your case, no matter how intricate. We understand every step of the license defense process, and you can count on our unwavering support. Our attorney helps a wide range of professionals to achieve the best possible outcomes for their license defense cases. For reliable legal representation, contact us at (415) 707-6383 to speak to our attorney.