hearing: 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)

hearing: 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)

hearing: 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)

hearing: 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)

hearing: 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)

hearing: 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)

 
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

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

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

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