Real Estate, Department of

Department of Real Estate, DRE

Custom title: 
Department of Real Estate

Deferred Entry of Judgment: Do I Have to Report it to My Licensing Agency in CA?

After successful completion of diversion or deferred entry of judgment in California under Penal Code sections 1001.9 and 1000.4,the arrest and diversion or deferred entry of judgment is deemed not to have occurred, and the licensee or applicant “may indicate in response to any question concerning his or her prior criminal record that he or she was not arrested or diverted [or granted deferred entry of judgment] for the offense….” (Penal Code sections 1001.9 and 1000.4.)

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.  Unfortunately, the arrest involved conduct of a sexual nature that is not reflected in the conviction.  The good news is that the event happened many years ago when our client was very young.

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 10177.5 authorizes discipline based on a civil judgment for misrepresentation, fraud or deceit.  The Department of Real Estate suspended Grubb’s real estate broker’s license based solely on the court record showing the judgment.  Grubb appealed.

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. Searching for a California administrative law attorney may help you find the right “license law” attorney.

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.

The Department of Real Estate (DRE) denied Donley’s application for a real estate salesperson’s license because he had been convicted of spousal battery in violation of Penal Code section 273.5, a misdemeanor. The DRE did, however, issue Donley a restricted real estate salesperson’s license after finding partial rehabilitation.

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. A key factor in this case was the strength of the rehabilitation evidence.

Court upheld revocation of real estate broker's license based on conviction for fire code violations

On June 23, 2009, in Robbins v. Davi 2009 DJDAR 9167 at 9170), the Court of Appeal upheld the revocation of a real estate broker's license based upon misdemeanor convictions for local fire code violations.