The real estate business thrives daily as people buy real estate properties that interest them and sell the ones they no longer need. Buyers and sellers in this industry require the support and assistance of real estate brokers to connect to the people they need to buy from or sell to. Brokers must be reliable, trustworthy, and highly connected. If you meet the requirements of a broker and have the required training and permit, you are charged with a crucial responsibility. However, you must serve your clients satisfactorily.
Otherwise, you can lose your license if a client, employer, or colleague raises a complaint against you with the Real Estate Bureau. Sadly, the department takes these complaints and allegations seriously. It will start an investigation immediately and can suspend or revoke your license, depending on the outcome of the investigation. A complaint and subsequent investigation will also put your reputation at risk.
If you are under investigation in Oakland, we can help you fight to keep your license and safeguard your reputation at Oakland License Attorney. Our attorneys are familiar with the regulations, statutes, and processes involved in license defense.
The Critical Role of Real Estate Agents and Brokers
So many processes take place in the real estate to ensure smooth and successful sale and purchase of real estate properties. Real estate agents and brokers are among the crucial people who assist buyers and sellers in the industry. Though their roles and involvement in real estate deals differ, their purpose is almost identical. They help buyers and sellers find what they want and smoothen the processes. This means that agents and brokers work directly with buyers and sellers, which puts them at risk of allegations and complaints regarding professional misconduct. Let us look at their roles in detail:
A real estate agent is a licensed professional who connects real estate sellers and buyers. They are trained and experienced on the job to conduct market research and negotiations on behalf of their clients. They also ensure that all transactions in the real estate industry are legally done. As a real estate agent, you deeply understand how the real estate market operates.
You can remain tactful and sometimes upfront, especially in uncertain or tense situations. Your clients are crucial because of their business and the possibility of a referral, which keeps you in business. These benefits push you to remain sober-minded and careful as you conduct your business.
You also interact with all kinds of people as a real estate agent. These include sellers, buyers, appraisers, inspectors, and title or escrow officers. Typically, you must interact with all the professionals involved in the real estate industry. Additionally, you are involved in all legal processes in a real estate transaction. Thus, you must abide by the laws and regulations to avoid legal issues and protect your clients. This subjects you to mistakes or oversights that can result in a professional misconduct complaint. Sometimes, dissatisfied customers file misleading or false complaints that put your license and livelihood at risk.
Real estate brokers are equally crucial in the real estate industry. Brokers invest in real estate properties, assist people interested in these properties with legal transfers, negotiate favorable terms with people interested in leasing real estate properties, and ensure that buyers and leasers adhere to the contractual terms. Typically, real estate brokers act as middlemen between sellers and buyers. Sometimes, they organize financing on behalf of buyers.
As a broker in the real estate industry, your roles and responsibilities require knowing real estate statutes. You must deeply understand the local, state, and national economies to advise and assist your clients effectively. You should also be diligent enough to review the work of professionals involved in real estate transactions, including loan officers and appraisers. Hence, your role exposes you to all kinds of people, leaving you at risk of criminal charges, lawsuits, and formal complaints to the Real Estate Bureau.
Real estate agents and brokers take time to master the art and learn about the real estate industry and the laws involved. After school, they are tested and examined before being issued professional licenses. A license allows them to carry out their trade within a particular jurisdiction. Without it, you are not able to earn a living. That is why you must defend yourself and the career you have worked hard to build if you are under investigation by the bureau. A skilled license attorney can help you create a solid defense against your allegations for a favorable outcome.
The Mandate of The Real Estate Bureau in California
The bureau’s main mission is public safety. It protects sellers and buyers from financial harm and fraud in real estate transactions. The bureau uses all tactics to carry out this mission, including restricting the operations of real estate agents and brokers. Since the body issues operating licenses to these professionals, the bureau must ensure that licensed agents and brokers carry out their tasks carefully without committing professional misconduct.
The real estate bureau also has regulations that brokers and agents must adhere to. It sets the standard of operations by these professionals. If you violate any of these standards or regulations, you are subject to disciplinary action, which includes paying a fine or losing your license to suspension or revocation. Here are some violations that can result in disciplinary action by the bureau:
- Working as a real estate agent or broker without a valid license.
- Going beyond the limitations of your permit in service delivery.
- Failing to supervise an assistant working under you properly.
- Committing any form of fraud, including real estate fraud.
- Misrepresenting yourself to real estate buyers and sellers, especially in matters requiring them to make an informed decision.
- Failure to properly maintain financial data.
- Unprofessional conduct with clients or colleagues.
- A criminal arrest or conviction that makes it difficult for you to serve in your position.
- Being under the bureau’s investigation or the investigation of another government agency.
This is an incomplete list of mistakes or omissions that could trigger an investigation by your licensing body. Once the bureau receives a complaint against a real estate agent or broker, it starts an investigation immediately. The board will suspend your license pending the outcome of the investigation. However, this only happens in severe cases. If your charges are less severe, the bureau will allow you to continue serving in the inquiry.
Once the investigation is over, the bureau’s decision will depend on the gravity of your charges. Here are some of the disciplinary measures it takes against guilty real state brokers and agents:
A Letter of Reprimand
The bureau can send a letter to reprimand your conduct that resulted in the professional violation you were under investigation for. The reprimand is simply a warning against similar conduct in the future. Letters of this nature are usually publicly issued by the bureau. This means many people will see your letter, especially in the real estate business. That could hurt your reputation and make gaining clients or finding a job difficult. It could also strain your relationship with your current clients or employer.
A skilled license attorney can challenge the issuance of that letter to protect your career and reputation.
A Desist or Refrain Order
The bureau can also issue an order against the behavior that resulted in a complaint by your clients, employer, or colleague. The order simply asks you to refrain or desist from similar conduct. It is also publicly issued and could have the same effect as a letter or reprimand. But a license attorney can challenge the order before the judge issues it to protect your reputation.
A Citation and Administrative Fine
The bureau can issue you a citation, requiring you to pay a particular fine. The amount can be more or less, based on the severity of the matter. Again, citations are usually publicly issued. But your attorney can help you fight it in court to prevent it from hurting your reputation and career. Your attorney can also fight for a favorable or no fine. They will do their best to obtain the best possible outcome for your case.
License Suspension or Revocation
You can lose your license as a real estate agent or broker for professional misconduct if the allegations against you are serious. If the bureau feels you are unsuitable for the real estate industry, it can revoke your license. A license revocation means losing your ability to work in the industry. It means a lost career and livelihood. This is a harsh discipline that the bureau only uses in grave cases. But an aggressive license attorney will not let that happen. They will prepare a strong defense or present evidence to compel the administrative judges to reconsider their decision.
Instead of revoking your license, the bureau can suspend it for a particular period. Although you will not practice your career for a specific period, you can return to the industry after serving your sentence. You can apply for license reinstatement after the suspension period. In this case, your attorney can fight for a reasonable suspension period if they cannot overturn the suspension in the first place.
License Probation
If your attorney successfully fights your license revocation or suspension, the bureau can agree to stay the revocation and place your license on probation. Being on probation means the bureau will closely monitor your performance within a particular period. If you conduct yourself professionally throughout that period and adhere to all probation conditions set by the administrative judges, the bureau will reinstate your license. Otherwise, a violation can result in a permanent revocation of your permit.
An aggressive attorney will fight for the best outcome in your case. They can fight the probation. They can convince the judge to give you favorable probation terms if impossible. This way, you will conduct your business with minimal issues.
Criminal or Civil Penalties
Professional misconduct by a real estate agent or broker can result in criminal charges or a civil lawsuit. If an aggrieved employer, colleague, or client files a case against you in a criminal court, the district attorney will file charges. You will undergo a trial, determining whether you will be free to work in the real estate industry or serve time behind bars. If the aggrieved complainant wishes to recover damages, they can file a lawsuit against you in a civil court. The judge will determine your case based on the evidence you and the plaintiff presented.
Your attorney can help you understand your options if facing criminal charges or a civil lawsuit. They can also help you find a competent criminal defense attorney to help you fight your charges.
What To Do If Facing a Professional Complaint or Allegation
You should not ignore a professional complaint filed with the bureau. Remember that the bureau’s main mandate is public safety. It will start an investigation immediately and could take stern action against you. Thus, your first step should be to hire a competent license attorney for advice, guidance, and legal representation. A skilled attorney will know best how to handle your situation without compromising it further. They will also protect your rights and fight for your best interests.
Find a Skilled License Attorney Near Me
Are you or someone you know under the Real Estate Bureau of California investigation in Oakland for professional misconduct?
Even an excellent real estate agent or broker is subject to complaints and allegations that can risk their license and livelihood. However, you can benefit from the help and support of an experienced license attorney.
Our Oakland License Attorney attorneys have defended many real estate licenses. We know how hard you worked and how much you spent to obtain your skills and license. Thus, we can help you obtain a favorable outcome for your case, regardless of the gravity of your charges. We can protect your rights, explain your options, and use our best strategies to obtain the best outcome for your situation. Call us at 341-234-0408 to start the legal process with us.
