Real Estate License Defense Attorney
An accusation of wrongdoing can be a challenge to your professional reputation and license to practice your profession. Certain types of “on-duty” conduct while acting in the position of a real estate agent may portray you as a poor representative of your profession and lead to possible sanctions, suspension, or revocation of your license. Questionable professional behavior can also lead to the imposition of fines and the requirement to submit to remedial education. In such cases, it’s important to have a highly skilled real estate license defense attorney on your side who will be your advocate.
As well, if you are accused and convicted of a criminal act, including DUI, such actions can potentially ruin your career and put you in significant legal jeopardy. An experienced professional defense attorney can handle both the criminal and administrative hearing sides of your defense.
Have you been accused of wrongdoing that threatens your current estate license or puts you in legal jeopardy? At Fienman Defense, we have the resources and experience to defend you with skill through the various aspects of your case. We’ll fight hard to help you retain your license to sell real estate in Pennsylvania. Don’t hesitate to get the legal help you need.
Call us today at (215) 839-9529, or contact us online to set up a consultation.
Real Estate License Investigation
An investigation involving a professional real estate license in Pennsylvania may be initiated by the State’s Bureau of Professional and Occupational Affairs (BPOA) once it has received a complaint.
At Fienman Defense, we’re able to represent real estate agents, realtors, brokers, and appraisers in various types of administrative and disciplinary proceedings before the BPOA. Within the Bureau, the following departments govern the evaluation of a real estate license investigation.
- Real Estate Commission
- State Board of Certified Real Estate Appraisers
We understand the specific rules, practices, and procedures used in BPOA proceedings.
If a complaint is submitted against you as a real estate professional, you may receive a visit at your home or office from an investigator from the Bureau. If this occurs, you are not required to speak to the investigator. Your safest course of action will be to decline to answer any questions and instead consult with an experienced real estate license defense attorney.
After the investigation has ended, and if your case warrants further action as deemed by the BPOA, you may have the opportunity to negotiate with the Bureau regarding a possible negotiated sanction. However, such a negotiation may involve you making an admission of unlawful or unprofessional behavior. This can be both positive and negative. Depending on the nature of your response, it may be viewed favorably by the Bureau and enable you to retain your license. It is best to allow a skilled real estate license defense lawyer advise you throughout the investigative and negotiation stages of the process.
Order to Show Cause
If are formally charged, the BPOA will send you an Order to Show Cause, which is a civil complaint that details the allegations against you. The licensing board will then place the matter before a Hearing Examiner who will hear motions and ultimately oversee a hearing on your case which will result in a decision and final order.
The Administrative Law Process
Within the administrative hearing process, there is little opportunity for discovery. The prosecutor will provide copies of the documents the state intends to introduce at the administrative hearing. It’s important for your real estate license defense lawyer to know what documents to request in order to properly defend you. Your attorney may need to request a prehearing conference in order to obtain these documents. The Hearing Examiner may also subpoena third parties to the hearing as necessary.
Preparation for Your Hearing
After the issuance of an Order to Show Cause is submitted, it’s important that your real estate license defense attorney be fully prepared to litigate your case. If the Bureau prosecutor sees a high level of preparation on your side, it can put you in an advantageous position to obtain a favorable settlement.
Consent Decree and Order
A consent decree is similar in nature to a negotiated settlement in civil court. The potential severity of any penalties imposed may be reduced by agreeing to a consent decree. In such a case, you will make an admission of guilt and then receive a disciplinary action from the Board.
At Fienman Defense, we’ll help negotiate a consent decree on your behalf that is aimed at achieving the best possible outcome in your case. In most cases, it may be possible to negotiate an outcome on your behalf that avoids the loss of your professional real estate license.
Defense of DUI and Other Criminal Charges
Can you get a real estate license with the DUI? As someone with a past DUI and seeking to obtain a real estate license, how quickly you may be able to obtain a license may depend on certain factors regarding your case, including the date of your offense.
Our team is able to defend you in cases involving DUI, theft of prescription medications, drug charges, and more, all of which may threaten to not only put you in legal jeopardy, but also pose the threat of the loss of your professional real estate license. By securing a successful outcome in your criminal proceedings, we will help you avoid the forfeiture of your license, even though you may still face certain disciplinary action. A licensed real estate agent with DUI record issues must report any arrest, probation without verdict, nolo contendere, or outstanding criminal charge when renewing a real estate license.
Other Common Offenses Threatening a Real Estate License
Additional types of misconduct that can threaten your real estate license include fraud, practicing without a proper license, misappropriating escrow funds, failure to follow proper record-keeping procedures, failure to supervise, and conflicts of interest. We’re able to defend you at both the criminal court and administrative hearing level with regard to any criminal charges arising from these offenses.
Contact an Experienced Real Estate Defense Lawyer
If you need to mount a defense of your real estate license before the Real Estate Commission or State Board of Certified Real Estate Appraisers, it’s important to place your defense in the hands of an adept real estate license defense attorney. At Fienman Defense, we’re here to guide you through every step of the process, and we will help you achieve the best possible outcome in your case.
Contact us today at (215) 839-9529 to schedule a consultation.