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.
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Category: Laws and Regulations
DRE Bulletin Digest: Fall/Winter 2024
The DRE’s Real Estate Bulletin keeps licensees informed on new codes and regulations significant to real estate practice, common violations of real estate rules of conduct, and real estate education opportunities.
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Mandated landlord credit-reporting offer to improve tenant credit scores
Residential landlords are now obligated to offer to report a tenant’s positive rental payment information to at least one nationwide consumer reporting agency.
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Does a property manager owe a duty of care to resolve disputes between neighbors?
A California appeals court holds a property manager’s duty of care does not encompass resolving disputes between neighbors.
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Updates to the permitting and approval of new housing developments
The streamlined approval process developers use when certain parameters are met just got additional incentives.
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May a property owner use their easement on a neighbor’s property to transport their cannabis crop without the consent of their neighbor?
A California appeal court holds an easement for an illegal purpose is invalid.
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May a local agency require payment of an impact fee to obtain a building permit when the fee amount is unrelated to the individual impact of the construction?
The U.S. Supreme Court holds impact fees which are a condition to receive building permits need a reasonable relationship between the fee amount and the individual impact.
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May a landlord maintain an unlawful detainer (UD) action against a tenant when the landlord provides an ambiguous three-day notice to pay rent?
A California appeals court holds an unlawful detainer (UD) action needs an unambiguous three-day notice to pay to recover possession from a tenant.
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May an owner of developable property encumbered by an undisclosed easement recover under a policy of title insurance the diminution in value based on the property’s highest and best use?
A California appeals court holds the property’s value under a title insurance policy is based on the highest and best use.
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New law takes aim at “junk fees” from California landlords
Landlords may no longer charge fees for posting or serving eviction notices or notices to vacate to residential tenants or for accepting rent or security deposit payments by check. Security deposits charged a military service member renting as a residential tenant, when higher than the security deposit charged others, require specific steps.
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Foreclosed out homeowners not to be contacted for 90 days regarding surplus funds
An owner entitled to surplus funds remaining from the foreclosure sale of their residence are chased by individuals attempting to make claim on the surplus funds. Now these surplus fund chasers are barred from contacting the owners for 90 days after the trustee’s deed is recorded to better protect California homeowners in a vulnerable position.
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Mobilehome owners install solar energy systems without park owner interference
California’s legislature promotes solar energy by empowering owners and tenants of mobilehomes to freely install and use solar energy systems without any type of interference from the owner or manager of the mobilehome park.
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The case for “seller representation agreement” to replace “listing” in real estate law
The title “Listing Agreement” is archaic compared to “Representation Agreement.”
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Form-of-the-Week: Seller’s Net Sheet, and Buyer’s Cost Sheet — Forms 310 and 311
Demonstrate to your buyer and seller clients how broker fees are paid in RPI Forms 310 and 311.
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Water tank assistance disclosure to buyers of residential property
Residential property for sale equipped with a state-assistance water tank requires the seller and seller broker to disclose to prospective buyers that the water tank is not part of the property acquired.
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Form-of-the-Week: Request for Notice of Mello-Roos Assessment — Form 137
A seller agent uses RPI Form 137 to request information from the Improvement District Office about Mello-Roos on a property listed for sale.
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Counteroffers — practice dictated by buyer representation agreements
Learn how to counter an offer with a purchase agreement calling for the buyer to pay the broker fee and avoid claims of tortious interference.
Read More![Form-of-the-Week: Purchase Agreement — for One-to-Four Residential Property — with Buyer Broker Fee Provision [RPI Form 150]](https://journal.firsttuesday.us/wp-content/uploads/purchase-agreement-1-627x376.jpg)
Form-of-the-Week: Purchase Agreement — for One-to-Four Residential Property — with Buyer Broker Fee Provision [RPI Form 150]
A buyer agent uses RPI Form 150 when preparing an offer for their buyer to purchase one-to-four unit residential property with a fee provision for disbursing the buyer broker fee from the purchase price.
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Mobilehome park management may not remove a vehicle from a driveway or designated parking space when the vehicle is used for work or employment
A mobilehome park manager may tow a vehicle that violates park rules, unless it is a vehicle required for work or employment.
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DRE Bulletin Digest: Summer 2024
The DRE’s Real Estate Bulletin keeps licensees informed on new codes and regulations significant to real estate practice, common violations of real estate rules of conduct, and real estate education opportunities.
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