2021 Real Estate Law

View disciplinary actions taken against licensees and individuals for violations of the Real Estate Law. Self-schedule / reschedule an examination date, print a license certificate, renew a license, change of address. Apply for PRLS License, Description …

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URL: https://dre.ca.gov/Publications/RealEstateLaw.html


(3 days ago) common law, including duties and obligations to the salesperson’s or broker associate’s responsible broker. (5) A responsible broker’s duty of supervision and oversight for the acts of retained salespersons or broker associates that arise under this division or other existing applicable California law, including common law.

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2021 Real Estate Law Part 2

(8 days ago) Law. (g) “License.” Any license issued under authority of the Real Estate Law. (h) “Permit.” Any authorization or entitlement issued by the commissioner to engage in a transaction or course of conduct for which a permit is required under the Real Estate Law or Subdivided Lands Law. (i) “Public Report.”

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California Anti-Discrimination Housing Laws

(Just Now) violation of a federal or state fair housing law. In addition, panic selling is specifically highlighted as a prohibited practice (Business and Professions Code section 10177(l) and Commissioner’s Regulation 2781). Panic selling involves soliciting the sale or lease of a residential property because of the loss of value, increase in crime,

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Real Estate Laws and Regulations

(9 days ago) Law and/or Regulations. CALIFORNIA BUSINESS AND PROFESSIONS CODE: 480(a)(3) Performance of act which would have been grounds for disciplinary action 490 Substantially related criminal conviction 10130 Acting without license 10137 Unlawful employment or payment of …

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Real Estate Advertising Guidelines

(1 days ago) Real Estate Law or other local, state, and federal laws are addressed in this publication. However, we try to identify the most frequently asked questions and the most often misunderstood requirements. This is a quick reference guide to current statutory and regulatory requirements. Nothing in this guide should be interpreted as legal advice.

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5. Title to Real Property

(Just Now) However, existing law includes examples where recording is required as a predicate to accomplish a defined public policy objective. One such example is Civil Code Section 2932.5 that provides, “Where a power to sell real property is given to a mortgagee, or other encumbrancer, in an instrument intended to secure the payment

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Tenancy in Common (TIC) Guidelines

(1 days ago) from the “subdivider” as that term is defined in the Act or related case law andthe seller is not a "colleague” (defined as a person having any familial, personal or business relationship) of the “subdivider”. (3) The exemption provisions of Sec 11000.1(b)(2) of the Business & Professions

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1. The California Department of Real Estate

(6 days ago) The law requires the Commissioner to ascertain by written examination that the license applicant is qualified to act in the capacity of a broker or salesperson. Under no circumstances can the examination requirement be waived. An applicant for a real estate license examination must meet the prerequisite requirements and be

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2. The Real Estate License Examinations

(Just Now) The law requires that the Department of Real Estate (DRE) ascertain, by written examination, the competency of a prospective real estate licensee. DRE cannot waive this examination requirement. This chapter discusses the examination process in general, details the scope of the examinations and includes practice questions.

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20. Basic Contract Provisions and Disclosures in a

(Just Now) and could be construed as the unauthorized practice of law. Specific contract provisions relating to the buyer and sellers unique situation should be outlined using the appropriate spaces provided in the standard forms or by using additional forms such as counter offers or addendums.

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12. Real Estate Finance

(Just Now) Finance Lender Law), pension funds in excess of $15,000,000 in assets, mortgage trusts, investment trusts, and hedge funds. The expansion of these non-depository institutions or non-banks and their growing share of the residential mortgage market resulted in the development of a secondary market through securitization of

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(6 days ago) required by state and federal law and regulations, as cited in the text. The first part of this booklet deals with disclosures required in residential property transactions, including disclosures specific to real estate financing. The second part covers general disclosure requirements for the transfer of a

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List of Statutes Changed in 2021 Real Estate Law Book

(Just Now) Statute and Regulation Changes in 2021 Real Estate Law Book . All changes effective January 1, 2021 unless otherwise noted. Part One – Real Estate Law, Subdivided Lands Law, Vacation Ownership and Time -Share Act of 2004, Business and Professions Code . Section Change

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State of California Office of Administrative Law

(5 days ago) STATE OF CALIFORNIA-OFFICE OF ADMINISTRATIVE LAW REGULAR For use by Secretary of State only STD. 400 (REV. 10/20190 OAL FILE NOTICE FILE NUMBER REGULATORY ACTION NUMBER EMERGENCY NUMBER NUMBERS Z-2020-0618-01 2021- 021 1- 02.5 ENDORSED - FILED For use by Office of Administrative Law (OAL) only

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(2 days ago) Law, but permanent regulations have not yet been filed with the Secretary of State, the interim regulations are extended until the date permanent regulations are filed with the Secretary of State or March 31, 1999, whichever is earlier. (3) Permanent regulations are subject to all

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Guidelines for Unlicensed Assistants who Work in the Real

(Just Now) required by law and good business practices. Identifying licensed activities has become difficult for many brokers as brokerage practices have changed and evolved in response to new laws, the need for new efficiencies in response to consumer demands, and new technology. The …

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(7 days ago) The law does not specify the funding goal to be achieved by an association, nor does it dictate the exact form of the reserve study. While a study alone, containing the elements prescribed by Civil Code Section 1365.5, is sufficient to constitute legal compliance, an association will be stronger financially if

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Information Relating to Real Estate Practice, Licensing

(Just Now) Real Estate Law. The law book contains the Real Estate Law, Regulations of the Real Estate Commissioner, portions of the Administrative Procedure Act and pertinent excerpts from other California Codes. It is recommended that real estate brokers and salespersons have a current copy of each volume. Although the information in the . Reference Book

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S C D R E DISCOVERY PROVISIONS (Administrative Procedure …

(9 days ago) from disclosure by law or otherwise made confidential . or protected as the attorney's work product. (g) In any proceeding under subdivision (i) or (j) of Section 12940, or Section 19572 or 19702, alleging conduct which constitutes sexual harassment, sexual assault, or sexual battery, evidence of specific instances of a

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17. Subdivisions and Other Public Controls

(Just Now) Subdivided Lands Law . The Real Estate Commissioner (hereinafter, the Commissioner), administers the Subdivided Lands Law to protect purchasers from fraud, misrepresentation, or deceit in the initial sale of subdivided property. With a few important exceptions, no subdivision can be offered for sale in California until the Commissioner

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Professional Responsibility: An Overview

(1 days ago) Law, which starts at section 10000 of the California Business and Professions Code, and Regulations of the Commissioner, together with the Subdivided Lands Act (which is also regulated and enforced by CalBRE), and pertinent excerpts from other California codes. 2. The Reference Book. This is a practical guide with information

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Welcome to the California Department of Real Estate (DRE

(Just Now) You are familiar with and have read the provisions of California Civil Code Section 1542 as set forth in this paragraph and expressly waive to the fullest extent of the law any and all rights you may otherwise have under the terms of that Code Section, which reads as follows: "A general release does not extend to claims which the creditor does

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9. Landlord and Tenant

(6 days ago) 9 Landlord and Tenant. The distinguishing feature of a leasehold interest is the right to exclusive possession and use of real property, for a fixed period of time, held by the lessee (or “tenant”).

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Residential Subdivision Buyer's Guide

(Just Now) State law (the Davis-Stirling Common Interest Development Act) requires all CIDs to have a . homeowners association (HOA), which is a nonprofit corporation or unincorporated association created for the purpose of managing a CID. Most HOAs are organized as nonprofit corporations

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Living in a California Common Interest Development

(1 days ago) The law currently requires, with some exceptions, that either the owner or the association must offer to engage in some form of alternative dispute resolution process before filing a lawsuit. You may wish to consult with an attorney who specializes in this type

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(2 days ago) (a) (1) Notwithstanding any other law, any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate shall, at the time of issuance of the license, require that the applicant provide its federal employer identification number, if the applicant is a partnership, or the applicant’s social security number

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CONSUMER ALERT: What Should You Do If You Learn that a

(Just Now) the general recording requirements set forth by law, and photographically reproducible. The deed must usually contain original signatures unless it is a certified copy issued by the lawful custodian of record. Each county recorder has fairly similar recording requirements, but the

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(3 days ago) A non-judicial foreclosure arises from a procedural law, the terms of which the homeowner and lender have contractually agreed to follow and is not a state action. The term “foreclosure” as used in this booklet means either a judicial or non-judicial foreclosure, depending on

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California Department of Real Estate

(8 days ago) The Real Estate Law is very specific as to how trust fund monies are to be handled and how records are to be maintained. Real estate brokers who handle trust fund monies have a responsibility to become knowledgeable in this area. A good place to start is by reviewing the

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(8 days ago) the law. “Cash for Keys” Programs . When a lender takes a home back as a result of a foreclosure action, it becomes responsible for that property. The longer the lender has to wait to sell the property and the more money it has to spend to repair damage to and/or to …

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The Real Estate Brokerage as Fiduciary: What Does it Mean

(5 days ago) common law is the same general obligation to disclose under statutory/regulatory law. There are more examples of such statutory and regulatory codification, but a further discussion of the same is beyond the scope of this article. Violations of the statutes and regulations enforced by the Department of Real

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Avoiding Predatory Lending

(1 days ago) • The law requires mortgage brokers and lenders to notify you of your right to review your credit score and the key factors affecting your credit score. Obtain a copy of your credit report to verify that it accurately reflects your credit history. • In most mortgage loan transactions, you are entitled by state and federal law to a "Good Faith

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Reverse mortgages

(1 days ago) under existing law for “needs-based” public assistance benefits such as Supplemental Security Income (SSI) and Medicaid/MediCal. • They may reduce or eliminate the equity in your home, affecting the estate to be distributed to your heirs. • When the product is other than an FHA-insured mortgage, you should confirm the reverse

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State of California Office of Administrative Law

(1 days ago) LAW REGULATIONS A. PUBLICATION OF NOTICE (Complete for publication in Notice Register) For use by Secretary of State only . ENDORSED .. FILED . in the office of the &ec-retmy of State of the State of . C~lif""1ia . MAR . 07 . 2019 . f~q . PM . AGENCY FILE NUMBER (If . any) 1. SUBJECT OF NOTICE TITLE(S) FIRST SECTION AFFECTED

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11. Impact of the Penal Code and Other Statutes

(6 days ago) Superior Court stated that the practice of law is the doing and performing of services in a court of justice in any . CHAPTER ELEVEN 196 matter pending therein throughout its various stages and in conformity with the adopted rules of procedure. The

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(9 days ago) the Time-share Act, the law of the situs state shall control. • Time-share plans are exempt from certain portions of the Common Interest Development Act, commencing with Section 1350 of the Civil Code as specified in Code Sections 11211.7(a) and (b) of the Time-share Act of 2004

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Excerpts from the California Codes

(6 days ago) (a) (1) Notwithstanding any other law, any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate shall, at the time of issuance of the license, require that the applicant provide its federal employer identification number, if the applicant is a partnership, or the applicant’s

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Short Sales -- An Overview and Warning to Real Estate

(2 days ago) California law. If a real estate licensee wants to take a short sale listing and not conduct the short sale negotiations with the homeowner's lender, then the licensee must seek to ensure that an unlicensed third party is not performing the negotiations on behalf of the seller. 2

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7. Principal Instruments of Transfer

(Just Now) A recording system was unknown to the early common law. Ownership was a matter of common knowledge and transfer was not often made except by descent from father to son on the father’s death. The method of making land transfers in California under Spanish and Mexican rule was somewhat similar to that of the common law.

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Answers to Frequently Asked Questions (FAQs) about

(8 days ago) before an Administrative Law Judge (ALJ). With regard to a hearing based on criminal convictions, the ALJ will assess the nature, circumstances, and gravity of the crime or crimes for which the applicant or licensee was convicted, the time that has passed since the conviction and/or the completion of …

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About the Department

(9 days ago) The California Legislature enacted the nation's first real estate license law in 1917. Providing for the licensing and regulation of real estate licensees, this law continues to serve as a model for similar legislation in many other states. The California Department of Real Estate (DRE) continues to enjoy a nationwide reputation as a leader in

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(Just Now) California law. If you are interested in the details of the law change, a copy of Senate Bill 94 (Calderon) may be obtained at . www.leginfo.ca.gov. and clicking on “Bill Information”. Please report all violations. of the new law to the California Attorney General, the and to California Department of Real Estate.

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State of California Office of Administrative Law

(3 days ago) Administrative Law . TITLE 10. INVESTMENT . CHAPTER 6. REAL ESTATE COMMISSIONER § 2773. Disclosure of License Identification Number on Solicitation Materials -First Point of Contact with Consumers. (a) A real estate broker or salesperson, when engaging in acts for which a license is required,

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