bre sample petition to surrender real estate license

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THIS DOCUMENT IS PROTECTED BY FEDERAL COPYRIGHT LAW. ALL RIGHTS ARE
RESERVED. IF YOU WANT TO LICENSE A COPY OF THIS REAL ESTATE LICENSE
SURRENDER PETITION PLEASE CONTACT US AT (877) 276-5084 OR VISIT
ATTORNEYSTEVEMEDIA.COM. ANY UNATHORIZED USE OF THIS DOCUMENT WILL BE
DEEMED A VIOLATION OF FEDERAL COPYRIGHT LAW AND PURSUED ACCORDINGLY.
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BEFORE THE BUREAU OF REAL ESTATE
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STATE OF CALIFORNIA
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In the matter of the Accusation of
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No. H-XXXX
XXXXXXXXXXXXXXXX, an Individual
and as officer on behalf of XXXXX, a
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Respondent,
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DECLARATION
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My name is XXXXXXXXXX, and I am an Individual currently licensed as a real estate
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salesperson (License #XXXXX) and/or Office of a real estate corporation (License# XXXXXX) and/or
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have license rights with respect to said licenses. I am represented in this matter by XXXXX (“The Law
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Offices XXXXXX.”).
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In lieu of proceeding in the AUDIT and/or INVESTIGATION and/or ACCUSATION of this
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matter in accordance with the provisions of the Administrative Procedure Act (Sections 11400 et seq., of
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the Government Code), I wish to voluntarily surrender my real estate license(s) as set forth above, issued
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by the Bureau of Real Estate ("Bureau"), pursuant to Cal. Business and Professions Code Section
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10100.2. This section states:
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DECLARATION IN SUPPORT OF PETITION TO SURRENDER REAL ESTATE LICENSE
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“A licensee against whom an investigation is pending or an accusation has been filed pursuant
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to Section 11503 of the Government Code may petition the commissioner to voluntarily
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surrender his or her license. The surrender of a license shall become effective upon acceptance
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by the commissioner and thereafter, a surrendered licensee may be relicensed only by petitioning
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for reinstatement pursuant to Section 11522 of the Government Code. When deciding a petition
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for reinstatement, the commissioner may consider all relevant evidence, including affidavits.”
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I understand that by so voluntarily surrendering my license(s), I may be re-licensed as a broker or as
a salesperson (or issued a mortgage loan originator endorsement) only by petitioning for reinstatement
pursuant to Section 11522 of the Government Code.
I also understand that by so voluntarily
surrendering my license, I agree to the following:
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The filing of this Declaration shall be deemed as my petition for voluntary surrender.
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It shall also be deemed to be an understanding and agreement by me that (assuming this
Surrender is accepted in writing by the Commissioner) without admitting any guilt or liability in any
manner whatsoever, I hereby freely and voluntarily waive all rights I have, to require the Commissioner
to prove any allegations that may be contained in any existing Accusation filed in this matter at a
hearing held in accordance with the provisions of the Administrative Procedure Act (Government Code
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Sections 11400 et seq.), and that I also waive other rights afforded to me in connection with the hearing
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such as the right to discovery, the right to present evidence in defense of the allegations in the
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Accusation and the right to cross-examine witnesses.
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3.
I further agree that upon acceptance by the Commissioner, as evidenced by an
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appropriate order, all affidavits and all relevant evidence obtained by the Bureau in this matter prior to
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the Commissioner's acceptance, and all allegations contained in the Accusation filed in the Department
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Case No. H-XXXXLA, may be considered by the Bureau to be true and correct for the purpose of
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deciding whether to grant re-licensure or reinstatement pursuant to Government Code Section 11522.
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4.
I freely, knowingly, willingly, and voluntarily surrender all my licenses and license rights
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under the California Real Estate Law with no admission of wrongdoing and I withdraw any Notice of
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Defense which may have been filed in this matter.
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DECLARATION IN SUPPORT OF PETITION TO SURRENDER REAL ESTATE LICENSE
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5.
A copy of the Commissioner's Criteria of Rehabilitation is attached hereto. If and when a
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petition application is made for reinstatement of a surrendered license or endorsement, the Real Estate
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Commissioner will consider as one of the criteria of rehabilitation, whether or not restitution has been
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made to any person who has suffered monetary losses through "substantially related" acts or omissions
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of Respondent(s), whether or not such persons are named in the investigation file in this case.
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I declare under penalty of perjury under the laws of the State of California that the above is true
and correct and that this declaration was executed on _____________________, 20__, at
__________________, California.
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RESPECTFULLY SUBMITTED
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_________________________
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DECLARANT/LICENSEE
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DECLARATION IN SUPPORT OF PETITION TO SURRENDER REAL ESTATE LICENSE