License Defense for Real Estate Agents and Brokers in Miami

We defend sales associates, broker associates, and brokers through the investigation, the administrative complaint, and, when the facts are disputed, a hearing before an independent administrative law judge.

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. If a transaction dispute turns into a criminal accusation, we handle both cases together. Our office answers 24 hours a day.

Who Regulates Real Estate Licensees in Florida

• Brokers, broker associates, and sales associates are licensed under Part I of Chapter 475 of the Florida Statutes.
• They are regulated by the Florida Real Estate Commission (FREC), which sits within the Department of Business and Professional Regulation (DBPR). The department investigates and prosecutes; the commission decides. Chapter 455 sets the general disciplinary process for DBPR professions.

Common Grounds for Discipline

Summarized in plain terms from s. 475.25(1):

• Fraud and dishonest dealing: fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme, or device, culpable negligence, or breach of trust in any business transaction.
• Escrow and money: failing to account for or deliver money, deposits, or documents that belong to someone else when required; a broker failing to immediately place entrusted funds in a proper escrow account; a broker failing to review the brokerage's trust accounting procedures.
• Escrow disputes handled the wrong way. When there is good-faith doubt or conflicting demands over an escrow deposit, the licensee must promptly notify the commission and use one of the procedures the statute provides: asking the commission for an escrow disbursement order, arbitration with everyone's consent, going to court (for example, interpleader), or mediation with everyone's written consent. Following one of those procedures and the result protects the licensee from an administrative complaint for that escrow.
• Advertising that is fraudulent, false, deceptive, or misleading.
• Paying unlicensed people: sharing a commission with, or paying a referral fee to, someone who is not properly licensed.
• Listing agreements missing a definite expiration date, property description, price and terms, fee or commission, or proper signature, or not giving the client a signed copy within 24 hours.
• Brokerage relationship duties: violating the statutes on brokerage relationships and the duties owed under them.
• Brokers' supervision: failing to direct, control, or manage a broker associate or sales associate employed by the broker.
• Title opinions: saying title is good or merchantable without a current opinion of a licensed attorney, or failing to advise a buyer to consult an attorney or obtain title insurance.
• False reports or records, and getting a license by fraud or concealment.
• Criminal cases: being convicted or found guilty of, or pleading no contest to, regardless of adjudication, a crime that directly relates to real estate activities, or that involves moral turpitude or fraudulent or dishonest dealing.
• Failing to tell the commission in writing within 30 days after pleading guilty or no contest to, or being convicted or found guilty of, any felony. (The general DBPR law, which also applies, requires the same report for any crime, regardless of adjudication.)
• Confinement: being confined in jail after adjudication, in prison, or in a mental institution, or under home confinement in place of jail.
• Discipline in another state, violating Chapter 475 or Chapter 455, or violating a commission order or rule.

How a Complaint Becomes an Administrative Complaint

The DBPR process is set by s. 455.225:

1. The complaint. The department investigates a complaint that is in writing, signed, and legally sufficient. It can also act on an anonymous complaint or a confidential informant in some cases, or open its own investigation. A withdrawn complaint can still go forward.
2. Notice to you. With limited exceptions, the department must promptly furnish you or your attorney a copy of the complaint or document that started the investigation. You may submit a written response within 20 days after service, and the probable cause panel considers it. If the act under investigation is a criminal offense, the department can investigate without notifying you.
3. Minor violations. For a first minor violation, the department may send a notice of noncompliance instead of starting discipline. If the problem is not corrected within 15 days, regular disciplinary proceedings may follow.
4. Probable cause. A probable cause panel decides. It can issue a letter of guidance instead. If it finds probable cause, the department files a formal administrative complaint.
5. Confidentiality and your broker. The complaint stays confidential until 10 days after probable cause is found, unless you waive it. When a formal complaint is filed, the department or commission must notify your broker or employer in writing, but not until 10 days after probable cause is found or you waive confidentiality, whichever comes first.
6. Your file. After the investigation, you can ask in writing to inspect the investigative file and file a written response within 20 days, unless the department extends the time.
7. Time limit. An administrative complaint against a broker, broker associate, or sales associate must be filed within 5 years after the act, or within 5 years after the act is discovered or should have been discovered with due diligence.

Choosing Your Hearing: The Election of Rights Form

The administrative complaint must tell you that you have the right to request a hearing and to have a lawyer. It usually comes with a hearing-request form that lawyers and agencies call an election of rights. That is the name used in practice; the phrase does not appear in the statutes or the uniform rules. Through your request for a hearing, you can generally choose:

• A formal hearing before an administrative law judge of the Division of Administrative Hearings (DOAH) if there are disputed issues of material fact. If a fact dispute comes up during an informal hearing, it must stop and a formal hearing must be held.
• An informal hearing before the commission if you do not dispute the facts.
• A settlement, such as a consent order, which the department must approve.

Watch the deadline. Your papers state the deadline that applies to you. Under Florida's uniform rules for agency hearings, it is 21 days from receiving written notice, unless another law sets a different period. Missing it can waive your right to a hearing.

The judge issues a recommended order, each side has 15 days to file exceptions, and the commission issues the final order. The commission cannot reject the judge's findings of fact unless, after reviewing the entire record, it explains that they were not based on competent substantial evidence or that the proceedings did not comply with the essential requirements of law. A party adversely affected by the final order is entitled to judicial review in a Florida district court of appeal. See Administrative Hearings & License Defense for the full process.

Possible penalties under s. 475.25(1) include denial of a license or renewal, probation, suspension for up to 10 years, revocation, a fine of up to $5,000 for each count, and a reprimand.

Emergency Suspension

If the agency finds an immediate serious danger to the public health, safety, or welfare, it can suspend, restrict, or limit a license by emergency order before a hearing. It must state the specific facts and reasons in writing, and a regular proceeding must also be promptly started. For DBPR licenses, the Secretary of Business and Professional Regulation or a designee conducts the summary proceeding and issues the order. The order can be challenged in court right away.

When There Is Also a Criminal Case

• A plea counts regardless of adjudication, including a no contest plea, for crimes that relate to real estate or involve fraud, dishonesty, or moral turpitude. A certified record of conviction is admissible as prima facie evidence of guilt in the license case.
• You must report it. A plea of guilty or no contest to, or a conviction or finding of guilt for, any crime must be reported in writing within 30 days, regardless of adjudication, whether or not it relates to real estate. The real estate law repeats that duty for any felony.
• Jail after adjudication is itself a ground for discipline.
• The commission reports crimes. The law requires the commission to promptly report criminal violations of real estate statutes to the proper prosecuting authority.
• Unlicensed brokerage is a crime. Operating as a broker or sales associate without a valid, current, active license is a third-degree felony.

See Fraud, Scheme to Defraud, Theft, and Economic Crimes.

What to Do If You Get a DBPR Complaint

1. Do not argue with the complainant or call the investigator.
2. Do not send a response on your own. You have 20 days, and the panel reads it.
3. Gather the transaction file: contracts, listing agreement, escrow records, emails, texts, and disclosures.
4. If there is an escrow dispute, do not release the deposit on your own judgment. Talk to us about the procedures the statute provides.
5. Tell us about any arrest or lawsuit.
6. Call us.

Want to File a Complaint Against a Real Estate Agent or Broker?

If an agent or broker kept your deposit, misled you, or acted dishonestly, you can file a complaint with DBPR. The complaint must be in writing, signed, and legally sufficient, meaning it states facts showing a violation; the department may ask for documents such as the contract, escrow receipts, and messages. The department must periodically tell you the status of the investigation and whether probable cause was found. Complainants and witnesses are protected from civil liability unless they act in bad faith or with malice.

A commission complaint is not a lawsuit and will not, by itself, get your money back. You may also have civil claims. Call us to talk through your options.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• License case and criminal case handled together.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Will my broker find out about the complaint?

If a formal complaint is filed, the law requires the department or commission to notify your broker or employer in writing, but not until 10 days after probable cause is found or you waive confidentiality.

How long can the commission suspend my license?

Up to 10 years. It can also revoke the license, put you on probation, fine you up to $5,000 per count, or reprimand you.

I pleaded no contest to a felony unrelated to real estate. Do I have to report it?

Yes. Licensees must inform the commission in writing within 30 days after pleading guilty or no contest to, or being convicted or found guilty of, any felony. The general DBPR law, which also applies to real estate licensees, requires the same written report within 30 days for any crime, regardless of adjudication, so misdemeanors count too.

There is a fight over an escrow deposit. What should I do?

If you have a good-faith doubt or conflicting demands, the statute requires you to promptly notify the commission and use one of its procedures, such as asking for an escrow disbursement order, arbitration, mediation, or going to court. Call us before you release any money.

Is there a deadline for the department to bring a complaint?

Generally 5 years after the act, or 5 years after it was or should have been discovered with due diligence.