Is your Criminal Conviction related to the practice of Real Estate?
October 13, 2019 | By Rick StrongThis really depends on the facts of your criminal case. When you attempt to renew your license, the Florida Real Estate Commission (FREC) may issue a Notice of Intent to Deny your renewal. Under section 475.25 Florida Statutes, the FREC may deny a licensure application if the applicant has been convicted of a crime in any jurisdiction which “directly relates to the activities of a licensed broker or sales associate”.
In many cases, a licensee may incorrectly conclude that their arrest is not directly related to the activities of a licensed broker or sales associate.
Recent case law does provide that there must be a connection between the injuring of another person (related the conviction) and the practice of real estate sales. A recent DOAH case further concluded “such a nexus is a universal common denominator as far as the activities of human beings are concerned. IF this were a sufficient connection to establish that a crime directly relates to the activities of a sales associate then practically every crime, if not all crimes, would fit the bill.
However, if you have been arrested FREC may issue a Notice of Intent to Deny your license renewal.
Do you have a real estate license and have been arrested recently? Our firm can provide assistance with your recent arrest as well as guide you through the licensing process. Do not go at it alone.
Let Us Help You:
- Know what your options are.
- Help you with your arrest, (if you have not already retained criminal representation)
- Review your Notice of Intent to Deny from DPBR/FREC.
- Provide advice on how to successfully navigate the system.
- Provide advice on approach to meeting with FREC.
- 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 and a secondary office in Orlando, where the Florida Real Estate Commission if headquartered. We have decades of experience dealing with state government agencies and the problems that arise.
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.
Have questions about the process? We’re here to answer them. Reach us at 850-877-7776 or 407-717-1773.
¿Necesita un consejo? No vaya solo, estamos aqui para aydarle. Llame a la asistente legal Helen Blandon para una consulta gratuita hoy en el bufete de abogados de Howell, Buchan & Strong, al 407-717-1773.