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Case Law

New California Court of Appeal Case: Real Estate Broker Professional Responsibility

In professional malpractice cases, expert opinion testimony is required to prove or disprove that the defendant performed in accordance with the prevailing standard of care except in cases where the negligence is obvious to laymen. (more…)
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CA Department Real Estate

Who Needs an MLO Endorsement or MLO License When Engaging in Loan Origination Activity in California?

The definition of a mortgage loan originator (MLO): Mortgage loan originator means an individual who for compensation or gain in expectation of compensation or takes a residential mortgage loan application or offers or negotiates terms of a residential mortgage loan. A residential mortgage loan is defined as a loan for personal, family, or household use that is secured by a...
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CA Department Real Estate

Background Checks for Licensing as a Mortgage Loan Originator in California

Mortgage loan origination activity by a Department of Real Estate Licensee – whether a real estate broker or real estate salesperson – requires that the license holder apply to the DRE for an MLO ENDORSEMENT to the license that allows the licensee to engage in Mortgage Loan Origination Activity. The alternative to the DRE endorsement is to seek the MLO...
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News

ATTENTION DRE LICENSEES – Sexual harassment claims in the era of #MeToo

Sexual harassment: Real Estate licensees can be held liable for claims of sexual harassment in situations where the following has occurred: There is a business, service, or professional relationship between the complaining party and the licensed real estate professional. The licensed real estate professional has held himself or herself out as being able to help the complaining party establish a business,...
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CA Department Real Estate

What is a Broker-Associate?

The title of “Broker Associate” is now clearly defined in the CA Business and Professions Code: 10015.3. “Broker associate” means a broker retained by a responsible broker who has authority to provide services requiring a real estate license on behalf of the responsible broker. The Department of Real Estate allows a broker associate to work under the license of a...
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Regulatory News Updates

Criminal convictions and license applications – ALWAYS investigate before applying for licensing

Denial of license based on a criminal conviction that has been expunged is now prohibited under the CA Business and Profession Code. Read further for additional details: (more…)
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News

The High Cost of a DUI When You Hold a Professional License

  The Automobile Club of Southern California reports that the costs associated with a DUI conviction have risen since the Auto Club last reviewed the issue in 2010. The costs associated with a DUI conviction include fines to the state, county penalties, attorney fees and increased auto insurance rates. (more…)
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News

Increased Accountability of Licensees Managing Real Estate Offices

California Governor Jerry Brown signed SB 510 into law on 10/9/11. This legislation will allow brokers to designate branch managers as directly responsible for the licensee activities of those real estate salespersons under their supervision. This will require filing paperwork with the Dept. of Real Estate (DRE) notifying the DRE of the designation. Standby for further updates. Recent Posts The...
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News

Why AB 278 (Hill) is a Great Piece of Legislation for the California Real Estate Community

Current law and regulations require the Department of Real Estate (DRE) to engage in formal disciplinary action against licensees for any infraction, even a minor one and even if the violation was promptly corrected.  Once accused, the licensee must defend themselves against the allegation or else risk losing their license. (more…)
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News

The Meaning of a “Restricted” Real Estate License

  To understand the effect a restricted real estate license will have on your real estate career, you must first understand the rights associated with an “un”restricted real estate license. (more…)
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