dre: 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)
dre: California BRE lawyer shares property management audit tips
- 08/08/17 12:53 PM
Open Season for CalBRE property management audits? Hi again everybody, Attorney Steve® here with some 2017 real estate updates. Based on the number of phone calls I have been receiving lately from California real estate brokers and salespersons, it appears to be "open season" on real estate brokers, in particular, property management companies. Some of the things I believe are triggering audits are: 1. Property managers who post real estate listings for rentals on Craigslist and other websites that DO NOT have their broker license identification numbers. 2. Complaint filed with the BRE (either relating to short sales transactions, sales transations, or property management issues … (1 comments)
dre: How to get a real estate license with a prior criminal conviction?
- 05/31/16 11:10 AM
DON'T FEEL LIKE READING? CLICK HERE TO LISTEN TO THE PODCAST ON THIS TOPIC. Introduction If you have ever dreamed of having your real estate license and getting involved in the amazing real estate business (either representing clients buying or selling residential or commercial real estate, quoting mortgages, handling property management, or even selling business opportunities), but have prior criminal convictions in your background – either a felony or misdemeanor, this blog is for you. This blog will tell you everything you need to know about what your chances are to “get your ticket” to the real estate dance. We have helped many … (0 comments)
dre: How to avoid a BRE audit in five easy steps
- 08/06/14 01:51 PM
Attorney Steve's top five tips to avoid a real estate audit by the BRE This article is a general legal overview of a few tips I have encountered over the years to help real estate brokers protect themselves and avoid a BRE audit. Basically, the BRE (Bureau of Real Estate) will respond to complaints against real estate licensees and they may call you up and want to ask you a few questions. Oftentimes it is in regard to a single transaction. Other times, there is a disgruntled ex-employee that has an axe to grind that reports some type of wrongdoing … (1 comments)
dre: Company names the Arizona Department of Real Estate will NOT approve
- 02/22/14 03:35 AM
Howdy again everyone. This blog is for Arizona real estate brokers who are getting ready to lauch their real estate brokerage business, basically, by incorporating and chooising a new business name to submit to the Arizona Deaprtment of Real Estate (AZ DRE). I can save you some time by telling you what company and business names NOT TO CHOOSE. I recently found out there is a list of terms and words the new commissioner will not approve (even though it seems the previous commissioner would approve it). This is not to criticize the commissioner, instead, my goal is to make … (0 comments)
dre: 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)
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)
dre: 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)
dre: 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)
dre: 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)
dre: 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)
dre: DRE real estate broker escrows may require escrow activity report
- 07/22/12 03:14 PM
California Business and Professions Code Section 10141.6 There is a new law in California starting July 1, 2012 that applies to all California real estate brokers who conduct real estate escrow activities in California and meet the escrow threshold. Brokers who are exempt from the Escrow Law (California Financial Code Section 17006) and engage in broker escrows amounting to five or more transactions in a calendar year or whose escrow activities are $1 million or more in a calendar year meet the escrow threshold and must, under the new law, file an annual report with the California Department of Real … (0 comments)
dre: California SB 510 allows DRE brokers to appoint branch managers
- 07/22/12 02:15 PM
For those who have not heard of this by now, there is a new law (California Sentate Bill 510 which adds sections 10164 and 10165 to the Business and Professions code in California) which allows a California real estate broker to appoint a real estate licensee to be a branch office or division manager. There are limitations as to who can become a branch manager. For example, you cannot appoint a real estate licensee to be a branhc manager if: (1) the licensee has a restricted license; (2) the licensee has been the subject of a bar order;
or
… (0 comments)
dre: 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)
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)
dre: Cashing in on Broker Fraud or Trust Fund conversion with the California DRE consumer Recovery Account!
- 03/06/12 09:29 PM
ATTORNEY STEVE’S TOP 12 FREQUENTLY ASKED QUESTIONS ABOUT THE CALIFORNIA DRE CONSUMER RECOVERY ACCOUNT Steve Vondran is a real estate lawyer serving clients throughout California. We also have an office in Phoenix, Arizona. Call us at (877) 276-5084. Introduction Okay, here’s the situation. You got into a dealing with a California real estate licensee (broker or salesperson) in a transaction requiring a real estate license (for example a mortgage loan refinance, or purchase or sale of a residential or commercial property). During the transaction, let’s say the broker commits various acts of intentional fraud (ex. intentionally failing to disclose serious defects … (3 comments)
dre: illegal loan modification companies should be shut down and attorney fees can be awarded to the successful plaintiff
- 04/07/09 05:07 AM
The following is general legal information only and not intended to serve as legal advice or a substitute for legal advice. For specific questions, please contact an attorney. Steven C. Vondran, Esq. can be reached at steve@vondranlaw.com. He is licensed to practice law in Arizona and California. Introduction Lately we have been dealing with several homeowners who have been victimized by illegal loan modification companies (companies that do not have a DRE approved advance fee agreement, meaning they have not received a letter of non-objection from the California Department of Real Estate if accepting advance fees from California Homeowners for performing or … (1 comments)
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