The California legislature recently amended the continuing education requirements for real estate brokers (broker) licensed by the California Bureau of Real Estate. AB 345, signed into law by Gov. Jerry Brown on July 13, 2015, requires a licensed real estate broker, as part of the broker’s 45 hours of continuing education, Read more…
On September 28, 2014, Governor Brown signed Assembly Bill 2396, which provides that an individual with an expunged conviction cannot be denied a license solely because of the expunged conviction, notwithstanding any other law in the Business and Professions Code. This new law gives relief to applicants applying to certain Read more…
Under Title 10 of the California Code of Regulations, Article 18.6, section 2921, licensees subject to discipline by way of a filed Accusation may petition the Commissioner (now Bureau Chief) of the Bureau of Real Estate (BRE) for a monetary penalty in lieu of other discipline. This petition may serve Read more…
The longstanding purpose of license discipline laws is to protect the public from incompetent practitioners. Although the standards differ somewhat from agency to agency, almost every licensing agency has laws that allow it to take disciplinary action against a licensee when their conduct falls below what is expected of the Read more…
On July 1, 2013, the Department of Real Estate (DRE) is no more. No, the State of California is not abolishing the agency. Rather, they are shifting under the Department of Consumer Affairs and becoming the Bureau of Real Estate (BRE). As a result, the BRE is recommending that California real Read more…
The California Department of Real Estate (“DRE”) is in the process of adopting proposed regulations Section 2907.1, 2907.2, 2907.3, and 2907.4 within Chapter 6, Title 10 of the California Code of Regulations. The proposed sections relate to the issuance of citations and the associated fines to real estate licensees in Read more…
The Administrative Procedure Act (APA), which governs license discipline for almost all California licensing agencies, requires that the Licensee-Respondent file a Notice of Defense, which is equivalent to an answer, within 15 days after service of the Accusation. (Please note that Code of Civil Procedure section 1013 more than likely applies to the Read more…
On January 1, 2012, a new section was added to the Business and Professions Code which expanded mandated reporting for real estate licensees of certain events to the Department of Real Estate (DRE). The requirement, contained in section 10186.2 of the Business and Professions Code, provides that a real estate Read more…
There are many reasons to hire a lawyer which we discuss with clients all of the time. But lately we have run into a number of California Bureau of Real Estate licensees who have made the fatal decision to represent themselves at their administrative hearings involving a disciplinary action known as Read more…
The designated officer of a corporation is responsible for the supervision and control of the activities conducted on behalf of a corporate broker by all of its officers and employees. This responsibility is essential to securing full compliance with the Real Estate Law. If this responsibility is not taken seriously, Read more…