Legal Question in Real Estate Law in California
If someone's real estate lisence is expired, suspended, or revoked, can he/she apply/receive another lisence in a fictitious name? And would any activity made under that lisence be fraudulant?
3 Answers from Attorneys
I think a more expansive answer might be helpful. Real estate licenses are sometimes granted to corporations, and the corporations sometimes use fictitious business names. So, it is possible that in 2003 you did business with John Doe, an individual, working as a salesperson or broker under his own name. Now, in 2011, you find the same guy hawking houses under the fictitious name Doe Splendid Homes (for example). This is not improper if Doe Splendid Homes is a duly registered fictitious business name of Doe Realty Corporation, holder of a corporate real esate license, of which John is the broker of record. All of the information must be made known to the Department of Real Estate and would be revealed in a license check on the DRE's Web site at www.dre.ca.gov.
But to follow up with what Mr. Whipples sets forth, that company must have a qualified broker licensed with the DRE. If the corporation is using a suspended or revoked licensee as the qualifying broker, then it is indeed illegal.