License Applications, Denials and Statement of Issues
Applying for your license is exciting because it is one of the last hurdles before you can begin your career. For many the application process with the DRE is straightforward and simple. However, for some, past criminal convictions or other issues can lock them up. The attorneys at Unlock Legal will complete and file your application on your behalf to make sure that you have the best chance of having it granted.
If you have submitted your application and it has been denied, you are not locked out of your career. A denial of your application is called a Statement of Issues. We will defend you to the DRE with the intention that you are granted your license free and clear. If your license must be restricted, we will negotiate the best possible terms and conditions. A part of your defense may be cleaning up any past criminal issues to show your rehabilitation to the licensing body.
If someone files a complaint against you with the DRE, the DRE may instigate an investigation or an audit against you. If you receive a Corrective Action Letter, call us immediately. The attorneys at Unlock Legal will request a copy of the complaint, assist you in preparation of any statement, prepare you for the investigation interview, and represent you at the interview with the investigator. It is important to have experienced counsel with you at an investigation interview to assist you in answering any questions appropriately, and advising you when not to speak. With the right advice and counsel an investigation may end at the interview stage. If not, your licensing body may choose to file a formal complaint against you called an Accusation.
An Accusation is a formal complaint drafted by the DRE attorneys. It alleges various causes of action against you which may stem from conviction of a crime, and/or allegations of other bad acts like substance abuse, or deviation from the standard of care. You have only 15 days to send a Notice of Defense once you have been served with an Accusation. If you miss the deadline a default order may be rendered against you resulting in the revocation of your license.
It is imperative that you hire experienced counsel to represent you if an Accusation has been filed against you. Time is of the essence, and your career and livelihood is at stake.
Reinstatement of License
If you have lost your license you are not locked out of the career of your choice. After a certain amount of time you are eligible to apply to the DRE again. In addition, you can generally request that your restricted license be converted to a full unencumbered license. We love to demonstrate mitigating circumstances and rehabilitation to the DRE to get our Real Estate agents and brokers back to work as soon as possible!