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What disqualifies you from being a real estate agent?

By Zippia Team - Nov. 16, 2022

The most common disqualification for being a real estate agent is a criminal conviction. Once you have taken your real estate agent exams, the Department of Real Estate (DRE) requires you to apply to the board to obtain your professional license. As part of that process, you must also undergo an extensive background check.

The DRE is looking for anything that would risk the integrity and safety of the industry and board. For many real estate hopefuls, obtaining their licenses is the most stressful part. They fear mistakes from their past will resurface and block their future in real estate.

Fortunately, past mistakes may not disqualify you from becoming a real estate agent. The DRE is looking for criminal convictions substantially related to a licensed real estate agent's qualifications, functions, or duties. The board will also look at any sexual misconduct on your record.

According to the DRE, these could be any crimes involving sexually related conduct affecting a person who is an observer or non-consenting participant in the conduct or convictions which require registration per Section 290 of the Penal Code. These issues could lead to the denial of an application.

It is important to disclose all job-related crimes upfront. Applicants who do not disclose a criminal history are more likely to be denied. Honesty and integrity are of the highest importance in the real estate industry, and to that end, you cannot start your career off on the right foot by trying to hide the truth.

The DRE will take into account the following:

  • The type of crime committed

  • How long ago the conviction occurred

  • If the crime is related to real estate

  • Conviction/charge level

The DRE will find out the truth, and it could ruin your chances of ever obtaining your real estate license if they determine that you were deceitful. If the DRE denies you and you disagree with their findings, you will have 60 days to appeal their decision. You will be allowed to request a hearing with the board and be able to argue your case.

At this point, it is advised to get the guidance of a professional licensed defense lawyer to help you appeal your case.

What disqualifies you from being a real estate agent?

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