FARM: Do’s and don’ts for staging your home
Use this firsttuesday FARM Letter in your marketing. For a list of all our FARM letter templates...
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Category: Laws and Regulations
Fees for withdrawal or termination of a representation agreement
Learn to protect your broker’s right to collect a fee when a seller-client removes their property from the market or cancels the representation agreement.
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Is percolating groundwater which seeps into an aquifer conveyed with the land when a mortgage holder forecloses on a parcel of real estate?
Sandton Agriculture Investments III, LLC v. 4-S Ranch Partners, LLC
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The exclusive employment obligations of a broker
Learn the obligations of a seller and their broker under an exclusive seller representation agreement and whether a buyer is ready, willing and able to buy when submitting an offer to purchase.
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DRE Bulletin Digest: Spring 2025
The DRE’s Real Estate Bulletin informs licensees on rules of conduct, changing legislation and new licensing exams, which we digest to help you keep your practice and conversations current.
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The MLS environment
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.
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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.
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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).
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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.
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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.
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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.
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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.
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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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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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