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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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 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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