Real Estate | Slote, Links & Boreman, PC

We have over 20 years of experience defending real estate brokers and salespersons before the California Department of Real Estate (DRE).

Important Real Estate Laws

Unlike most California licensing agencies, the Department of Real Estate has a three-year Statute of Limitations. (Bus. & Prof. Code, § 10101) This statute of limitations should be considered in Accusations alleging practice-related misconduct.

Citations were authorized by 2012 legislation and started coming into use in 2013. We have successfully intervened at the audit/investigation stage to avoid the filing of a public Accusation by negotiating citations, which are not published on the BRE website.

Real estate brokers and salespersons must self-report misdemeanor criminal convictions, felony charges and license discipline by another agency within 30 days. (Bus. & Prof. Code, § 10186.2) This requirement started in 2012.

If you hear from a DRE investigator or auditor, we recommend that you consult with counsel before responding.

We have extensive experience handling:

Investigations and Interviews
Audits
License Denial by Statement of Issues
Citations
Accusations
Administrative Hearings
Appeals by Petition for Writ of Mandate
Appeals to the Court of Appeal
Petitions for Reinstatement

Our cases involve allegations related to:

Commercial Real Estate
Property Management
Lending
Complaints from sellers, buyers, and tenants and borrowers
Advance Fees
Disclosures
Alleged misrepresentations
Arrests and criminal convictions

Articles and Case Results

Embarrassing Conviction Did Not Prevent Issuance of Real Estate License

Our client disclosed a common misdemeanor conviction on an application for a California real estate salesperson's license. The California Department of Real Estate (DRE) asked our client for detailed information surrounding the conviction.

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September 5, 2011

Court Interprets Time for Filing Petition for Writ of Mandate

In Blaich v. West Hollywood Rent Stabilization Department, a landlord sought to overturn a decision of the West Hollywood Rent Stabilization Commission ("the Commission") by petition for writ of mandate (aka writ of administrative mandamus). The issue is whether the Blaichs' appeal was timely.

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May 26, 2011

Court Overturns California Department of Real Estate Suspension of Broker’s License Based on Fraud Judgment

The California Department of Real Estate (Real Estate Commissioner) suspended the real estate broker’s license of the Grubb Company based on a civil fraud judgment arising from a dispute between the buyer and seller of a residence. Business and Professions Code section 10177.

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May 6, 2011

Finding a California license law attorney on the Internet--A Quick Tip

California license law attorney or lawyer is a common search phrase. The proper area of law, however, is administrative law. Professional license defense, or license law, is one area of administrative law.

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January 25, 2011

California Court of Appeal Finds that Conviction for Spousal Battery is Grounds for Denial of a Real Estate License

On December 2, 2009, the California Court of Appeal filed its decision in the case of Donley v. Davi, Case No. C058975.

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December 28, 2009

Department of Real Estate reinstates revoked salesperson's license after rehabilitation from federal loan fraud conviction

In 2009, the California Real Estate Commissioner granted our petition for reinstatement of a real estate salesperson's license. The license had been revoked in 1997 because of a federal criminal conviction for submitting a false bank loan application.

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December 5, 2009

Court Holds That Exclusionary Rule Does Not Apply In California State Personnel Board Case

On October 20, 2009, in the case of Department of Transportation v. State Personnel Board (Lee B. Kendrick, III, real party in interest) Case No.

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October 22, 2009

Court holds CalPERS to the 100 day rule of Government Code section 11517

On September 8, 2009, the Court of Appeal issued a decision in Matus v. Board of Administration of California Public Employees' Retirement System, Case No. C056576.

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September 17, 2009

Court of Appeal reaffirms independent judgment standard of review in police officer discipline case

On September 2, 2009, the California Court of Appeal decided the case of Cesar Wences v. City of Los Angeles, Case No. B208525. An off-duty Los Angeles Police Officer carried his gun at his side during a confrontation outside his home with a group of four individuals.

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September 3, 2009

Can a licensing agency deny or delay my license renewal because of allegations against me?

No. A license renewal is generally a ministerial act, which means that the government does not have discretion. Typically, a license renewal requires payment of a fee, submission of a form disclosing changes in background information and proof of continuing education.

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August 24, 2009