Receiving a notice from the California Board of Real Estate is a serious matter. The board may launch an investigation into a realtor if a complaint has been filed against them, or if the board believes that the realtor has been acting unfaithfully. Here at Pride Legal, our attorneys are there to help any realtor that has any claims brought up against them. Here, you’ll be able to read about how to protect your real estate license and the defenses that can be brought up.
How to defend against Real Estate License claims
The California Board of Real Estate has set their own laws and precedents that all realtors must adhere to. The board also has its own set of punishments and investigators, who will be in charge of going over the evidence provided in order to see if there have been any violations. The board handles claims such as:
-Disciplinary actions for criminal convictions
-Ethics violations
-Accusations
-Broker/agent contracts
-Audits
-License denials
Once the board hears a complaint or an accusation against a realtor, they will launch an investigation. The realtor will be notified via mail or email, letting them know that an investigation is now taking place against them. This is when a realtor should hire an attorney. It’s important to remember never to speak to any investigators or anyone with the board without your attorney present- as anything said will be used against you when compiling all the evidence.
What are some defenses to real estate license claims?
When a realtor receives notification that an investigation has been launched, the first step they should take is contacting an attorney. Everyone’s circumstance is different, so hiring a lawyer to review all the facts and evidence is key. Some common defenses are that the statute of limitations has expired on a claim, the realtor was not acting unfaithfully, or that the realtor had been acting ethically and had reported everything they were told. For example, a realtor must disclose any damages or issues that surround the property. If the realtor fails to disclose this information to the buyer, then the realtor could have a complaint on their hand. However, if the realtor could prove that they had no knowledge of such information, they could not have acted unfaithfully or unethically.
Another defense is that the statute of limitations has passed. The California Board of Real Estate has enacted a 3-year statute of limitations when filing a claim. This is important to keep in mind, as a lot could happen within the 3 year time period. The 3-year date would start once the property has been purchased and in the buyer’s name. The statute of limitations does not start under the property has been completely sold, and is now legally in the client’s name.
F.A.Qs:
Q: Can Pride Legal help fill out a real estate license application?
A: Yes! Our attorneys are well versed in the process it takes to become a real estate agent, and would be happy to help you complete your license application. It’s important to remember to always stay truthful on your application- any misses or incorrectly filled out information will result in the license being denied.
Q: A real estate board member has contacted me about an investigation. What can I do?
A: The first step a realtor should take once they receive a notification like this is to contact an attorney. Do not speak to the board member or any investigators without your attorney. Anything said could and will be used against you once compiling the evidence.
Q: How long do I have to file an appeal to the board’s investigation?
A: Once a person receives a notice about an investigation, they will have 15 days to file a Notice of Defense. This should be done immediately once the realtor knows that an investigation is taking place. Filing a Notice of Defense is nearly impossible without the help of an attorney.
Contact Pride Legal
If you or a loved one has received a notice from the board of real estate, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.
