Many investigations by the California Bureau of Real Estate (BRE) are the result of a complaint by an unhappy client or another real estate licensee. Avoiding complaints against your license: If you think a situation may lead to a complaint, try to resolve it in a positive manner before it reaches that level. I often provide guidance to clients in these sorts of situations.
If a complaint is made the BRE will set up an investigation if two criteria are met:
- The individuals involved are under the jurisdiction of the BRE and
- The complaint must relate to a violation of the Real Estate Law or Subdivided Lands Law
Handling the investigation of a complaint:
It is important to be cooperative with the BRE. However, the cooperation should be according to the advice of legal counsel experienced with the BRE process. The investigation period is crucial because it can lead to formal action against a license. If the investigation results in evidence of violations of the applicable law, the BRE Enforcement Section will refer the matter to the BRE Legal Section for prosecution.