Real estate brokers

Last week, the Commissioner of Business Oversight issued an invitation for comment on whether to exempt real estate brokers from the investment adviser certification requirement under the Corporate Securities Law of 1968.  The exemption would require a real estate broker to be operating under the scope of a license issued by the Bureau of Real Estate and be:certified as a broker-dealer under the Corporate Securities Law; oronly offer or sell securities qualified by permit pursuant to Corporations Code Section 25113.To qualify for the exemption, the broker would be required to file a notice with the Department.  The full text of the proposed text is available here.The proposal is an attempt to address an issue created by the elimination of the 15-or-fewer clients exemption formerly found in Rule 260.204.9.  That rule was amended following the enactment of the Dodd-Frank Act in 2010.The obvious whole in the doughnut is that it appears to be of no benefit to … [Read more...] about California Commissioner of Business Oversight Ponders Whether To Exempt Real Estate Brokers From Investment Adviser Registration

"A limited liability company may have any lawful purpose, regardless of whether for profit, except the banking business, the business of issuing policies of insurance and assuming insurance risks, or the trust company business. A domestic or foreign limited liability company may render services that may be lawfully rendered only pursuant to a license, certificate, or registration authorized by the Business and Professions Code, the Chiropractic Act, the Osteopathic Act, or the Yacht and Ship Brokers Act, if the applicable provisions of the Business and Professions Code, the Chiropractic Act, the Osteopathic Act, or the Yacht and Ship Brokers Act authorize a limited liability company or foreign limited liability company to hold that license, certificate, or registration."The California Real Estate Law, which is part of the Business & Professions Code, presently allows only individuals and corporations to obtain a real estate brokers’ license.  This has proved to be a … [Read more...] about Senator Introduces Bill To Allow LLCs To Be Licensed As Real Estate Brokers

Individuals and corporations, but not limited liability companies, may be licensed as real estate brokers under the California Real Estate Law.  This is a result of a bargain reached when California’s enacted its first limited liability company law – the Beverly-Killea Act.  In order to overcome the objection of the California Trial Lawyers Association, the act proscribed LLCs from providing professional services that may be lawfully rendered only pursuant to a license, certification or registration authorized by the California Business & Professions Code. Over the years, the California legislature has enacted various exceptions to this wholesale proscriptions:Private cemeteries (SB 1225 (Harman), Stats. 2008, ch. 114)Contractors (SB 392 (Flores), Stats. 2009, ch. 698)Alarm companies (SB 1077 (Price), Stats. 2012, ch. 291)Private investigators (AB 1608 (Olson), Stats. 2014, ch. 669)In 2004 and 2006, Assembly Member Nicole Parra introduced bills (AB … [Read more...] about Beverly-Killea Act: Contractors Do It, PIs Do It; Why Not Real Estate Brokers?

Artistotle didn’t think much of the idea of paying interest: εὐλογώτατα μισεῖται ἡ ὀβολοστατικὴ διὰ τὸ ἀπ᾽ αὐτοῦ τοῦ νομίσματος εἶναι τὴν κτῆσιν καὶ οὐκ ἐφ᾽ ὅπερ ἐπορίσθη. μεταβολῆς γὰρ ἐγένετο χάριν,  ὁ δὲ τόκος αὐτὸ ποιεῖ πλέον … [Read more...] about California Court Explicates Scope of Usury Exemption For Real Estate Brokers

Does a seller of commercial real estate really need an attorney?  I get asked this question often, and the resounding answer is "yes!" Many sellers believe, possibly based on their experience in residential real estate transactions, that they can rely on the buyer's attorney, or a real estate broker, to "represent" them in a transaction.  Although it is common for the buyer's attorney to prepare the deed and other closing documents for the seller in a residential transaction, it is strongly recommended that commercial real estate sellers hire their own attorney.  A commercial real estate transaction involves many complicated steps, and if the seller engages an attorney early in the process, the attorney can help the seller to both avoid liability from unexpected issues and protect the seller's benefits from the sale. Listing the PropertyMany sellers will list their property with a real estate broker.  The broker will provide the seller with a Listing … [Read more...] about Commercial Real Estate Sellers: Hire Your Own Attorney!