Recent Articles

California RE Form 515 Criminal Conviction Details

If you are convicted of a crime in California, this may have an impact on your California Real Estate license.  Especially if your license was already in restricted status.  If you are convicted of a crime (for example a DUI, assault, battery, shoplifting, forgery, fraud, marijuana possession … [Read More...]

California Arbitration Lawer for Realtor ETHICS MLS and Procuring casuse commission disputes

Here is an article I just wrote that explains, in general terms, what you face in a real estate arbitration before the board in California. Attorney Steve Primer on California Realtor Arbitration involving procuring cause, MLS violations, and Realtor Ethics Violations PDF   … [Read More...]

California Administrative Procedures Act

  When a California DRE licensed broker or salesperson faces an administrative hearing involving their license (ex. a hearing to determine whether the broker's license should be revoked or suspended) the California Adiministrative Procudure Act applies. For example, say a California … [Read More...]

Lawyer to represent me in DRE accusation in California

Here is a video that discusses the general process a California real estate broker or licensee will face when dealing with a DRE accusation or license audit. Here is another blog we just posted dealing with California SB 94, the MARS rule and Foreclosure Consultants.   … [Read More...]

California Social Media and Internet Lawyer

We just posted a blog on the top 10 social media issues to consider when bringing on new real estate agents, and taking into account the brokers duty to supervise certain activities of its agents, employees, and contractors. Here is a link to the social media lawyer blog post. … [Read More...]

Will the California Department of Real Estate deny me a real estate license if I have a past criminal conviction or criminal record

ISSUANCE OF A REAL ESTATE LICENSE IN CALIFORNIA FOLLOWING CRIMINAL CONVICTIONS If you have been convicted of a crime and later you want to apply for a real estate license in California, will you be able to obtain your real estate license (assuming you pass the real estate exam)?  This is an … [Read More...]

Intellectual property lawyer for real estate brokers

The modern-day real estate professional is faced with many issues that deal with intellectual property and social media.  Here are a few of things to consider: 1.  Real Estate website - do you collect personal information online, such as mortgage information?  Do you have a privacy policy in … [Read More...]

CALIFORNIA REAL ESTATE LAWYER BRANCH OFFICE WITH THE CALIFORNIA DEPARTMENT OF REAL ESTATE

  One way a California real estate or mortgage broker may choose to try to grow their business is by opening new offices and recruiting new agents for those offices, whether to broker mortgage loans, or perform other licensed activity.  Whenever a California Broker is considering this … [Read More...]

California DRE lawyer

If you are a broker looking to find a California Real Estate lawyer to represent you in a California Department of Real Estate ("DRE") investigation in regard to any of the following: DRE audit DRE hearing DRE investigation DRE accusation DRE admissions DRE surrender of a … [Read More...]

DRE Defense Lawyer discusses compliance with the SAFE ACT

THE SAFE ACT: CALIFORNIA RULES FOR COMPLIANCE The recent “Mortgage Meltdown” and “Foreclosure Crisis” has turned the real estate industry upside down and paved the way for new rules for Real Estate Professionals. One of the newest rules is the SAFE ACT. This act was crafted by the … [Read More...]

California breach of fiduciary duty lawyer

CALIFORNIA REAL ESTATE BROKERS MUST UNDERSTAND THE FIDUCIARY DUTY TO THE LOAN BORROWER. We recently had a client come to our office for legal advice in regard to suing her real estate broker for a breach of the broker fiduciary duty.  As we all learned early on in our real estate broker … [Read More...]

Orange County, California DRE Defense Lawyer to help in DRE Accusation

If you have undergone an Audit and Investigation by the DRE and are facing an "Accusation" you may be wondering what you legal rights are and how you should respond.  Here is a basic overview of what happens when you receive an "accusation" from the California Department of Real Estate. (1) You … [Read More...]

California DRE Defense Lawyer for SB94 and Foreclosure Consultant Arbitration Lawsuit

There are more and more lawyers out there now seeking to sue DRE licensed Brokers for a violation of SB94.  Some lawyers are making claims for thousands of dollars and threatening civil, DRE discipline, and even criminal charges against brokers (although attorneys are not ethically permitted to … [Read More...]

DRE DEFENSE LAWYER TOP 10 COMPLIANCE VIOLATIONS FOUND IN AN AUDIT

DRE TOP TEN VIOLATIONS LIST!  Here is a link to their story:http://www.dre.ca.gov/lic_top_ten.html Here are the bullet points: B & P Code Section 10148 - Retention of Records Regulation 2731 - Use of False or Fictitious Name Regulation 2831 - Trust Fund Records To Be … [Read More...]

DRE DEFENSE LAWYER ADVANCE FEES FOR LOAN MODIFICATION IS AGAINST THE LAW

HELPING HOMEOWNERS IS AGAINST THE LAW? The California legislature passed a bill known as SB 94 on October 11, 2009.  The law prevents ANYONE (even attorneys) from accepting advance fees for loan modification and loan forebearance work.  Since most lenders and brokers are not willing to work on … [Read More...]

DRE violations that can land you in hot compliance water!

IN HOT WATER? If you are a California Broker or real estate licensee facing any of the following discipline charges (or fighting a lawsuit involving any of the legal issues listed below) don't go it alone.  You should have a real estate attorney on your side to review the charges and properly … [Read More...]

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