accusation: Vondran Legal - Overview of our real estate legal services - 05/22/18 05:35 PM
Vondran Legal is a Premier Real Estate Firm with offices in California and Arizona!  We have helped countless brokers, real estate agents, homeowners and others in BRE accusations and licensing matters, arbitration, mediation and state & federal litigation.
 
 
About Us
Our law firm launched in 2004. We started small, incorporating real estate companies and helping financial entities obtain CFL lending licenses and handling general real estate compliance issues, including broker audits, investigations and accusations.  From there, we mushroomed into other areas of real estate law, including becoming a leader in California broker compliance law, foreclosure, predatory lending, zoning, and financial elder abuse.  We built … (0 comments)

accusation: Cal Property Managers are you ready for trust fund audit? - 10/28/17 01:43 PM
Introduction
I know, you are probably TIRED of hearing about another blog on real estate COMPLIANCE but this is an extremely important topic that most brokers are not even aware of, but the California Bureau of Real Estate (“BRE”), soon to go back to the “Department of Real Estate” name, is out in full force handling audits throughout the State of California through its four office locations (San Diego, Fresno, Los Angeles, and Oakland).  What does this mean for the California property manager?   It means you better be ready to “show your books” as we are seeing a major crack down on … (3 comments)

accusation: What is a restricted real estate license in California? - 03/08/14 12:18 PM
An overview of restricted real estate licenses in California.
You may have heard of a broker or salesperson who has a "restricted" real estate license.  But just what does that mean?

Click on the picture above to go to our Attorney Steve Real Estate TV video on restricted licenses.  Here is another video that discusses removing restricted real estate license status.
In a nutshell, a restricted real estate license is what often results following a BRE accusation being filed (which is basically a complaint against a real estate licensee who is alleged to have violated the real estate law or … (2 comments)

accusation: Will you lose your NMLS mortgage loan originator license in accusation - 05/13/13 11:08 PM
 
A word about NMLS licenses and California Business and Professions Code Section 10166.051 After you have been audited by the California Department of Real Estate ("DRE") - soon to be called the "bureau of real estate" ("BRE"), one question I get quite frequently is WILL I LOSE MY NMLS LICENSE and lose the ability to originate mortgage loans?  Well, the short answer is maybe yes. Under the law, the department could discipline your NMLS license when you are charge with wrongdoing, dishonest dealing, trust fund accounting violations, advance fee violations, willful violation of the real estate law, just for a … (0 comments)

accusation: Important Alert about the broker's duty to supervise rule 2725 - 05/08/13 04:04 PM
 


Are you ready to go from Real Estate Broker to Real Estate salespersons because you don't fully understand the duty to supervise?
 
This is an important notice about something that I know everyone already knows, but may not truly understand.  This article is based on things that I seen in my practice and that I am learning right now regarding how the California Department of Real Estate views the broker's duty of supervison versus how some brokers see it, and deal with it.  As a licensed real estate broker myself (I practiced real estate before becoming a … (0 comments)

accusation: Ten most common violations found in DRE audits - 12/27/12 03:05 PM
Hi everyone, for most of you this blog is nothing but a refresher course.  For some of you, there might be some good information here.  Wishing everyone success in 2013.  It's going to be a very big year!






































(18 comments)

accusation: DRE commissioner's regulation 2773 are you complying? - 10/29/12 03:15 PM
DON'T MISS THE SHOW!
Just a quick reminder to catch our internet radio show tomorrow - The Vondran Legal Hour - where we will be discussing regulation 2773 and a general overview of the requirements for real estate licensees.  If you have not heard about the law, it was passed in 2009, and requires real estate licensees to disclosure their real estate license number on certain print advertising.  I have seen a general lack of compliance on this so just thought I would touch on the topic briefly.
You can access the link to the DRE Advertising Regulation 2773 show here.
(1 comments)

accusation: DRE has "clear and convincing" standard in accusation hearings - 10/28/12 11:11 AM

An interesting real estate license discipline case came down from the California Court of Appeals involving Grubb Company, inc. ("Grubb") and one of their real estate licensees.
Case Summary
The Grubb Company, Inc v. California Department of Real Estate, 194 Cal.App.4th 1494 (2011). This is an interesting case wherein Grubb, by and through one of its real estate agents ("Paul") undertook a dual agency position in a real estate transaction.  In the case, (Grubb and Paul - collectively "Grubb") represented two sellers of a particular property and after entering into the listing agreement, there was information provided to Grubb from the … (2 comments)

accusation: The duty to disclose criminal convictions to DRE and consequences - 08/02/12 04:49 PM

Criminal convictions sometimes occur, even to good people.  When a real estate licensee, or applicant for an original real estate license is convicted of a crime (for example rape, arson, robbery, burglary, DUI, shoplifting, embezzlement, etc.) whether a felony or misdemeanor, such persons need to be aware of the need to disclose the conviction at risk of losing the real estate license or facing license disclipline (via suspension or revocation following an accusation) or else having the original real estate license denied.

NEW APPLICANTS FOR A REAL ESTATE LICENSE - CRIMINAL CONVICTIONS.

When applying for an original California … (11 comments)

accusation: The DRE just sent me a subpoena duces tecum, now what do I do? - 07/31/12 11:15 AM
                            From time to time a DRE licensed broker or sales agent may receive a subpoena from the California Department of Real Estate (“DRE”) usually pursuant to a DRE investigation.  The question then becomes, what do I do with the subpoena?  Forst, what is a subpoena?According to Webster’s online dictionary a subpoena is defined as: “A writ issued by court authority to compel the attendance of a witness at a judicial proceeding; disobedience may be punishable as a contempt of court.”
There are two basic types of subpoenas that the DRE may send a real estate licensee: (1) the basic subpoena to … (0 comments)

accusation: unlicensed Loan modification company and mortgage loan auditors alert - 07/22/12 12:30 PM

If you are in the State of California and you DO NOT HAVE A CALIFORNIA REAL ESTATE LICENSE, according to the California Department of Real Estate you are engaged in unlincensed activity.  The DRE considers loan modification activity (soliciting and negotiating loan modifications) to be a licensed activity requiring a real estate license.  If advance fees are collected, then an advance fee agreement, trust account, and other requirements must be met.
We have recently learned through one case my firm has handled (we handle DRE audit, investgation and accusation cases) that peforming forensic loan audits in connection with providing loan … (1 comments)

accusation: Basic overview of the Administrative Hearing Act that applies to DRE disciplinary hearings - 07/16/12 09:52 AM
 
                          
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.  This is a Primer of the CALIFORNIA ADMINISTRATIVE PROCEDURES ACT!
For example, say a California Real Estate Broker was charge with committing one or more of the following acts:
Comingling broker trust account funds (California business and professions code section 10176(e)) Improper use of unlicensed DBA (California business and professions code section … (1 comments)

 
Steve Vondran, IP & Real Estate Lawyer (The Law Offices of Steven C. Vondran, P.C.) Rainmaker large

Steve Vondran

IP & Real Estate Lawyer

Newport Beach, CA

More about me…

The Law Offices of Steven C. Vondran, P.C.

Address: 620 Newport Center Drive, Suite 1100, Newport Beach, CA, 92660

Fax: (888) 551-2252

Office: (877) 276-5084

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