Real Estate Broker Law

California Real Estate Licensing Law Firm – The Gold Standard!

May 31st, 2016 | By
real estate license lawyer

California Real Estate Licensing Resource Center Introduction Our law firm is a LEADER in real estate broker law in California.  We have handled a massive number of legal cases from Sand Diego to Los Angeles up to Fresno and throughout San Francisco and Sacramento areas.  We have been around the block, built many professional relationships and

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Drone Law Basics for Real Estate Brokers

Mar 8th, 2016 | By
Real estate drone attorney

Set yourself apart from the crowd in the real estate business in 2016 – Drone Law Frequently Asked Questions! Introduction If your real estate company is thinking about using Drones in your business this year, (for example a property manager looking to showcase new rentals, or a residential broker or sales agent looking to highlight

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What is a statement of issues?

Feb 11th, 2016 | By

California real estate licensing lawyer – fighting the denial of a real estate license!   Click on the picture above to watch the video.  Make sure to click on the Red “V” to subscribe to our business and real estate youtube channel. Stay in the know! Introduction  When you are trying to get your real

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Do I have to disclose arrest records on my CALBRE real estate salesperson or broker’s application?

Jan 7th, 2016 | By
DBO and BRE licensing tips

How to obtain a real estate license in California with prior criminal convictions. Introduction One question that pops up from time to time in our busy real estate practice is whether or not an “ARREST RECORD” (not an actual conviction) needs to be disclosed on CalBRE real estate license applications.  This is general legal information

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A list of the BRE real estate lawyers we have worked with

Nov 30th, 2015 | By
Experienced CalBRE license lawyers

Overview of CalBRE Attorneys we have dealt with Introduction Some clients want to know which attorneys at the CalBRE that we have worked with, negotiated with, and/or dealt with on various real estate matters.  Here is a list:  John Barron  Angela Cash Mary Clarke Stephanie Sese Michael Rich Truly Sughrue Richard Uno Annette Ferrante Elliot

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When do you need to be licensed as property manager in California?

Nov 20th, 2015 | By
CalBRe property management attorney

California Real Estate Property Management Law Firm Introduction Our regional law firm helps property managers with BRE compliance issues.  This blog discusses the law in regard to when a company that manages residential or commercial real estate in California needs to be properly licensed or risk getting a desist and refrain order from the BRE

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How to respond to an ADRE cease and desist order

Nov 8th, 2015 | By
ADRE lawyers for licensing defense

Arizona Real Estate Law Basics – ADRE defense lawyer discusses the C & D! Introduction In Arizona, (as in California – we represent many real estate broker clients from San Diego to San Francisco) sometimes companies engage in licensed real estate activities when it does not have the license to do so.  For example, a

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Arizona real estate broker unlicensed assistance guide

Nov 8th, 2015 | By
AZRE lawyer Maricopa county property management

AZRE Real Estate Broker Compliance – Unlicensed Assistants Introduction This blog discusses the important topic of unlicensed real estate assistants and what they CAN and CANNOT do in real estate transactions.  This is important to know to make sure you are complying with all rules and regulations of the commissioner.  This is super important in

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Will I get a “cite and fine” or an accusation?

Oct 22nd, 2015 | By
Cite and fine real estate accusations

California Regulations of the Real Estate Commissioner – Cite and Fine! Introduction In California, all brokers and salespersons are required to follow the “regulations of the real estate commissioner.” One of rules addresses the “cite and fine” process.  This blog discusses this disciplinary process in general.  When you are being audited (for example a California

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CalBRE compliance – appointing licenses to manage branch offices under B&P 10164

Oct 21st, 2015 | By
BRE compliance law firm

Real estate compliance tips – managing and growing branch offices!   Introduction When your real estate business is growing fast, you may need to appoint supervisors to manage your branch offices.  In California, this is legal, but you have to make sure you are following the rules.  We have seen this issue pop up in

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Common violations in an Arizona DRE property management audit

Oct 19th, 2015 | By
Arizona property management lawyers

ADRE Audit & Investigation – Property Management Audits on the Rise? Introduction Our firm has handled countless property management audits for our California real estate brokers and salespersons and the regulatory action in the Golden State is pretty high.  However, we have not seen as much from our Arizona clients, until recently, which leads us

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How to subpeona witnesses to OAH administrative hearing

Oct 19th, 2015 | By
Subpeona response lawyer

California Real Estate Administrative Hearings SAMPLE OAH SUBPOENA Introduction Our firm represents real estate brokers, sales agents, mortgage loan originators, CFL licensees, notaries and other real estate professionals in responding to affidavits and subpoena duces tecum which normally arise when a broker or sales agent is under investigation. This blog, however, tackles the issues of

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Types of discovery available in California administrative hearings

Oct 16th, 2015 | By

California DBO and BRE real estate licensing Attorneys Introduction When you are involved in a real estate related administrative hearing, you need to know your rights and have a licensing law firm that can help you fight for your real estate brokers, salesperson, MLO, NMLS, RMLA, or CFL license.  This blog discusses discovery in these

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Are you prepared for a CalBRE “broker office survey”?

Oct 15th, 2015 | By
CalBRe broker office survey

California real estate compliance – the “surprise visit” Introduction The BRE has expansive investigative authority to monitor real estate licensees for compliance in the state of California.  This blog discusses the “Broker office survey” and what you can do to prepare for this. What happens at a Broker Office Survey The California Bureau of Real

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Grand v. Griesinger – the problem of the property management rent-a-broker

Oct 14th, 2015 | By
Administrative hearing attorney

CalBRE licensing law basics  Introduction In handling a large number of real estate licensing cases over the years, one theme that pops up quite frequently is the property management “rent-a-broker.”  In these cases, you have a salesperson or officer of a company fighting a broker after an accusation is filed, and both are pointing fingers

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Can I get a CFL license from DBO with prior criminal convictions?

Oct 3rd, 2015 | By

California DBO Statement of Issues Overview – Call us at (877) 276-5084! Introduction The California Department of Business Oversight oversees CFL licensing (California Finance Lender) and also California Residential Mortgage Lending.  For persons and companies seeking CFL licensing, some hurdles to licensing may be:  Making false statements on the application  Being previously disciplined by the

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BRE questions for Broker Escrow Audits

Sep 14th, 2015 | By
CalBRE broker escrow audits

Tips for handling DRE and BRE real estate audits Introduction This blog discusses some general questions that might come up if you are facing a Department of Real Estate (“DRE”) audit, or California Bureau of Real Estate (“BRE”) broker-escrow audit.  This is not an exclusive list and other questions may be asked.  These questions provide

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Vondran v. Competition – comparing BRE defense lawyers

Sep 10th, 2015 | By
dre defense lawyers

Facing a real estate subpoena, investigation, audit or accusation?  If you are deciding which BRE defense law firm to choose from this blog might help. Introduction This blog is posted as a consumer guide to share information that might help them make a tough decision on which lawyer or law form to hire for a

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How to attack a real estate association award on Due Process grounds

Sep 5th, 2015 | By
Realtor due process explained

How to succeed in making a “Due Process” procedural challenge to a real estate board arbitration or ethics hearing. Introduction Due process rules for real estate disputes involving Realtors are confusing.  I don’t even believe, respectfully, that the local board arbitration and ethics panels understand fully what “due process is.”  In fact, I was not

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Top 5 Tips to help you win your Realtor arbitration hearing in California

Aug 31st, 2015 | By
best Cal real estate ethics lawyers

Before you go into a Realtor arbitration hearing here are some key tips to know! Introduction Going into a real estate arbitration with your local Realtor association may seem like an easy task, but ask anyone who has been though it and you will often find this is simply not the case.  You will argue

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Duty to report criminal convictions under Cal. B&P 10186.2

Aug 20th, 2015 | By
Real Estate License Compliance convictions reporting

California Real Estate License Compliance Lawyers Introduction Under California law, when a real estate licensee (either a salesperson or broker) must report certain crimes to the California Bureau or Real Estate (“CalBRE”) or face license discipline such as revocation or suspension.  This blog discusses the duty to disclose criminal convictions, license discipline actions, and indictments

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Tips to help remove BRE real estate license restrictions

Aug 20th, 2015 | By
CalBRE lawyers san francisco

California BRE FAQ regarding removal of license restrictions Introduction Following an accusation made by the California Bureau of Real Estate (“CalBRE”) the case often gets settled with the broker (or sometimes a salesperson) settling the case with a “restricted license.” A restricted license basically means that the real estate licensee has handed over their “due

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New reasons to fight Realtor Code of Ethics violation allegations!

Aug 11th, 2015 | By
NAR code of ethics attorneys

Realtor Code of ethics violations can result in negative publicity and place your license in a false light! Introduction In case you haven’t heard, there is a new crackdown in ethics in the practice of real estate.  A California real estate license allows you to do many things, such as property management, residential sales and leasing,

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CalBRE Real Estate “Statement of Issues” defined

Jul 11th, 2015 | By
CalBRE Defense Attorneys

CalBRE Defense Law – What is a “Statement of Issues?” Introduction We have talked in other blogs on this website about suspension or denial of real estate licenses due to fraud, deceit, misrepresentation, or material misstatements of fact.  This is a serious issue.  As a real estate licensee, if the CalBRE finds out you lied

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Failure to disclose criminal convictions on real estate license applications

Jul 10th, 2015 | By
California real estate licensing law firm

Professional licensing lawyers – Challenging honest mistakes in failure to disclose prior felony or misdemeanors! Introduction As a real estate licensing defense firm, we handle quite a few different types of licensing issues, from property management trust fund audits, to complaint and investigation response letters, accusations, and denial of real estate licenses.  This blog deals

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CalBRE regulation 2831 – Trust Fund Records to be Maintained

Jul 2nd, 2015 | By
fines and fees for statutory violations

CalBRE Compliance Issues for Property Managers Introduction California property managers need to be cognizant of the rules for trust fund accounting.  While they may seem relatively simple, there are strict requirements for compliance.  In the current regulatory environment, many property managers are being audited randomly.  Still others are being audited following a complaint to the

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Will the bureau of real estate remove criminal and other information from the public database?

Jun 13th, 2015 | By
BRE public records database removal

Reputation and Brand Management for Real Estate Professionals Breaking Real Estate News – 2016 Cal BRE updates.  California Governor signs AB 1807 that will allow you to remove negative information from the public records database.  Watch Attorney Steve explain in this video! VIDEO:  Make sure to SUBSCRIBE to our legal information channel for future legal

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Defenses to raise in a BRE or DBO real estate accusation

Jun 10th, 2015 | By
Tips to defend your real estate license

Administrative Hearings Law in California Introduction When you receive a formal “accusation” served on you by the Cal DBO or CalBRE in regard to your real estate license, your stress level will go through the roof because everything you have worked for is on the line.  Your life, your passion, your career, your income.  When

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Statutes of limitations and laches issues in administrative hearings

May 26th, 2015 | By
Accusation defense attorney

Unreasonable delay in filing of administrative charges or commencement of hearing Introduction Say you committed a crime twenty years ago (ex. theft, DUI, shoplifting, drunk in public, robbery, larceny, forgery, etc.) and 10 years after that you earned a real estate license (disclosing and explaining your prior convictions and showing that they were not substantially

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What happens at a real estate board arbitration commission dispute in California?

May 26th, 2015 | By
Realtor board arbitration attorney

California Real Estate Arbitration Hearings – Attorney Steve’s “Commission College” Introduction You feel you were the “procuring cause” on a deal and entitled to be earn a real estate commission.  The selling agent doesn’t see it that way and you want to file a complaint with your local board of realtors and get your commission.  What happens

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Does abandonment of a client terminate a real estate listing contract?

May 23rd, 2015 | By
Abandonment of exclusive listing agreements

California Broker Law – Terminating agency and breaking exclusive listing agreements through revocation, abandonment, or renunciation. Podcast:  Listen to Attorney Steve discuss abandonment of exclusive listing agreements on our real estate law podcast. Introduction This blog is about the real estate broker that gets a listing and fails to perform any services (prompting the seller to assume

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5 questions to ask before you hire your next BRE defense attorney

May 21st, 2015 | By
real estate license lawyers

Real Estate Compliance, Licensing & Defense Lawyers Introduction Your real estate license is your “ticket to the show” and your means of earning a living for you and your family.  With everything riding on it the stakes could not be higher.  So when you are facing real estate issues that impact your business and your

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Disclosing marijuana convictions on real estate broker applications

May 19th, 2015 | By
Tips to avoid denial of real estate license

 Tips to Avoid Denial of your California Real Estate Sales or Broker’s License Note the EXCEPTION TO “CONVICTED DO NOT DISCLOSE” section above. Introduction When you pass your broker’s examination you as excited as can be.  Then, the mail comes from the California Bureau of Real Estate (“CalBRE”) and you get even more excited, it

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10-year bar to real estate accusations and license discipline in California

May 14th, 2015 | By
Real estate license fraud

California Real Estate Broker License Lawyer – Disclosing past criminal convictions and the 10 year bar to file accusations. Introduction You have a sales license but want to be a broker.  Yet you realize about 20 years ago when you were applying for your real estate salesperson license that you MIGHT NOT have checked the

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How to respond to a subpoena in a BRE real estate investigation

May 5th, 2015 | By
Subpoena response tips

California real estate broker survival skills – responding to an investigative subpoena! Bonus materials:  Click on the picture above to watch our Subpoena response video.  Make sure to Click on the RED “V” to subscribe to our business and real estate youtube channel so you get new videos when we post them. Introduction You are

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Hidden real estate compliance issues – license # on website

Apr 22nd, 2015 | By
Social media lawyers

How to avoid losing your California real estate license Introduction Everyone knows there are a ton of rules “on the books” and that legal compliance with your real estate company is not always easy especially with new laws, rules, and regulations being passed all the time (most that you do not become aware of because

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What does “within this state” mean for California loan officers under B & P 10130?

Apr 8th, 2015 | By
Unlicensed mortgage activity

Unlicensed mortgage loan activity (in state loan officers originating out of state loans) – cutting edge real estate legal issues.     Introduction Here is a recent real estate question that popped up in my law office. Do you know if there have been any enforcement actions (D & R) or Accusations against IN STATE

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Prior criminal convictions, real estate licensing & 2911 rehabilitation factors!

Mar 10th, 2015 | By
2911 rehab factors prior crimes

Tips for applying for your real estate license when you have a prior criminal conviction in California!  Does the “substantial relationship” apply? Click on the picture above to watch our video where Attorney Steve discusses the Section 2911 rehabilitation factors.  Click on the RED “V” to subscribe to our YouTube Channel.  Great for business and

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How to survive a real estate property management audit in California

Feb 27th, 2015 | By
What questions do they ask in an audit

Typical questions a property management broker can expect in California Click on the picture to watch our BRE Compliance video (Click the Red “V” in the upper hand corner to Subscribe to our business and real estate channel) Introduction Going through a BRE (formerly DRE) real estate property management audit can be very stressful for

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California real estate broker startup package

Feb 21st, 2015 | By
Real estate corporations attorney

Legal help to start your real estate brokerage the right way! Introduction When you just get your real estate license, you are excited and want to get going.  Before you jump the gun, there are a few things you need to think about such as: Forming your corporation (the BRE does not recognize the LLC

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How to apply for California real estate license with prior criminal convictions

Feb 10th, 2015 | By
DRE licensing lawyers CA

General Tips to help you apply for your California real estate license following conviction of a crime. Introduction When you are convicted of a crime in California (or other state) and you have served your time, paid your fees, and rehabilitated yourself, getting your real estate license may be something that pops up on your

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Falsely acting as a real estate broker = $20,000

Jan 27th, 2015 | By
real estate attorney for broker accusations

California Business & Professions Code 10139 – falsely holding yourself out as a real estate broker or salesperson in California is against the law. Introduction This blog talks about what a licensed real estate activity is, and what it isn’t.  For licensed real estate activities, a license is required, for unlicensed real estate activities, no

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Order to Desist and refrain (B&P 10086) explained

Jan 26th, 2015 | By
california bp 10086 desist order lawyer

What to do when you get a Desist and Refrain Order from the BRE Introduction So let’s say you are working for a mortgage company, property management company or some other real estate company.  Your job function does not require you to have a real estate license (i.e. you are not engaged in “licensed real

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Dangers of being a property management “rent-a-broker”

Jan 20th, 2015 | By
real estate property management duty to supervise law firm

California property management compliance basics – Rent-a-Broker Issues Introduction Many California real estate brokers got into the property management business “by accident,” basically just taking on and managing a property for a good client here and there.  After a while, the number of houses and rooftops started taking off.  At some point, the broker may

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Property managers representing landlords in Small Claims Court?

Jan 4th, 2015 | By
Small claims legal advice california real estate atorney

California Code of Civil Procedure Section 116.540 – The Property Manager as Legal Representative in California Small Claims Court! Introduction As a California property manager you have many fiduciary duties owed to your clients (the property owners).  In working on their behalf, the property manager and the property owner will have a written agreement between

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Three year Statute of Limitations Defense for BRE accusations

Jan 1st, 2015 | By
3 year SOL accusations real estate broker

Can the Bureau of Real Estate revoke or suspend my real estate license if I do not have business records from over three years ago? Introduction We have talked about the obligation to keep and maintain ALL records of your California real estate business for THREE YEARS.  The rule is set forth in California Business

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Definition of comingling under California real estate broker law

Jan 1st, 2015 | By
California comingling property management lawyers

DRE Defense Attorney Education Series – Legal definition of comingling trust funds. Introduction As a DRE defense attorney (now “BRE” for California Bureau of Real Estate), one of the hottest areas of real estate law right now is property management trust fund accounting.  Both random and “complaint-drive” audits continue to dominate the legal landscape.  One

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BRE Defense Attorney – Interest bearing trust accounts

Dec 28th, 2014 | By
California trust fund accounting lawyer

BRE Defense Attorney – Interest bearing trust accounts are illegal in California Introduction For real estate Brokers (in particular, those in the property management business) in California it is important to understand the various trust fund accounting requirements.  Some of these compliance rules arise under California Business & Professions Code section 10145 and under Commissioners

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You don’t need an attorney to represent you in a BRE property management audit

Dec 26th, 2014 | By
do i need lawyer for dre audit?

California property management audits – do you need an attorney to represent you? Introduction One question we get a lot is “if I get a DRE audit letter requesting an audit of my property management company do I need to hire a real estate law firm, or does that MAKE ME LOOK GUILTY? The short

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Overview of California Broker Breach of Fiduciary Duty

Dec 26th, 2014 | By
fiduciary duty lawyer California

Real Estate Breach of Fiduciary Duty Law Firm Introduction When a real estate client hires a licensed real estate professional to act as their agent in a transaction (ex. purchase of a home 0r commercial building, origination of a mortgage, sale of a business, or to act as property manager for a property), a “fiduciary

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California Property Management Compliance Services

Dec 24th, 2014 | By

How we can help your California property management company with BRE compliance issues! Introduction 2015 is a new year for real estate, and PROPERTY MANAGEMENT AND TRUST FUND COMPLIANCE might be on your list of things to get in order for the new year.  We have had clients tell us “we have had on our list

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Petition to surrender California real estate license

Dec 7th, 2014 | By
Hand over or surrender real estate license CA

How to surrender your California real estate license while an investigation or accusation is pending. BRE SAMPLE PETITION TO SURRENDER REAL ESTATE LICENSE CAL BP 10100.2 Introduction This real estate law blog discusses surrendering your real estate license in California when you no longer want to contest a filed accusation, or where a pending investigation

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Financial responsibility and your MLO endorsement in California

Dec 6th, 2014 | By
california mortgage lending lawyer

Bad debts, judgments, foreclosures, second mortgage lien collections, bankruptcies, and FICO issues relating to “financial responsibility” required to maintain California mortgage lending license. Introduction The California BRE (Bureau of Real Estate) has adopted regulations that implement the SAFE ACT MORTGAGE LENDING LAW requirements. The regulations are codified at Commissioners Regulation §2758.3.  In short: “An applicant may

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California real estate broker “self-dealing” defined

Nov 25th, 2014 | By
California real estate lawyer

Real Estate Broker Essentials – Breach of Fiduciary Duty and Self Dealing Litigation. Introduction Real estate brokers should spend their time out on the streets MAKING money, not in Court SPENDING money on real estate lawyers.  This blog helps identify various legal issues (particularly the prohibition against self-dealing) that can get a broker into a legal

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Don’t plead guilty if you have a real estate license

Oct 18th, 2014 | By
substantially related to real estate lawyer

Real Estate Broker Accusation Lawyer Introduction If you are a real estate licensee in the State of California, and you are charged with a crime (felony of misdemeanor) before you plead guilty or nolo contendre (no contest) call our law firm to make sure you are not basically setting yourself up to lose your real

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How to revive an expired California real estate broker’s license

Oct 14th, 2014 | By
BRE broker licensing law firm

California Real Estate Broker Licensing Lawyer Introduction Here’s the situation, say you were a California licensed real estate broker in 2007 and your broker license expired in 2011.  Then, assume you failed to renew your real estate license and your broker’s license lapsed in 2011.  What happens when its 2014 and you want to get

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How to survive a real estate broker accusation

Jul 27th, 2014 | By
how to survive a real estate licensing audit

A real estate license is a valuable license.  It represents your right to make huge commissions and to provide for your family.  When your license is on the line, things can get tense.  Vondran Legal can help you get through the grueling DRE, DBO and BRE investigation, audit and accusation process.  What is a Bureau

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