California

Allowable Referrals and Commission Splits in California Real Estate Transactions

In California, the Bureau of Real Estate and California law permit a licensed real estate brokerage to pay a referral fee for a real estate transaction to a person not licensed by the Bureau of Real Estate, only if the person who is to get such a fee was not soliciting on behalf of theRead More

Property Management Companies and Security Deposits

In recent months, I have handled an increasing number of risk management inquiries for real estate agents and brokers who are property managers for property owners who rent out residential properties. The most common disagreement between landlords and tenants for years has been over the refund of the tenant’s security deposit after the tenant hasRead More

Dual Broker/Associate Licensee Beware!

If being a real estate broker or salesperson acting in a dual agent capacity was not already risky enough, the California Court of Appeal just made it even more dicey. Real estate brokers and associate licensees know that the risk is great in acting in a dual agent capacity, but the reward most of theRead More

Solar Power Systems — a Hot Topic!

Issue – Solar Power Systems are Fixtures When we think of fixtures that are included in the sale of a property, it is likely that some Brokers and Agents have not considered the application of the modern day solar power system. Similar to a hot water heater, a furnace, or other major component, the solarRead More

Brokers May be Left Broke without Workers’ Compensation

Every single person autonomously employed in the state of California is required to be covered by workers’ compensation coverage by law.  And as some real estate businesses and independent brokers are discovering, attempting to fly under the radar of the government to save a little money on premiums may be more of a road toRead More

Short Sale Deficiencies

On January 1, 2011, the California Civil Code Section 580e was enacted. This statute prohibited a First Trust Deed lender from receiving a deficiency judgment against a short sale seller of 1 to 4 residential unit properties. Through the efforts of C.A.R. on July 15th of the same year, the statute was broadened to includeRead More

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