STATE OF CALIFORNIA
DEPARTMENT OF REAL ESTATE
COMPLAINT FORM INFORMATION
RE 519A (Rev. 3/19)
T
hank you for contacting the Department of Real Estate.
We hope that we can be of assistance to you with your real
estate problem. Please review the following information carefully
as it will assist you in ling your complaint.
The Department of Real Estate investigates complaints against
real estate brokers and salespersons who are accused of misleading or
defrauding consumers. If we can prove a violation of the real estate
license laws within our jurisdiction, a formal hearing may be held
which could result in discipline of the agent’s license.
We also investigate complaints against subdividers who are
accused of violating subdivision laws and, if we can prove a violation,
further sales may be stopped by the issuance of a Desist and Refrain
Order until the violations are corrected.
All complaints must be in writing. Upon receipt, your complaint
will be reviewed and you may be requested to provide additional
information. If your complaint is assigned for investigation, you will
be notied of the name of the investigator as well as the outcome
of our inquiry.
Please understand that we cannot act as a court of law, thus we
are not able to order that monies be refunded, contracts be cancelled,
damages be awarded, etc. If you have this type of concern, you
should consult with an attorney since we are not authorized to give
legal advice or act as your counsel. Most county bar associations
in the state have lawyer referral services which are able to arrange
a consultation for a modest fee.
In preparing your complaint, please summarize your concerns
in a chronological manner using these guidelines:
• Tell us what happened. Start from the beginning and describe
the events as they occurred. Be specic as to what was said
and who said it.
• Tell us who was present during these conversations or acts.
• Tell us when and where these conversations/acts took place.
Documentary evidence is especially important! Therefore you
should include legible photocopies of all documents relating to
your transaction such as listings, offers, deposit receipts, notes and
trust deeds, correspondence, copies of the front and back of checks
conicting testimony and the complainants version is either not
supported by additional evidence or is contradicted by a written
document, the Department's burden of proof will not have been met
and the Commissioner would not be in a position to proceed with
disciplinary action against the licensee.
In addition, the period of time during which the Commissioner
can exercise the Department’s disciplinary functions is governed by
a statute of limitations. Generally, formal disciplinary action must
be led by the Department of Real Estate not later than three years
from the occurrence of the alleged grounds for license discipline.
However, when the acts or omissions with which the licensee is
charged involve fraud, misrepresentation or a false promise, formal
charges can also be led within one year after the date of discovery
by the aggrieved party. In no case shall formal pleadings be led
later than ten years from the occurrence of the alleged grounds for
disciplinary action.
Disciplinary hearings are presided over by an Administrative
Law Judge who is employed by a state agency independent of the
Department of Real Estate. The hearings are conducted in a manner
similar to court trials without a jury. At the hearing, the Department
has the burden of proving the charges contained in the pleadings
and usually does so by calling witnesses and presenting documents
in evidence. After the hearing is concluded, the Administrative Law
Judge prepares a proposed decision which is sent to the Real Estate
Commissioner for his/her consideration and nal decision.
We at the Department of Real Estate trust that this information
has been of assistance and ask that you retain this material for your
future reference. If you have Internet access, much more information
about the Department and its functions is available on our Web
page at www.dre.ca.gov. This includes access to the public license
information records of brokers and salespersons, and the actual text
of the license and subdivisions laws we administer.
Thank you.
SUBMITTING THE COMPLAINT FORM
Mail or hand deliver your completed complaint form and
attachments to DRE, Attention: Complaints.
involved, escrow documents, advertising, etc., and attach them to
Fresno 2550 Mariposa Mall, Room 3070
the written complaint. If you are unable to submit photocopies, you
Fresno, CA 93721-2273
may submit the originals which will be copied and returned to you.
Los Angeles 320 West 4th Street, Suite 350
Although the Department is anxious to assist you, it should be
Los Angeles, CA 90013-1105
noted that the burden of proof established for license disciplinary
Oakland 1515 Clay Street, Suite 702
actions exceeds that required to prove a case in civil court proceedings.
Oakland, CA 94612-1462
Prior to ling its disciplinary actions, the Department must have
Sacramento 1651 Exposition Blvd.
evidence that will clearly and convincingly demonstrate to an
Sacramento, CA 95815
Administrative Law Judge that a violation of the Real Estate Law
has occurred. This means, for example, that where the parties offer
San Diego 1350 Front Street, Suite 1063
San Diego, CA 92101-3608
The Department of Real Estate does not discriminate on the basis of race, color, creed, national origin, ancestry, sex,
marital status, domestic partnership, religion, age, sexual orientation or disability in employment or the provision of services.