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Types of Listing Agreements (1:11)

Covers: Variations of listing agreements which relate to the extent of a broker’s representation, type of services performed and events triggering payment of a fee; Exclusive and open listing agreements.
Published 04/15/19

Employed to Act as an Agent (2:25)

Covers: The separate employment relationship and agency relationship created under a listing agreement; Contract law; A client’s unenforceable oral promise to pay a fee.

Right to a Fee (1:38)

Covers: An agent’s right to a fee under the written employment agreement with their broker, not under the separate listing agreement with the client; Scope of authority and brokerage services under the listing agreement; Client’s promise to pay a fee in exchange for the broker’s promise to use diligence in their efforts to meet the client’s objectives.

Authority to Act on the Client’s Behalf (1:23)

Covers: The listing agreement as a written employment contract between a client and a licensed real estate broker; An agent acts on behalf of their employing broker and cannot independently enforce the listing.

Is it a violation of appraiser independence? (3:24)

Covers: The rules governing appraiser independence under the Truth-in-Lending Act, including prohibitions of conflicts of interest and deliberately inaccurate evaluations

Notice of Nonresponsibility Protects Against a Mechanic’s Lien (3:01)

Covers: A contractor’s use of a mechanic’s lien to recover for unpaid labor; A landlord’s use of a Notice of Nonresponsibility to avoid liability for claims arising out of improvements the tenant contracts to construct; Posting a Notice of Nonresponsibility on a conspicuous place on the property and recording with the country recorder within 10 days

Real Estate Fixtures vs. Trade Fixtures (2:45)

Covers: Real estate fixtures – improvements that are attached to the real estate and are conveyed with it at the end of the lease term by reversion; trade fixtures – improvements that are attached to the real estate and are unique to the tenant’s business operations and are not conveyed with it; Fixtures that have become an integral part of the building’s structure and cannot be removed on expiration

Leasehold Improvement Provisions and Promises (2:58)

Covers: Further-improvement provisions in a commercial lease; Permissive and mandatory improvements; Tenant’s ordinary care of a premises; Personal improvements unique to the operations of a business

Are they a customer under Regulation P? (2:44)

Covers: The Privacy of Consumer Financial Information, including the rules controlling the sharing of a mortgage applicant’s or borrower’s sensitive personal information.

 

Ownership Rights When a Tenant Vacates (3:56)

Covers: The proper handling of tenant improvements on the expiration of a lease; Trade fixtures and trade improvements unique to the operation of a tenant’s business; Examples of improvements which become part of the real estate.

Other Rules for Terminating a Tenancy (1:57)

Covers: Additional restrictions and practices when terminating a tenancy in a rent control community or industrial property; 60-day notice to terminate a tenancy-at-will in a mobile home park; 90-day notice to terminate the tenancy of a foreclosed property.

 

Changing the Type of Tenancy (1:36)

Covers: Shifting a tenant’s possessory interest in real estate from one type of tenancy to another through notice from the landlord, expiration of a lease or by the conduct of the landlord.

 

The Holdover Tenancy (2:04)

Covers: The holdover tenant’s retention of a premise without any contractual right to do so; Tenancy-at-sufferance; Use of the holdover rent provision; Deduction of holdover rent from a security deposit.

A Closer Look at a Tenancy-at-Will (3:07)

Covers: The characteristics of a tenancy-at-will; Examples of situations which result in a tenancy-at-will; Terminating a tenancy-at-will.

 

The Periodic Tenancy (3:32)

Covers: Use of a rental agreement to structure a periodic tenancy; Examples of periodic payment intervals; Periodic tenancy resulting from possession under a defective lease; Terminating a periodic tenancy.

Is my marketing call TCFAPA compliant? (3:49)

This video reviews the provisions of the Telemarketing and Consumer Fraud and Abuse Prevention Act and its associated regulation, the Telemarketing Sales Rule.

 

The Fixed-Term Tenancy (2:13)

Covers:  Requirements of a lease agreement: contain a commencement and expiration date, document in writing if for a period greater than one year; Termination of a fixed-term tenancy; Advantages and disadvantages of a fixed-term tenancy

Leasehold Estates Held by Tenants (2:36)

Covers:  Four types of tenancies; Establishing a tenancy; Trespass; Proper termination of a tenancy; Unlawful detainer

 

Leasehold Estates Held by Tenants (2:00)

Covers:  Lease and rental agreements conveying a possessory interest in real estate; Lease and rental agreements distinguished; Tenant’s ownership of the right to occupy a property, not the property itself

 

When can a borrower cancel FHA mortgage insurance? (2:48)

This video will help reinforce the duration of FHA mortgage insurance premiums.

Is my loan subject to RESPA? (5:13)

This video will help reinforce the identification of loans covered by the Real Estate Settlement Procedures Act (known as RESPA) and Reg X.

Is this mortgage ad Reg N compliant? (2:13)

We review the mortgage advertising rules under Regulation N (Reg N), the Mortgage Acts and Practices – Advertising rule.

 

Is it covered by TILA? (3:49)

We review your understanding of what loans are covered by TILA and Reg Z.

 

Possessory Interests in Real Estate (2:45)

Covers:  Three types of estates in real estate: fee estates, life estates and leasehold estates; Fee owner’s exclusive right to use and enjoy their property and exercise absolute control

 

Types of Leaseholds (2:40)

Covers:  Four types of leasehold estates held by tenants; Fixed-term tenancy; Periodic tenancy; Tenancy-at-will; Tenancy-at-sufferance

 

Ownership of Oil and Gas (1:10)

Covers:  Oil and gas are transitory and fleeting in nature; Oil and gas are personal property when removed; An owner’s exclusive right to drill on their premises

 

Land: The First Component of Real Estate (2:34)

Covers:  Oil, rocks, solid materials of the earth and reasonable airspace above the earth; Materials are considered land while they are undisturbed, personal property when severed from the earth; Profit a prendre – the right to remove minerals from another’s real estate

 

Real Estate Components (2:52)

Covers:  The physical components of real estate – the raw land, anything affixed to the land, anything appurtenant to the land, and anything which cannot be removed from the land by law

 

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

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