Chapter 12

Penal Code (PC)

"grand theft" is used in relation to the theft of money, labor, real property, or personal property that exceeds $950; while "petty theft" includes the theft of certain farm crops or animals, as well as real property severed from land, when the value of such thievery is less than $950.

Commissioner has the authority and full power to perform the following actions:

1. If supported by the evidence obtained, to hold formal hearings to decide issues involving a licensee or a license applicant. (These hearings may result in the suspension, revocation, or denial of a real estate license.) 2. To issue Desist and Refrain Orders to stop activities that are in violation of the Real Estate Law or the Subdivided Lands Law. 3. To regulate and control the issuance and revocation, both temporary and permanent, of all licenses to be issued under the provisions of the California licensing law, and to perform all other acts and duties necessary for their enforcement. 4. To adopt, amend, or repeal such rules and regulations as are reasonably necessary for the enforcement of the provisions of this part. Keep in mind that any such rules and regulations must be adopted, amended, or repealed in accordance with the provisions of the Administrative Procedure Act. 5. To employ such deputies, clerks, and employees as he may need to discharge in proper manner the duties imposed upon him by law.

Civil Code (CC)

A real property sales contract, also known as a contract of sale or a land installment contract, is an agreement to convey title to land upon satisfaction of specified conditions set forth in the contract and which does not require conveyance within one year of formation of the contract.

CC 2985.2

A seller, without the buyer's consent, under an unrecorded contract of sale encumbers the land in an amount exceeding the present contract balance.

CC 2985.4:

Failure by the seller under a contract of sale to apply to those purposes pro rata tax and insurance payments received from the buyer.

Commingling or Conversion

If commingling or conversion of trust funds in excess of $10,000.00, then the court may issue an order that restrains. the licensee may not conduct business authorized under his real estate license until he receives a further order of the court, and providing that the hearing is held within 5 days after the order is given.

California's Corporations Code

Some of the activities that constitute crimes are related to the sale of securities

CC 2985.3:

While there is a payment due on an obligation secured by the land, a seller under a contract of sale appropriates a payment received from the buyer to any purpose except payment on that obligation.

cost for person violates

a fine up to a maximum of $10,000.00, or with up to 6 months' prison time

Advance Fees for a Loan Secured by Lien on Real Property

it is illegal for anyone to claim, demand, charge, receive, collect, or contract for an advance fee for EITHER: (a) soliciting lenders on behalf of borrowers or performing other services for borrowers in connection with any loan to be secured directly or collaterally by a lien on real property, before the borrower becomes obligated to complete the loan; OR (b)performing any other activities for which a license is required, unless the person is a licensed real estate broker and is acting in accordance with the law.

cost for corporation violates

punishable by a fine up to a maximum of $50,000.00

People v. Sipper

that the practice of law is not simply performing court appearances for another party, but that the larger definition of "to practice law" also includes giving legal advice and counsel and preparing legal instruments by which legal rights are secured

the California licensing laws make it clear that if there is a need to grant a preliminary injunction or temporary restraining order

the defendant must receive a minimum of 5 days' notice before either the injunction or restraining order is granted