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Defenses to raise in a BRE or DBO real estate accusation

Jun 10th, 2015 | By | Category: Real Estate Broker Law

Administrative Hearings Law in California

Tips to defend your real estate license

Introduction

When you receive a formal “accusation” served on you by the Cal DBO or CalBRE in regard to your real estate license, your stress level will go through the roof because everything you have worked for is on the line.  Your life, your passion, your career, your income.  When this happens, pick up the phone and call us.  We can provide the guidance and experienced leadership you are looking for and we can explore possible legal defenses, discuss the process, and provide realistic potential outcomes.  This blog discusses accusation legal defenses when your real estate MLO lending license, property management license, or other real estate license is on the line.

The Notice of Defense

When you are served with a “accusation” relating to real estate, mortgage lending, property management, escrow, appraisal or other real estate licensed activity, you need to make sure that you file your Notice of Defense. The notice of defense lets the regulatory agency know you are challenging the accusation and disputing the charges being made against you.  This allows your real estate lawyer to investigate your case, and raise the proper legal arguments.  As the old saying goes, if you do not raise the defenses then you WAIVE them.  Click on the picture below to watch AttorneySteve, the CalBRE real estate license defense lawyer, discuss this important legal topic.  Make sure to click on the Red “V” (for Victory) to subscribe to our FREE business and real estate law updates straight to your desktop!  We appreciate your support!

What is a notice of defense in Cali

Common Defenses that can be raised in a Real Estate Accusation in California

Here are a few recognized legal defenses that you can raise when you are faced with a real estate complaint by the California Bureau of Real Estate (“CalBRE”) or the California Department of Business Oversight (“DBO”):

1.  Statute of limitations

2.  Equitable estoppel

3.  Agency misconduct

4.  Equal rights violation

5.  Lack of “guilty knowledge”

6.  Entrapment

This is not an exclusive list of defenses.  To learn more, contact us below.  You owe it to yourself to have a real estate compliance lawyer closely examine your case and help you ascertain what legal defenses might be available to you to help you protect against the loss of your licensing rights to suspension or revocation.

Contact a Administrative hearing lawyer

 To learn more about legal defenses that may apply in your case, contact one of our real estate administrative hearing lawyers.  We handle cases from San Diego to San Francisco and everything in between.  Call us at (877) 276-5084.  You can also send us an email to the address on the right side of this page to have Attorney Steve call you directly.

 

 

 

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We are a business and civil litigation firm with a focus on copyright infringement cases involving illegal movie downloads (torrent cases such as London Has Fallen and Malibu Media defense), software audits (ex. Microsoft audits, SPLA, Autodesk audit notification letter, Siemens PLM defense, SIIA, Adobe and Business Software Alliance defense) and other software vendors threatening piracy and infringement. We also handle cases involving internet law, anti-SLAPP, media law, right of publicity, trademarks & domain name infringement, and we have a niche practice area handling California BRE licensing disputes, accusations, subpoena response, statement of issues and investigations. We have offices in San Francisco, Beverly Hills, Newport Beach, San Diego & Phoenix, Arizona and accept federal copyright and trademark cases nationwide. All content on our website is general legal information only and not a substitute for legal advice, and should not be relied upon. Decisions to hire counsel should not be based on advertising alone. Blogs, videos and podcasts are authored by Steve Vondran, Esq. unless otherwise noted. We can be reached at (877) 276-5084.

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