If you have a brokerage license in the real estate industry in California and are under investigation by your licensing board, your professional reputation and license could be at risk. The Bureau of Real Estate takes statements of issues and complaints very thoughtfully and will not hesitate to take action against you if there is evidence of unprofessionalism. This could result in a lost livelihood after many years of hard work and dedication. You must act quickly to find the assistance of a license lawyer with expertise in your particular practice year. This is essential in safeguarding your career and license and ensuring your reputation remains untainted in this competitive industry.

Fortunately, the bureau allows you to defend your career and reputation during administrative procedures. Our lawyers at San Bernardino License Attorney understand how difficult it is to build a career in the real estate industry as a broker or any other professional. We can partner with you to defend your rights, career, and license if you face unprofessional allegations in San Bernardino.

Your Critical Role as a Broker in the Real Estate Industry

The real estate industry is diverse, with all kinds of professionals helping investors attain their investment goals. Most of these professionals, including real estate agents and brokers, are licensed professionals by the Bureau of Real Estate. They provide investors valuable services to make the right investment decisions regarding buying and selling real estate properties.

As a broker, your role involves dealing in California's vast but limited land. Your work includes assisting investors with legal transfers after buying properties within the state. You also help them negotiate favorable terms when purchasing or leasing real estate properties. Typically, you are a middleman between real estate sellers and buyers. For this, you must pay attention to all the requirements and terms and conditions in real estate contracts, ensure that your clients abide by them, and sometimes assist them with financing.

Sometimes, you are required to work as a real estate sales team manager, which involves working under the guidance of a licensed broker.

All these responsibilities and roles require a vast knowledge of real estate laws and the state, national, and local economies. You must also demonstrate diligence in reviewing various tasks performed by loan officers, appraisers, and anyone else involved in transactions in the real estate industry.

Although these roles sound noble enough, they expose you to criminal charges, possible civil suits, and formal allegations to your licensing board. You find yourself constantly fighting for your career, reputation, or both. You need an experienced license attorney who understands how administrative processes against licensed real estate brokers like you work. In addition to guiding you through complex legal processes, they can identify strategies that could help your situation.

When a complaint is brought against you to the Bureau of Real Estate, the bureau investigates to determine the strength and severity of the matter. Its goal is to protect the public against financial losses and other damages that could be caused by unprofessionalism or incompetence. This means the bureau will not be lenient if they have solid evidence of your unprofessionalism. However, a skilled attorney can support you in fighting for a reasonable outcome in your case. You will need a professional’s guidance, advice, and help to fight for your career and livelihood, which is what an attorney offers.

The Mission of Real Estate Bureau in California

The most prominent role of the Real Estate Bureau is to license qualified real estate brokers to work in and around California. A license certifies that a broker has the qualifications to serve clients' needs and assist them in real estate transactions. However, licensing real estate brokers is not the bureau’s primary mission. Its mission is to ensure public safety during real estate deals. The bureau does everything possible to protect the public from monetary losses by ensuring that those who assist them in the industry are competent. By doing so, the public is assured of its safety from real estate brokers' unprofessional, incompetent, and unsafe services.

Everything the bureau does is mainly geared toward protecting the public from economic harm and fraudulent acts in real estate matters. It uses various tools to accomplish its mandate, including restricting licenses for real estate brokers and agents. The bureau must ascertain that you are fully qualified for the job so they can issue you a permit. Additionally, the bureau establishes regulations by which real estate brokers must abide throughout their service delivery. These regulations determine the standards of operations in this industry. It also enforces laws and regulations through different types of discipline.

Specifically, the bureau enforces real estate and subdivided land laws in California. If you disregard any law within these significant statutes, the bureau has every right to take disciplinary action against you. However, it must first investigate the matter to determine the circumstances of your violation. Suppose there is sufficient evidence that you violated a critical real estate law or other laws governing your profession and an investor suffered harm. In that case, the bureau will take disciplinary action against you. The administrative process is usually lengthy, tedious, and challenging to navigate alone. A competent license attorney can assist you in all processes and push for the best possible outcome.

Possible Violations That Could Trigger Formal Discipline By the Real Estate Bureau

The bureau has a long list of violations you must not commit as a licensed real estate broker in California. Examples of these violations include the following:

  • Offering real estate brokerage services without proper certification.

  • Going beyond your license’s mandate or expertise when offering services.

  • Failure to supervise anyone working under your supervision or guidance.

  • Committing any kind of fraud or misrepresenting facts to clients with fraudulent intent.

  • Failing to maintain proper records for your clients.

  • Any sort of unprofessional behavior with a client or colleague.

  • A criminal behavior after obtaining your license or an undisclosed criminal behavior that should have been disclosed when applying for a license.

  • Being investigated by another government agency or another state’s licensing board.

Remember that this is not an exhaustive list of violations that could result in discipline by the Real Estate Bureau. If the bureau calls to inform you of a pending investigation, a skilled license attorney can assist you in determining the implications of the allegations against you and the possible consequences. This will help you prepare your defense well.

Additionally, these violations differ in severity. The board has different ways through which it disciplines unprofessional real estate brokers. The exact discipline you receive will depend on the gravity of your violations and your previous performance record. Here are examples of disciplines the board uses against unprofessional, negligent, or incompetent real estate brokers:

Reprimand Letters

The bureau can use a reprimand letter to warn you against further unprofessionalism or negligence. The letter can be public or private, depending on the severity of your violation and your prior record of indiscipline. A public letter of reprimand can significantly affect your reputation. If your clients, colleagues, or employer discover the reprimand, you could lose your job and any reputation you will have built in the industry. However, your attorney can assist you in fighting the reprimand by pushing for a private or no reprimand. A skilled attorney will help you counter anything that could harm your livelihood.

Desist and Refrain Orders

The bureau uses these for low-level violations. When you receive a desist or refrain order, the bureau simply wants you to change your conduct to avoid violating your client’s rights or the statutes governing your profession. However, this, too, can damage your reputation and career if the order is publicly done. If this worries you, you should speak to your attorney about fighting it and proposing a more favorable discipline to the bureau.

Administrative Fines

The board can fine you a particular amount depending on the gravity of your violation. The fine can be the only discipline you receive, or in addition to a citation or reprimand. Fines are usually used in lenient matters. However, you could face problems if the amount is more than you can afford. Your attorney can negotiate with the bureau for a reasonable or no fine.

License Revocation

More severe violations will result in severe disciplinary action by the bureau. The bureau can cancel your brokerage license if your actions or inactions cause a significant financial loss for a client or business. This will affect all the hard work and efforts you have invested in building a career in the real estate industry.

However, a competent attorney can negotiate for a more favorable resolution. Instead of canceling your license, the board can put you on probation or suspend the permit to allow you to correct your behavior for smoother operation.

What To Do If Under the Real Estate Bureau’s Investigation

When the bureau receives a complaint against a broker in the real estate industry, it does not rush to investigate it before ascertaining that the complaint is legitimate. Thus, you will not know about the complaint until the bureau decides to pursue it. Some of the complaints filed against real estate brokers do not result in an administrative process. The bureau can dismiss your case even before it starts if there is little evidence to support the allegation. However, if the bureau thinks the complaint is legitimate, you will be notified of the investigation and hearing.

You must hire a license attorney immediately after learning about the bureau’s investigation. This allows you enough time to familiarize yourself with the matter and the administrative process. It also allows your attorney time to investigate the matter and build a solid defense against your allegations. You must carefully select a skilled license attorney for the job. They must have experience handling a case like yours. Your attorney must also be present throughout your case for proper guidance and legal support.

Take time to understand what the allegations mean for your career in the real estate industry. A lenient allegation will not significantly impact your job but could affect your reputation. Building a reputation in this industry takes a long time, and could take even longer to repair a damaged reputation. This information will help you prepare well for the hearing.

Work with your attorney to gather evidence and build your defense. The bureau will review your proof against what was collected during the investigation to determine the case. The board will dismiss your case if you have strong evidence to counter the allegations. Your attorney can also introduce other factors in your case, like mitigating factors, to push for a desirable outcome. For example, they can demonstrate your excellent reputation in the industry to push for a more lenient resolution.

Do not miss any hearing date the bureau will set regarding your case. Once the bureau decides to pursue your case, it will appoint some administrative judges to head the investigation and hearing. You should attend the hearing in person or through your attorney to ensure that the hearing is fair. You will also ensure the board hears your arguments and reviews your evidence this way. You stand a higher chance of obtaining a favorable outcome when you appear in all the hearings for your case.

Find Expert San Bernardino License Attorney Services Near Me

If you face an administrative procedure as a licensed real estate broker in San Bernardino, a skilled license attorney can help. Administrative procedures are usually very tricky and can result in a lost livelihood. If you have worked hard and spent so much money to build a career in this industry, you must engage the support of a license attorney to protect your job and livelihood.

Attorneys at San Bernardino License Attorney are highly recommended in real estate license cases. This is because of our quality skills and experience in handling similar cases. We work closely with our clients to ensure we understand their needs and worries. Then, we use our most effective strategies to fight for their best interests. Call us at 909-966-4095 to learn more about us.