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16 Cards in this Set

  • Front
  • Back

Caveat Emptor

The seller cannot be accountable for quality of product unless guaranteed in a warrentee.

Codes (realestate law)

The series of books of california legistation

2 parts of real estate law

Licensing, and transactions (subdivided land laws)

Www.leginfo.ca.gov

Coplete text of all 29 volumes of cal codes/pending bills

Regulations of real estate commissioner

Clarifies/interprets the real estate law for licensees

CalBRE

(California bureau of real estate) is headded by the real estate commissioner, administers the real estate law in california.

Www.bre.ca.gov

Info on bre/licensee current statuses

Real estat commissioner duties

-screens license candidates


-prepares subdevision public reports


-conducts licensee disciplinary action to licensees


-investigates non licensees


-Regulates non exempt franchises

Real estate advisory commission

Appointed by commissioner, 10 memebers make recomendations to commissioner.


-6 must be licensed brokers


-4must be nonlicensed members of the public



None get paid unlike commissioner

Brokerage

Business which consists of at least one broker.


Consist of sales people, support staff, clerical workers, and a number of branch offices.


Ex: Century 21

Sole proprietorship

May be owned by a broker, sales person, or nonlicensee



* can only carry out real estate activities under licensed real estate broker.


Ex: jolie

Corporation

When a brokerage decides to be set up as a corporation as opposed to a sole proprietorship


Ex: century 21

Partnership

When a brokerage is a part of a partnership. Only one needs required licenses as long as the other is not preforming duties which dont require a license.

Fictitious business name

Any time the business name is different than that of the licensee's real name.


-must be fild with county clerk in the county of business address


-effective for 5 years drom dec 31st of the year submitted


-commenly referred to as DBA (doing business as)


*application sent to commissioner

License inspections

Must be available to commissioner at any time at the branch which licensee works.(main branch)


Same for each individual branch's license

Salesperson

Must be considered as employee of brokerage or independant contractor to appoint liability to the brokerage.