Have you been denied a real estate license or received a letter from FREC or DBPR asking you to explain yourself to the Board to determine your eligibility for a license? Are you feeling anxious about the future of the real estate career that you’ve worked so hard to build? Don’t worry, the experienced real estate licensing defense attorneys at the Umansky Law Firm can help with the license denial. We believe that one mistake should not alter the rest of your future, and everyone deserves a second chance.
If you’ve been denied, you still have the right to appeal the denial and to have a formal Administrative Hearing. Many times, the Board will allow you to explain why you deserve your license before issuing a denial. The licensing defense attorneys at the Umansky Law Firm will advocate for you during this challenging time to fight the rejection of your real estate license so you can continue to grow and prosper in your real estate career.
In Florida, real estate licenses are reviewed and granted by the Department of Business and Professional Regulations (DBPR). This agency handles licensing and regulations of approximately 405,000 professionals in more than 25 professions throughout Florida.
Under the DBPR umbrella is the Division of Real Estate. Together with the Florida Real Estate Commission (FREC), these agencies regulate more than 250,000 real estate agents across the State of Florida with FREC, specifically, enforcing and administering real estate licensing laws.
A denial of your real estate license can have lasting adverse effects on your career and personal life. To avoid a denial of your real estate license recommendation, you must operate with honesty and integrity. That means you must disclose all criminal convictions and pending crimes.
FREC may deny your professional real estate license for any of the following reasons:
The key is to be forthright and honest on your application, revealing any misdemeanor or felony convictions. Remember that a conviction doesn’t warrant an automatic denial. If you can exhibit that you’ve paid your debt to society and are honest about any criminal charges or convictions on your record, you may still get the opportunity to continue in a prosperous real estate career.
Florida Statute Chapter 475 sets forth the violations of law that respective professional boards and agencies, like the DBPR, may prosecute.
Violations under Florida Statute 475 include:
If you’re denied your real estate license, you’ll receive an official Notice of Intent to Deny from the Florida Real Estate Commission (FREC). You have 21 days from the date of receipt to appeal the denial and request a hearing. If you do not appeal the decision within 21 days, you waive your right to a Hearing, and your application is denied.
You can submit a written request for either:
During the hearing, both sides are given the opportunity to make opening statements, present evidence, and call witnesses. According to the DBPR, you must submit at least three letters of reference from individuals who can attest to your:
At least two of those letters must be from individuals you’re not related to. The administrative judge or Commission will then consider the evidence and prepare a comprehensive written decision. If the administrative judge or Commission upholds the decision to deny your real estate license, your license remains rejected.
A denial of your real estate license does not have to be the end of your real estate career. The Umansky Law Firm has extensive experience with the appeals process. We know how to successfully present cases on your behalf and exemplify your upstanding character so you can practice the profession that you’ve prepared for.
Under Florida Statute 475.17, the Florida Real Estate Commission (FREC) will consider your good reputation, conduct, and other information that demonstrates your character in a Hearing before making the final decision.
An administrative attorney can help you:
Hiring a real estate licensing defense attorney who handles these re-hearings and appeals may be critical to you getting your license.
If you’ve been denied a Florida real estate license, it’s vital that you contact an experienced real estate licensing lawyer immediately to submit a written request for appeal and help you prepare your case. At The Umansky Law Firm, our accomplished trial lawyers have more than 100 years of combined experience to develop a strong defense for you that may lead to your license approval.
Attorneys with The Umansky Law Firm include former defense lawyers and prosecutors and those who have worked directly for the Department of Business and Professional Regulation (DBPR). To speak with an administrative lawyer today about your case, complete an online contact form or call.
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