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Latest video published 9/3/2019

  • Due-on clause exceptions and waiversDue-on clause exceptions and waivers

    This article covers exceptions and waivers to the enforceability of the due-on clause present in all trust deeds and enforced on sales only during a cycle of rising long-term fixed rate mortgage rates.

  • A closer look at the due-on clauseA closer look at the due-on clause

    This article covers an owner’s use of property rights which allows a mortgage holder to capitalize on the due-on clause to extract further profit by calling the mortgage due and payable, or waiving the call to modify the interest rate and payment schedule at current market rates.

  • Price Paid is Different from the Seller’s Asking PricePrice Paid is Different from the Seller’s Asking Price

    The fourth episode of our new series answers the critical question of what happens when a registered buyer purchases property during the safety period for less than the asking price sought under the expired representation.

  • (Re)introducing the due-on clause(Re)introducing the due-on clause

    This multimedia article explains when due-on clauses become used in the economic cycle and under which sale and leasing arrangements.

  • Procuring Cause when the Representation Lacks a Safety ClauseProcuring Cause when the Representation Lacks a Safety Clause

    The third episode of our new series applies the procuring cause theory to an exclusive seller representation agreement which lacks a safety clause – and illustrates how a safety clause in a properly structured representation agreement is always the best practice.

  • Disclosure of a Prior Occupant’s Affliction and Death: firsttuesday Halloween SpecialDisclosure of a Prior Occupant's Affliction and Death: firsttuesday Halloween Special

    Grab your buttered popcorn for the two-part firsttuesday Halloween Special covering the disclosure of a death on a property. You’ll scream — you’ll laugh — you’ll learn!

  • Safety Clause vs. Procuring CauseSafety Clause vs. Procuring Cause

    The second episode of our new series presents a separate safety clause scenario contrasted against the procuring cause theory used to limit an earned fee to completing a transaction.

  • Real Estate Runs with the Labor Force Participation (LFP) RateReal Estate Runs with the Labor Force Participation (LFP) Rate

    California's labor force participation rate — which includes both the employed and job-seeking unemployed — is a crucial indicator of overall job levels, providing the fundamental economic basis for all real estate activity.

  • A Fee Earned After the Retainer Period EndsA Fee Earned After the Retainer Period Ends

    The first episode in our new five-part series depicts how a safety clause in an exclusive representation agreement establishes your right to a fee earned after the retainer period ends.

  • Needed Legislative Follow-Through – Foresight Dictates PrudenceNeeded Legislative Follow-Through – Foresight Dictates Prudence

    Laws for consumer representation by DRE brokers need consistency. Litigation will pull in the courts to definitively establish the conduct required of tenant brokers to earn and collect a fee. In the meantime, brokers need to do everything in their power to protect the fee they and their agents expect to earn.