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Placing real estate signs on private or public property without permission is a misdemeanor public nuisance in California, making the broker liable for local government enforcement and penalties under the Penal Code. Knowledge of the rules is your reputation – and money – saved.
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While California law and the First Amendment generally protect a property owner’s right to display “For Sale” signs, these rights are subject to reasonable government and HOA regulations regarding safety, dimensions and placement in common areas.
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The first episode of our new series dramatizes how to properly display a “For Sale” sign on a property on behalf of the seller to advertise the property for sale, and understand when permission is needed to advertise a property with a “For Sale” sign in a common interest development (CID).
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The final episode of our new series dramatizes the representation dilemma created for the seller when the retainer period under a new representation agreement overlaps a safety clause period in an expired representation agreement with a prior broker.
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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.
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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.
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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.
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This multimedia article explains when due-on clauses become used in the economic cycle and under which sale and leasing arrangements.
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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.
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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!
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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.
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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.
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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.
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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.
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See how the use of a written tenant representation agreement by the tenant broker assures collection of a fee whether the user acquires a fee or leasehold interest in a property — the tenant representation agreement covers the broker in both circumstances.
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2025 legislation requires a buyer agent to enter into a written representation agreement with their buyer seeking to acquire a fee interest in real estate. But is a commercial tenant’s acquisition of a leasehold interest also targeted? This three-part series is engineered to fully address every facet of this question commonly asked by our readers and students.
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How do you best structure the representation of a client in a qualified §1031 transaction? Watch/read here.
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Watch what happens when a seller rejects a full asking price offer on substantially the same terms for payment as called for in the seller representation agreement.
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The due diligence effort required under an exclusive representation comprises an orchestration of a basket of brokerage activities. Let’s unpack the basket.
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Some real estate brokers simply don’t measure up. Watch what happens when a seller broker’s efforts to market a property and locate buyers lack sufficient due diligence activities.
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