Cliff Horner

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Product Description:

Detailed descriptions of broker responsibilities in both residential and commercial transactions in California. Fully covers the relationship between real estate brokers, salespersons and their clients in acquiring, selling, and leasing real property.

• Determine the scope of broker’s responsibilities and whether or not to take action
  
• Defending a broker in administrative and ADR proceedings and at trial
  
• Law of agency and contracts, including statutory and fiduciary duties
  
• Hiring and use of “standard of care” expert witnesses
  
• Resolving commission disputes
  
• Negotiating and modifying property listing agreements
  
• State regulation, licensing, and discipline of brokers and salespersons
  
• In-depth discussion of broker errors and omissions policies
  
• Analyze broker duties in short sales and loan modifications

Authors:

Leslie A. Baxter

Jeffrey H. Belote

Martha L. Caron

Clifford R. Horner

Lawrence H. Jacobson

Timothy R. Sullivan

Michele K. Trausch

Fredric W. Trester

Todd J. Wenzel

Alexander M. Weyand

Mary E. Work

Paula Reddish Zinnemann

CEB Attorney Editor

Kay F. Rubin

About the Authors:

LESLIE A. BAXTER, coauthor of chapter 3 (Agency: Broker Fiduciary and Statutory Duties), received her B.A. from the University of California, Berkeley, her M.P.A. from California State University, Hayward, and her J.D. from the University of California, Hastings College of the Law. Ms. Baxter is a partner at Randick, O'Dea & Tooliatos, LLP, Pleasanton, where she specializes in real estate litigation and land use matters.

JEFFREY H. BELOTE, coauthor of chapter 3 (Agency: Broker Fiduciary and Statutory Duties), received his B.A. from the University of Colorado, Boulder, and his J.D. from the University of San Francisco School of Law. He is a partner of Carroll, Burdick & McDonough LLP, San Francisco, where he is the co-chair of the Real Estate and Construction Litigation Practice Group. Mr. Belote lectured for several years in real estate law and real estate concepts in the Masters Program at Golden Gate University and guest lectured in banking law in the Masters Program. Mr. Belote has been a speaker for CEB, the National Business Institute, and the California Land Title Association.

MARTHA L. CARON, coauthor of chapter 11 (Litigation: Suing and Defending Brokers), author of chapter 12 (Trial Tactics and Strategies), and coauthor of chapter 13 (Standard of Care Experts), received her B.A. from Portland State University and her J.D. from the University of California, Davis, School of Law. Ms. Caron formerly served as general counsel of Coldwell Banker Residential Real Estate Services of Northern California and president of the Real Estate Sales and Brokerage Subsection of the State Bar Real Property Section. She practices as an attorney, real estate broker, expert witness, and ADR neutral at Caron & Associates, Oakland.

CLIFFORD R. HORNER, author of chapter 4 (Broker Liabilities to Principals and Third Parties), received his B.S. from California Polytechnic State University, San Luis Obispo, and his J.D. from the University of California, Hastings College of the Law. Mr. Horner specializes in real estate, broker, and business litigation at Horner & Singer, LLP, Walnut Creek.

LAWRENCE H. JACOBSON, coauthor of chapter 1 (Overview of Real Estate Brokerage), author of chapter 7 (Broker Compensation and Claims), and coauthor of chapter 13 (Standard of Care Experts), received his A.B. from the University of California, Los Angeles, and his J.D. from the University of California, Los Angeles, School of Law. Mr. Jacobson has a transactional practice in Beverly Hills with an emphasis on real estate and real estate brokerage matters, and he testifies frequently as an expert witness in these areas.

TIMOTHY R. SULLIVAN, author of chapter 10 (Broker Errors and Omissions Liability Insurance), received his B.A. and his J.D. from the University of Missouri. Mr. Sullivan is of counsel with McCormick, Barstow, Sheppard, Wayte & Carruth, LLP, Fresno, where he represents insurers, insureds, brokers, and salespersons in a variety of insurance-related matters, including bad faith and declaratory relief actions. Mr. Sullivan is also an author of insurance chapters in California Title Insurance Practice (2d ed Cal CEB 1997); California Construction Contracts, Defects, and Litigation (Cal CEB 2008); Office Leasing: Drafting and Negotiating the Lease (Cal CEB 1996); and California Real Property Sales Transactions (4th ed Cal CEB 2007). He is also a member of the State Bar Real Property Section Executive Committee.

MICHELE K. TRAUSCH, author of chapter 6 (Alternative Dispute Resolution), received her B.A. from California State University, Long Beach, magna cum laude, and her J.D. from Golden Gate University. Ms. Trausch specializes in real estate litigation at Hanson Bridgett LLP, San Francisco.

FREDRIC W. TRESTER, coauthor of chapter 11 (Litigation: Suing and Defending Brokers), received his B.A. from the University of Arizona and his J.D., cum laude, from Santa Clara University School of Law. Mr. Tresser is a partner of Manning & Mathey, Kass, Elfred, Ramirez LLP, Los Angeles, with an extensive practice in civil litigation and professional liability defense, specializing in architects, engineers, insurance agents, and brokers. He is also a speaker for CEB and the California Department of Real Estate.

TODD J. WENZEL, author of chapter 2 (Broker Contracts), chapter 5 (Principal's Duties, Liabilities, and Defenses), and Appendix B (Broker Checklist: Do's and Don'ts), received his B.A. from the University of California, Los Angeles, and his J.D. from the Southwestern University School of Law. Mr. Wenzel practices in real estate transactions and litigation at Ropers, Majeski, Kohn & Bentley, San Francisco. He is a member of the Real Property Section of the State Bar Association.

ALEXANDER M. WEYAND, coauthor of chapter 1 (Overview of Real Estate Brokerage) and chapter 3 (Agency: Broker Fiduciary and Statutory Duties), received his B.A. from the University of California, San Diego, and his J.D. from the University of California, Hastings College of the Law. Mr. Weyand is a shareholder of the Weyand Law Firm, San Francisco, specializing in real estate, technology, business, and environmental litigation.

MARY E. WORK, coauthor of chapter 8 (Regulation of Brokers) and chapter 9 (Disciplinary Procedures), received her B.A. from Loyola Marymount University and her J.D. from the Southwestern University School of Law. Ms. Work was formerly legal counsel with the California Department of Real Estate. She specializes in the areas of real estate license defense and real estate regulatory compliance. Ms. Work has offices in Manhattan Beach.

PAULA REDDISH ZINNEMANN, coauthor of chapter 8 (Regulation of Brokers) and chapter 9 (Disciplinary Procedures), received her J.D. from the University of West Los Angeles School of Law. Ms. Zinnemann is a past chairperson of the Real Property Section of the Los Angeles County Bar Association (LACBA) and past chairperson of the Real Estate Brokerage and Escrow Subsection of LACBA's Real Property Section. She specializes in real property law in Los Angeles.