Real Estate Professional Defense

Primary Practice Contact: Amanda B. Mendenhall

When facing an investigation relating to your real estate license, contact one of our real estate defense attorneys.

SCM is at the forefront of defending real estate professionals in a variety of complex matters.  Transferring, leasing and the sale of real property often involves problem solving, contract drafting, and transaction oversight.  Seeking legal counsel and representation from an experienced real estate lawyer, at the outset of a complicated deal or potential conflict, is a wise business decision.

Real estate professionals should be fully aware of the interplay between laws, rules, and the codes of professional conduct that govern their practices. Losing sight of these governing licensee ethics and laws may place appraisal, real estate, mortgage professionals, and others, at risk of losing their license. This alarming and career altering outcome may be avoided by staying in step with governing board requirements and accepted industry standards.

When a real estate professional is notified by a licensing agency that an investigation or disciplinary proceeding is imminent, it sets off emotional alarms. It is extremely important to seek the counsel of an experienced lawyer who can advise you on how best to navigate these delicate situations to avoid losing your license. Our real estate lawyers recognize the seriousness of these situations and all that is at stake.

We will work aggressively on your behalf to analyze the circumstances, translate potential accusations and determine how best to resolve the matter as expeditiously as possible.  We have extensive experience with all aspects of the real estate industry, including scrutinizing Division and real estate board complaints. We can distinguish between the recognized duties and responsibilities of the real estate professional, and the industry guidelines under which standardized practices operate. Areas for which we represent real estate professionals include:

•    Investigations

•    Agency actions (e.g. Division of Real Estate)

•    Professional Standards Hearings at the UAR or local board

•    Lawsuits arising out of alleged unprofessional conduct

•    Criminal charges stemming from your role as a real estate professional

We believe in proactive compliance and education to avoid the devastating effects of defending an action against you. We also represent and counsel clients in:

•    Compliance with the law, rules, and ethical obligations

•    Drafting of addenda or complicated language in pending transactions

•    Compliance review (e.g. short sale)

•    Interpretation of contracts – aiding the professional in advising the client accordingly

•    Communicating with representatives

•    Broker questions

One member of SCM’s real estate group holds an active real estate license and has been both a principal and associate broker for over14 years.  Knowing how to interpret the language and its intent in real estate contracts, and other documents, provides added relief to our clients and often helps bolster our position in conflicts. This unique skill set greatly benefits our clients.

We defend real estate professionals before the Utah Real Estate Commission, the Utah Real Estate Appraiser’s Board, Professional Standards Hearings at the Utah Association of Realtors and local boards, and in civil and criminal cases in both state and federal court.

When you need a real estate professional defense firm in Utah

Our real estate professional defense attorneys are ready to help.  For more information about the services we provide in this area, contact Amanda B. Mendenhall.

Practice Contacts

Amanda B. Mendenhall

Keith A. Call

P. Matthew Cox

Robert T. Denny

Richard Van Wagoner