Review the historical and current practice of a buyer broker to earn and be paid their fee on a transaction when representing a buyer-client.
The MLS environment
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Legal Aspects of Real Estate
Back up your sales acumen by diving into the legal aspects of California real estate.
Stay current on the latest news, videos, forms, and updates for Legal Aspects of Real Estate.
Recent updates to the course e-book
- In Chapter 25, references to “a intervivos trust” should be “an intervivos trust.”
- In Chapter 33, in the third bullet point beginning “55 or older with an annual income…”, $15,000
should be $25,000 and $20,000 should be $35,000. - Answer Key for Quiz 9, Question 2. The correct answer should be “d.”, not “c.
06/25: The 2025 rules for buyer representation and fee-splitting avoidance are currently being edited into this e-book.
Newly published related content
Is a landlord liable for injuries to a motorist on an adjacent roadway caused by a tenant’s livestock known to the landlord to be fenced in on the property?
Estate of St. John v. Schaeffler
May a lis pendens recorded on a property purchased with trust assets be expunged when the appointment of the successor trustee and sole beneficiary is disputed?
A California appeals court holds there is a real property claim when a property’s title is vested in the name of a disputed successor trustee.
Lessons from the Field: Incomplete TDS
An agent, retained by a seller of property, has a duty to have the seller-client enter their truthful responses to property conditions itemized on a Transfer Disclosure Statement (TDS).
Is a seller’s assignment of their claim against a broker for breach of fiduciary duty enforceable by the assignee when the broker fails to disclose the dual agency of their agents?
A California appeals court holds a cause of action against a broker for breach of fiduciary duty is transferable.
Wildfire protection is a statewide legislative concern for housing
Only when homes are no longer being built in wildfire zones will the wildfire risk fall to an acceptable level.
Reading the legal tea leaves — the parallel need to conform tenant representation to new buyer representation rules for commercial transactions
The new buyer representation rules have an application which may surprise some brokers – the negotiated, written representation of commercial tenant clients.
Changes to application screening fees charged by residential landlords
Landlords now need to actually have a unit readily available for a prospective tenant to occupy when they demand a screening fee for reviewing an application for approval or denial.
Letter to the Editor: What happens to buyer representation agreements and fees when an agent changes brokers?
A buyer representation agreement runs with the broker, not the agent.