If you have undergone an Audit and Investigation by the DRE and are facing an “Accusation” you may be wondering what you legal rights are and how you should respond. Here is a basic overview of what happens when you receive an “accusation” from the California Department of Real Estate.
(1) You will be served with a Copy of the Accusation from the DRE which document is a formal complaint which generally seeks to revoke your real estate license. The Accusation will set forth the charges against you and the code sections you are alleged to have violated. The accusation must be clear and unambiguous or you can object on these grounds.
(2) You will then have 15 days to file a Notice of Defense (usually included in the materials you receive from the DRE) which asks you if you want to challenge the accusation. If you do not make some type of response within 15 days you waive your right to a hearing. This is why it is CRITICAL to contact a DRE Defense Lawyer the minute you receive an accusation to chart out a potential litigation strategy.
(3) You may want to seek to settle the matter by providing exonerating evidence, or else challenge the accusation by demanding an Administrative hearing.
(4) You have the legal right to review the investigation file that is being used against you. You must make a written demand for this.
(5) You also have the legal right to present evidence on your behalf, and call witnesses, for example.
(6) If you go to trial, you will probably want to be represented by a DRE defense lawyer.
(7) If you do not win at the hearing, you have a legal right to appeal your case to the State Court system by filing for a writ of mandate against the DRE in Superior Court.
This is a basic overview of the process you can expect when facing a DRE Accusation. Should you wish to discuss your case and your options contact us at (877) 276-5084.
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Attorney Steve Vondran is a lawyer licensed to practice law in California and Arizona, and is also a licensed real estate broker in both states. During the loan modification BOOM, Mr. Vondran represented approximately 60 companies in getting legally approved to accept advance fees, submit verified accountings, and has represented California brokers in DRE Audits and investigations. He has experience with the California Consultant Law, SB 94, and other laws impacting real estate brokers including trust accounting rules and regulations.
