DBPR Real Estate License Defense: What Florida Realtors Should Know
March 1, 2018 | By Jeff Howell
It is important to seek legal advice early in the process if you are a real estate salesperson, agent, or broker who is in the initial phases of a Department of Business and Professional Regulation (DBPR) Florida Real Estate Commission (FREC) investigation or has received a letter from a DBPR investigator concerning a complaint made against your license. Receiving the help of an experienced attorney early is essential to DBPR real estate license defense.
Let Us Help You:
- Know what your options are.
- Review your letter from the DBPR Investigator.
- Provide advice on how to successfully navigate the system.
- Provide advice on settlement versus challenging the allegations in a hearing.
- Argue mitigating circumstances which might lessen the penalties.
- Representation before FREC.
Establishing a strategy early in the process for the defense of your real estate license is the best approach under these circumstances. Howell, Buchan & Strong, Attorneys at Law is headquartered in Tallahassee, Florida’s Capital City, which is also where the Department of Business and Professional Regulation is based. We have decades of experience dealing with state government agencies and the problems that arise. This is not an area of law that you should go it alone.
The Process
Usually, DBPR will send out a letter informing the licensee of the complaint filed against her real estate license. In 99 % of the case, our law firm recommends that our clients not respond to the DBPR real estate license investigative letter or speak with an investigator. Why? Because in most cases any statement can be used against you in a forthcoming Administrative Complaint. DBPR Real Estate Investigators are trained to find violations of the Medical Practice Act or Nurse Practice Act.
Eventually, when the investigation has wrapped up the case, the file is sent from the regional office to DBPR headquarters in Tallahassee. If an Administrative Complaint is filed it is sent to the licensee via certified mail. The licensee then has 21- days from receipt of the certified Administrative Complaint to file what is known as an “Election of Rights” or EOR. We strongly recommend that you use the services of an experienced real estate license attorney when completing and submitting the EOR. Failure to timely submit the EOR and with the correct information and election can result in the loss of your rights to challenge the allegations.
Our Law Firm
Our law firm is available for a free no obligation consultation for DBPR real estate license defense concerns. Howell, Buchan & Strong, Attorneys at Law represent licensed professionals with advice and representation. Established in 1965 our law firm has experience dealing with state government agencies.
Have questions about the process? We’re here to answer them. Reach us at 850-877-7776.