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Physical and Legal Aspects of Real Estate (2:52)

Covers:  Real property as a bundle of rights; The right to possess and use property; Real estate versus personal property; Real estate is immovable, personal property is movable

Published 08/14/18

The Authority to Legislate (2:16)

Covers:  Authority of the California legislature to enact laws; Police power; Eminent domain; Power to tax; Escheat

 

The English and Spanish Influence on California Real Estate (1:42)

Covers:  The settling of legal disputes on a case-by-case basis before a judge under English common law; The precedent of prior court decisions; Statutes to address legal issues in advance of a dispute under Spanish civil law

Investigating the Existence of a Hazard (2:22)

Covers:  Natural hazard information obtained from the public record; Seller’s agent’s use of a natural hazard expert to prepare the Natural Hazard Disclosure (NHD) statement; Natural hazard expert relieves the seller’s agent of liability for errors

Disclosure of Very High Fire Hazard Severity Zones (1:15)

Covers:  Disclosure of areas subject to significant fire hazards; Use of the Natural Hazard Disclosure Statement (NHD); Buyer’s agent’s duty to advise the buyer on the consequences of owning property in a very high fire hazard severity zone

 

Disclosure of Flood Zones (3:01)

Covers:  The Federal Emergency Management Agency (FEMA); Special flood hazard area; 100-year floodplain; Dam failure.

 

Natural Hazard Disclosures (1:28)

Covers: Natural hazards which come with the location of a parcel of real estate; Locations where a property might be subject to natural hazards; Use of the Natural Disclosure Statement (NHD).

 

Desirability Based on Deaths Within Three Years (2:41)

Covers: Disclosure of a death which occurred on the real estate within three years of a buyer’s purchase offer; Buyer’s agent’s greater agency duty of care to protect the buyer; Know-your-client rule.

Deaths Affecting Market Value (2:55)

Covers: Disclosure of a death which affects market value; Disclosure of a death on buyer inquiry; Deaths which stigmatize a property; Price-to-value money losses.

 

When and When Not to Disclose a Death (3:03)

Covers: When to disclose a prior occupant’s use, affliction or death; No affirmative duty to voluntarily disclose a death which occurred more than three years prior, or a death resulting from AIDs or the HIV virus; Duty to disclose a death which had an adverse effect on market value.

 

Lead-Based Paint Hazards (4:42)

Covers: Conditions that cause exposure to lead contamination; Contents of the federally-mandated Lead-Based Paint Disclosure required when selling or leasing properties built prior to 1978.

 

Visual Inspection and Method of Disclosure of Environmental Hazards (4:10)

Covers: Use of the Transfer Disclosure Statement (TDS) to disclose an environmental hazard; Seller’s agent’s agency duty owed the seller and general duty owed the buyer; Seller’s agent’s visual inspection of property; Use of the environmental hazard booklet.

 

Noxious Man-Made Environmental Hazards (3:02)

Covers: Man-made environmental hazards which exist on or near a property; Examples of environmental hazards; Environmental hazards versus natural hazards.

 

Delivery of the Transfer Disclosure Statement (2:26)

Covers: Timely delivery of the TDS before the seller accepts a purchase agreement offer; Recourse for untimely delivery; Buyer’s statutory cancellation rights on an untimely delivery.

TDS: Mandated on one-to-four residential units (2:29)

Covers: The seller and seller’s agent’s use of the mandated Transfer Disclosure Statement (TDS); Disclosure of known conditions which might negatively affect the value or desirability of a property; Exempt transactions.

Gathering facts on adverse features (2:10)

Covers: Conducting a visual inspection; Assuring seller compliance with their duty to timely deliver statements to prospective buyers; Reviewing and confirming information in disclosure documents received from the seller; Advising in risk avoidance procedures; Responding to buyer inquiries.

Property is Sold “As-Disclosed,” Never “As-Is” (2:56)

Covers: How property sold “as-is” relates to California disclosure requirements; A seller’s agent’s general duty to voluntarily disclose material facts to a buyer; Improper use of an “as-is” disclaimer in lieu of making factual disclosures.

 

General Duty to Voluntarily Disclose (3:26)

Covers: : Seller’s agent’s general duty to timely disclose significant physical aspects of a property affecting market value or the buyer’s decision to purchase; Minimal quantity of property information to disclose.

A Broker’s Use of the Fair Housing Poster (1:17)

Covers: The Department of Housing and Urban Development (HUD) Fair Housing Poster; HUD posting guidelines.

 

Avoiding Discrimination in Marketing Real Estate for Sale or Rent  (2:03)

Covers: Examples of language which indicates a wrongful discriminatory preference; prohibited prejudicial colloquialisms.

 

DRE Regulation of Discrimination  (3:29)

Covers: CalBRE/DRE enforcement of regulations prohibiting discriminatory practices by real estate brokers and agents; Implicit discrimination; Broker duty of supervision

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Discriminatory Practices in the Golden State (2:55)

Covers: Prohibited discriminatory activity in the sale or rental of housing accommodations in California; Examples of prohibited activities; the Department of Fair Employment and Housing; Handling a dispute with the Department of Fair Employment and Housing

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Blockbusting for Exploitation (2:24)

Covers: Blockbusting and panic selling, examples; Blockbusting distinguished from steering; The Federal Fair Housing Act (FFHA)


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The Federal Fair Housing Act (FFHA) and Leasing (3:59)

Covers: The Federal Fair Housing Act (FFHA); unlawful discrimination during the solicitation and negotiation of the rental of a dwelling; Examples of selective reduction; Steering; Senior citizen housing

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Managing Trust Funds (3:28)

Covers: Items or evidence of value; Proper handling of trust funds; Agent’s acceptance of trust funds on behalf of their broker; Use of a subaccount ledger;  Commingling and conversion

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Dual Agency and Diminished Benefits (2:02)

Covers: The inability of a dual agent to obtain the best business advantage legally and ethically obtainable for either client; Dual agent versus exclusive agent; Broker difficulty overseeing and supervising dual agency negotiations


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Analyzing a Conflict of Interest (2:44)

Covers: Conflict of interest defined; Examples of pre-existing relationships which constitute a conflict of interest; Timely disclosing a conflict of interest;  Penalties for failing to disclose a conflict of interest


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The Agency Law Disclosure Part III: Agency Rules for a Seller’s and Buyer’s Listing (3:17)

Covers: The preliminary and compulsory listing event; Failure to provide an Agency Law Disclosure on a targeted transaction; Documenting a refusal to sign


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The Agency Law Disclosure Part II: Agencies Confirmed (4:07)

Covers: Use of the confirmation provision to make an agency relationship known;
Special fiduciary duties owed to a principal versus general duties owed to an opposing party; Common transaction documents an Agency Law Disclosure is attached to


The Agency Law Disclosure Part I: Legislated Order (4:07)

Covers: Two separate agency-related matters: the Agency Law Disclosure and the agency confirmation provision; Targeted transactions; Uniform jargon


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Introduction to Agency (2:04)

Covers: Participants in an agency relationship; Scope of authority to conduct real estate-related activities; How authority to act can be granted


Understanding the CalBRE (0:56)

Covers: The role and function of the California Bureau of Real Estate (CalBRE); primary responsibilities of the Real Estate Commissioner