Real Estate License Defense Attorneys
Experience. Insight. Reputation. Results.
A Practice Limited to Licenses and Regulatory Law. This is the Ray & Bishop Difference.
California’s Leading Real Estate License Lawyers
Ray & Bishop’s California real estate license defense attorneys aggressively represent real estate brokers and salespersons in DRE license applications, investigations, disclosures, broker office surveys, broker trust account audits, denials, accusations, appeals, reinstatements, and related legal matters. Our strategy is simple: prevent problems, fight for the client if accused, and appeal unfair results. Our focused, experienced, dedicated license and regulatory practice gives you the advantage. Contact Ray & Bishop for a prompt, thorough and thoughtful discussion of your legal issue with one of our BRE attorneys.
Defending Real Estate Brokers and Salespersons in Situations from Simple Mistakes to Complex Disputes
Choosing an experienced, knowledgeable real estate license defense attorney is key to getting the best result from your Department of Real Estate of California license matter. Ray & Bishop attorneys defend real estate brokers and salespersons in all disciplinary situations, including:
- Discipline for criminal convictions.
- Broker trust fund shortages and conversion.
- Comingling of broker trust funds.
- Compliance errors exposed by a broker office survey.
- Aiding and abetting the unlicensed transacting of real estate.
- Disqualification from MLO licensing due to criminal convictions, civil lawsuits, bankruptcy, poor credit or other background issues.
- Fraud in real estate transactions, including fraud in short sales.
- Unlawful payment of commissions.
- Transacting real estate without a license.
- Unlicensed real estate corporations.
- Salesperson activity without a sponsoring broker.
- Discipline against out-of-state real estate licenses.
- Discipline against other licenses, such as an insurance license or notary commission.
- Discipline by other financial regulators, such as FINRA or the SEC.
Adverse History Disclosures on DRE License Applications, Mandated Disclosures on Form RE 238 and Voluntary Completion of Forms RE515 and RE515D
We also aid real estate brokers and salespersons in the license application process. Issues that give rise to problems in physician license applications include criminal convictions or a prior history of discipline with another licensing board or other California licensing agency. Adverse actions such as criminal convictions, felony charges and other license discipline may be subject to mandated reporting by DRE on form RE 238. BRE special investigators and analysts may request information on forms RE 515 and RE 515D.
Expertise in all Aspect of DRE License and Regulatory Issues
Ray & Bishop provides legal representation for Real estate brokers and Salespersons in any regulatory agency contact with the potential for an adverse outcome, including:
- Mandated disclosures
- Broker Office Surveys
- Broker Office Audits
- BRE Investigations by Enforcement Analysts
- BRE Investigations by Special Investigators
- Denial of a Real Estate Broker License or Real Estate Salesperson License
- Defense from an Accusation
- Administrative Hearing
- Petition for Reconsideration after an Adverse Decision
- Writ of Administrative Mandamus (Appeal) after a Loss at Administrative Hearing
- Relief from a Default Judgment
- Modification of Discipline
- Petition for Reinstatement of a Lost License
- Petition to Lift Restriction from a License
DRE Investigations, Accusations, License Denials – Frequently Asked Questions
I’ve been contacted by a DRE enforcement analyst or DRE Special Investigator. What should I do?
Hire an attorney. Any statements you make to an investigator or analyst can become admissions that can be used against you later in court. An attorney can step between you and the investigator or analyst and perform many important tasks, including clearing up misunderstandings, proactively addressing agency concerns, stopping intrusive and oppressive harassment by investigators, and facilitating communication between the real estate broker or salesperson and DRE in a manner that is managed, documented and controlled.
How should I reveal a past problem on an application, renewal form or disclosure form?
Truthfully and carefully. We understand the tools that the DRE will use to detect adverse events and fact check your application or renewal form for honesty and accuracy. We know the rules for what must be disclosed and what need not be disclosed. If an explanation is required, we can assist with important strategic and messaging considerations to minimize the danger of denial or discipline resulting from the disclosure.
I just received a Statement of Issues. What’s my recourse?
A Statement of Issues from the Department of Real Estate denying a license requires the filing of a Notice of Defense within 15 days of the date when the Statement of Issues was sent (not the date it was received). It is best to promptly contact Ray & Bishop for a consultation to review the letter, before an important deadline passes.
I’ve received an Accusation. What’s my next step?
You have only 15 days from the date the Accusation was sent to you (not from the date you received it) to file the Notice of Defense. This matter should be turned over to an attorney as quickly as possible so that this deadline is met and the filing of the Notice of Defense is documented with proof of filing.
How do I pay for an attorney?
We accept all major credit cards, bank debit cards, checks, money orders and cash. Interest-free payment plans may be available in some circumstances.
Unique Aspects of DRE License Cases
The Department of Real Estate issues mortgage loan originator (MLO) endorsements, real estate broker licenses, real estate salesperson license and real estate corporation licenses. Since a real estate brokerage must follow a number of compliance requirements and sometime hold client money in trust accounts, DRE uses special investigative tools for brokerages. DRE Special Investigators will come to a real estate brokerage or DRE-licensed mortgage lender to conduct a broker office survey, asking numerous questions and reviewing contracts and files to test for regulatory compliance. DRE auditors or examiners conduct trust fund audits to make sure trust fund accounts have been set up properly, are correctly maintained, that all trust funds are accounted for, and that earned funds and client trust funds are not unlawfully comingled.
DRE is unique in that when a real estate license is denied, they will take the case to hearing within 90 days of receipt of a Notice of Defense in reply from a Statement of Issues. For post-discipline relief, such as reinstatement of a revoked license, lifting of a restriction or modification of terms, DRE has an internal process that does not provide an administrative hearing and requires payment of an $800.00 fee, DRE is the only agency that follows this procedure. DRE also permits a licensee to petition for removal of discipline off of one’s license record after 10 years has passed, upon a required showing and the payment of a fee.
5000 Birch Street, Suite 7000
Newport Beach, CA 92660
**Attorneys are only licensed to practice law in California. Attorneys’ offices are only located in California. However, pursuant to United States Code of Federal Regulations 8 C.F.R. § 1.2 and United States Code 5 U.S.C. § 500, Attorneys may practice Federal Administrative Law and represent an individual located outside of California within the parameters of Federal Administrative Law. Attorneys will NOT advise clients on the laws of any State or any State law legal matters (with the exception of California). The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Legal advertisement.**