When the license of a broker is suspended or revoked, the sponsored salespersons

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18VAC135-20-340. Effect of disciplinary action on subordinate licensees.

Action by the board resulting in the revocation, suspension, or denial of renewal of the license of any principal broker or sole proprietor shall automatically result in an order that the licenses of any and all individuals active with the affected firm be returned to the board until such time as they are reissued upon the written request of a sole proprietor or principal broker pursuant to 18VAC135-20-170 B.

Statutory Authority

§§ 54.1-201 and 54.1-2105 of the Code of Virginia.

Historical Notes

Derived from VR585-01-1 § 6.15, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 19, Issue 12, eff. April 1, 2003.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.

§1448. Revocation or suspension of licenses

A. Any licensee whose license is suspended or revoked in accordance with this Chapter shall be deemed an unlicensed person during the period of suspension or revocation and shall be subject to the penalties prescribed for unlicensed persons, if he engages in activity requiring licensure during the period of suspension or revocation. The commission retains jurisdiction over all unlicensed persons relative to violations of and enforcement of the provisions of this Chapter.

B. The revocation or suspension of a broker's license shall automatically suspend the license of every associate broker or salesperson who is sponsored by the broker whose license was suspended or revoked. The sponsoring broker shall, within seventy-two hours of notification by the commission of the final action on the revocation or suspension of his license, return to the commission all licenses of the licensees sponsored by him.

C. A sponsoring broker shall, within seventy-two hours of notification by the commission, return his license or the license of any associate broker or salesperson sponsored by him when such license has been suspended or revoked by the commission.

Acts 1978, No. 514, §1. Amended by Acts 1981, No. 309, §1; Acts 1995, No. 1207, §1; Acts 2003, No. 713, §1.

If you want a career as a real estate agent, it all starts with getting your license.

Remember that getting a real estate license is a privilege. As with any license, it comes with rules and regulations that you must adhere to.  

If you break rules there will be consequences. Some of those consequences can result in more than a fine. You can be subject to having your license suspended and, in some cases, revoked.

It is crucial to your career to understand what actions may put your license at risk. First, let’s define these terms in more detail. We will then discuss potential resolutions to reverse a suspended or revoked license.

What Does a Suspended Real Estate License Mean?

A suspended real estate license means that the licensee is prohibited from conducting real estate.  

A real estate agent will still hold their license, but they are not allowed to do business. Like a driver's license suspension, the person still has their license but can't drive.

Some circumstances will lead to a license getting suspended.

A Real Estate License Can Be Suspended If…

A real estate license is suspended based on the condition. This is also known as a “conditional suspension” and can be reversed when those conditions are met.

This occurs when the licensed party must complete requirements to maintain their license, such as education. For example, after the 4-year mark, you are required to complete your continuing education.

If you don’t prove that you fulfilled the condition to the DRE before the expiration date then your license status is under “conditional suspension” until completed. Once these terms have been met, the suspension is lifted.

What Does a Revoked Real Estate License Mean?

A revoked real estate license means that you are no longer authorized to conduct real estate or real estate-related activities.

This happens if the licensee is in multiple violations of the Business and Professions Code. Each case is different and is investigated by the Department of Real Estate to determine whether or not the actions warrant revocation of a license.

A Real Estate License Can Be Revoked?

Yes, a real estate license can be revoked for a multitude of reasons. The answer to which actions lead to revocation is complicated and depends on many factors.  

Instances are not limited to one particular area. But, licensees who violate one or more regulations concerning finances are more at risk of losing their real estate license.

The Business and Professions Code Section 10176(g) allows the Real Estate Commissioner to temporarily suspend or permanently revoke a real estate license if the licensee is found guilty of claiming or taking any secret or undisclosed amount of compensation, commission, or profit.

One of the most common reasons for revocation while licensed is the “non-disclosure of an action” that violates the Business and Professional Code.

For example, if you get a DUI. A first offense DUI is considered a misdemeanor. This is not grounds for having a license revoked, it can be if you fail to report it to the DRE. Here is the section outlined in the code:

ARTICLE 3. Disciplinary Action [10175 - 10186.9] ( Article 3 added by Stats. 1943, Ch. 127. )

10186.2. (a) (1) A licensee shall report any of the following to the department:

(A) The bringing of a criminal complaint, information, or indictment charging a felony against the licensee.

(B) The conviction of the licensee, including any verdict of guilty, or plea of guilty or no contest, of any felony or misdemeanor.

(C) Any disciplinary action taken by another licensing entity or authority of this state or of another state or an agency of the federal government.

(2) The report required by this subdivision shall be made in writing within 30 days of the date of the bringing of the indictment or the charging of a felony, the conviction, or the disciplinary action.

(b) Failure to make a report required by this section shall constitute a cause for discipline.

There are more than 50 disciplinary actions listed by the Department of Real Estate.

How to Reinstate Your Real Estate License in California

First, let’s talk about how to reinstate a suspended license.

Here is how you can reinstate your California suspended real estate license. When a license is suspended, it’s due to a condition that needs to be satisfied. When you satisfy those conditions, the DRE will reinstate your license.

Reinstating a revoked license is different. In all cases of revocation, you are required to wait one full year before requesting reinstatement. Here are the general steps in the process:

  • Fill out the Petition Application Form and Checklist
  • Pay the petition application fee of $800
  • Provide documentation that you satisfy the criteria for rehabilitation
  • Undergo a Deputy Real Estate Commissioner investigation

Deputy Real Estate Commissioner Investigation

During this investigation, the DRE may review your criminal, court, and employment records. The Commissioner will also examine your behavior and conduct an interview with you since your disciplinary action.

From this investigation, the Commissioner will evaluate if you have made the necessary changes in your behavior to prevent future offenses. They will then submit a recommendation to the DRE, who will then decide whether your petition is granted or denied.

If the DRE grants your petition for reinstatement, they will send you some final terms and conditions to satisfy.

The request for reinstatement can get complicated. It would be in your best interest to hire legal assistance to help navigate you through the process. This will also ensure that all the documentation gets properly submitted.  

Final Thoughts on a Suspended or Revoked Real Estate License

Whether you have your license suspended or revoked, don’t despair. Nobody is perfect. Remember, there are procedures in place to help you get your license reinstated.

But, be proactive and don’t put your real estate license at risk. Be an informed agent. When you follow all the rules and regulations, you can avoid suspension or revocation of your license.

What happens to a sales agent's license in Texas when their sponsoring broker's license is revoked?

What happens to all sponsoring sales agents if the sponsoring broker's license is suspended or revoked? All the sponsored salespersons would become inactive and could not perform any real estate transactions until they have moved their license to a new sponsoring broker.

Can a revoked real estate license be reinstated in Florida?

In short, yes, it's common for a real estate license to be reinstated after revocation if you clear up whatever caused the license to be revoked and pay any related fees.

What is the civil penalty in Illinois for the unlicensed practice of real estate?

Any unlicensed person who practices, offers, or attempts to practice real estate activities for which a license is required is subject to a civil penalty up to $25,000 per occurrence (in addition to any other penalties provided by law). The penalty is assessed by and payable to IDFPR after a disciplinary hearing.

Why does my NY real estate license say Cancelled?

Under the Bright MLS Rules & Regulations, “Expired” or “Cancelled” status means that there is no longer an active brokerage agreement/listing contract with the seller.