Chula Vista real estate brokers and agents are expected to abide by the state’s real estate laws and steer clear of potential violations that could result in legal action taken against them. However, things don’t always go as planned. One of the most common reasons behind a complaint from a buyer or seller is a disclosure violation. You may be asking: Can you lose your real estate license in Chula Vista for disclosure violations? Our firm can help you determine that.
Hiring an experienced Chula Vista real estate license defense lawyer may be the most important decision you make if you are facing a disclosure violation. Having a real estate license defense strategy can make a considerable difference, especially one that’s devised by a Chula Vista real estate defense attorney. It’s always recommended that you have a good lawyer in your corner who understands the state’s real estate license defense laws and can apply that knowledge to your case.
In the 2024/25 fiscal year, the California Department of Real Estate (DRE) conducted 347 audits.
Can You Lose Your Real Estate License in Chula Vista for Disclosure Violations?
Yes, you can lose your real estate license in Chula Vista for a number of enforcement violations, including disclosure violations. California real estate laws require all licensed agents to disclose any and all known material facts regarding a property to buyers and other realtors. When they fail to do so or actively misrepresent a situation, it can lead to a loss of their real estate license.
The California Department of Real Estate (DRE) makes it easy for consumers to file a complaint. In fact, in the 2023/24 fiscal year, the DRE received 5,342 complaints. Of these, 1,131 were referred to the legal division, 139 licenses were suspended, and 268 were revoked.
If you’ve been served with an action against your professional real estate license, you may likely already have an administrative hearing scheduled. These hearings are handled through the Office of Administrative Hearings (OAH) in San Diego, located on West Broadway. If you have received notice of a hearing like this, hire a real estate license defense lawyer prior to this hearing.
What Is a Disclosure Violation?
A disclosure violation can take many forms, some of which may not even be immediately recognizable as a violation. Some examples of disclosure violations are listed below:
- Failure to disclose physical defects. Real estate agents are required to disclose anything physically wrong with a property they are selling. This includes faulty wiring, a leaky roof, plumbing issues, and/or any known structural damage. You are not required to know everything about a property, but you are required to disclose all of what you do know, find out, or realize.
- Environmental hazards. If you discover that a property has any environmental hazards, you must disclose those hazards to any potential buyers. This includes any toxic materials like mold, asbestos, or radon gas, as well as lead-based paint or any natural hazards on the property, such as contaminated water or soil.
- Material facts. Material facts are unique details that impact a property’s desirability, safety, and value. They can include zoning issues, latent defects, and certain stigmatized facts, depending on the jurisdiction.
- Agent-owned interest. You can be guilty of a disclosure violation if you fail to inform potential buyers that you have a personal investment in the property. This includes if you own the property, your immediate family owns the property, or you are part of a corporate entity that holds an interest in the property.
- Misrepresenting a property’s value. This occurs when a real estate agent intentionally provides false or incomplete information regarding the value of a property, its condition, or its features, thus influencing the buyer’s decision with incorrect information. This can result in fraud charges as well as a loss of real estate licensure.
FAQs
What Is the Most Common Grievance Filed Against Realtors in California?
Generally, the most common grievance filed against realtors in California is for failure to disclose property defects/misrepresenting a property. If it’s learned that a realtor didn’t represent a property accurately, a consumer can file an action against the realtor. If they find out their recently purchased property has structural defects, leaks, soil issues, or asbestos, they can seek justice and compensation. Anyone in this situation should contact a real estate defense lawyer.
What Should a Real Estate Agent Not Say in Their License Defense?
During a real estate license defense hearing, a real estate agent should not admit liability. They should never misrepresent the facts of their case or blame their clients for overreacting. Doing any of this can result in waiving protections and worsening the penalties they could face. Avoiding casual admissions and letting their legal counsel manage their narrative are things they should do.
How Can Someone Lose Their Real Estate License in California?
There are many ways that someone can lose their real estate license in California. All of them can result in disciplinary action from the Department of Real Estate. Some of the most common causes of a real estate license loss include misconduct, fraud, disclosure violations, mishandling of client funds, and criminal convictions. If you have a formal accusation brought against you, you should contact a professional license defense lawyer as soon as possible.
How Long Will My Real Estate License Defense Case Take in California?
The length of time a real estate license defense case in California can take varies. Every case involves a different timeline that is based on multiple factors, such as the complexity of the case, how long it takes to file an initial response, and how long it takes to schedule a hearing. Some cases can be resolved within a few months, while others can take over a year.
Hire a Real Estate License Defense Lawyer with Real Experience in Chula Vista
If you have been formally accused of engaging in a disclosure violation, you hire a real estate license defense lawyer whom you know has the resources necessary to work tirelessly on your case. Having good legal representation can give you a stronger chance of leaving this situation with your real estate license intact. At Century Law Group, LLP, we bring over 100 years of combined legal experience and over 5,000 resolved cases to your situation.
Contact us to speak with a team member who can answer your questions effectively and schedule an appointment to discuss your legal needs.
