Can an attorney act as a real estate broker in California?

Asked By: Xiuqin Maitena | Last Updated: 15th January, 2020
Category: real estate real estate buying and selling
4.7/5 (303 Views . 34 Votes)
Although licensed attorneys in California can broker a real estate transaction under California's Business & Professions Code section 10133, a real estate broker cannot under Bureau of Real Estate regulations split a commission with such an attorney if he or she is not a real estate licensee.

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Beside this, can a lawyer be a real estate broker in California?

If you are an attorney who is a member of the California State Bar in good standing, you are exempt from some of the requirements to become a licensed real estate salesperson or real estate broker. However, you must still take and pass the relevant exam to become a salesperson or broker.

Subsequently, question is, what is the difference between a real estate agent and a broker? A real estate agent is anyone who has earned a real estate license. A real estate broker is an agent who has also passed their broker license exam. The primary difference between a real estate agent and broker is that a broker can own a real estate firm or hire agents to work for them.

Similarly, you may ask, can an attorney also be a real estate agent?

If you talk to some lawyers, they might say you should hire a lawyer and not a real estate agent because a lawyer can provide both services. The trouble with that idea is few lawyers professionally sell real estate. On the other hand, real estate agents are not licensed to provide legal advice.

How do you become a real estate broker in California?

7 Steps to Becoming a Real Estate Broker in California

  1. Meet the Minimum License Requirements.
  2. Gain Real Estate Experience.
  3. Complete Eight College-Level Broker Courses.
  4. Get Fingerprinted If You Haven't Already.
  5. Submit the Combo Exam/Licensing Application and Fees.
  6. Schedule Your Exam.
  7. Pass the Real Estate Broker Exam.

38 Related Question Answers Found

Is the California real estate exam hard?

Real estate exams can be difficult to pass, but with proper preparation, you'll be on your way to passing and earning your real estate license. Read on to learn about the four exam-prep steps you should take in order to ace your test.

What does a broker do?

A broker is an individual or firm that charges a fee or commission for executing buy and sell orders submitted by an investor. A broker also refers to the role of a firm when it acts as an agent for a customer and charges the customer a commission for its services.

How do you get a broker license?

Real Estate Broker General Requirements
  1. Be 18 years of age.
  2. High school diploma or equivalent.
  3. 2 to 4 years of experience as a practicing salesperson.
  4. Complete the required broker education.
  5. Take and pass the broker licensing exam.
  6. Complete the broker license application and pay the required fee.

What is on the California real estate exam?

Broadly speaking, the salesperson exam is designed to test your knowledge of real estate practices, regulations, and laws in California. This includes economic, financial, political, ethical and legal principles. You know, all the stuff you learned in your DRE-approved real estate courses.

How much do real estate brokers make in California?


The salaries of a real estate agent in California typically range between $10,400 and $124,440. We wrote an article which covers in depth about the career outlook in becoming a real estate agent in California.

How long does it take to get your broker's license in California?

It takes between five and six months to get California real estate license. You would need to complete 135 hours of Pre-Licensing courses, find a sponsoring broker, complete the application process, and take the California real estate license exam.

What is Property Brokerage?

A real estate broker works to negotiate and arrange real estate transactions. This licensed individual has daily duties that include writing contracts and overseeing transactions for sales and purchasing activities on homes, land and commercial properties.

How much does a real estate attorney charge?

You can expect to pay between $150 and $350 an hour for a real estate attorney. However, there are also typically representatives who will charge a flat fee for a service like preparing documents of sale or reviewing a contract. When working with a lawyer, you are in control.

Can I sue my real estate agent?


Lawsuits against real estate agents may be based on a number of different claims. Such claims may include allegations of misrepresentation, negligence, lack of disclosure, secret profits, conflict of interest, etc. If agents breach their duties, through negligence or other breach, they can be liable for damages.

What states require a lawyer for real estate transactions?

These states require the presence of lawyers during real estate closings: Alabama, Connecticut, Delaware, District of Columbia, Georgia, Kansas, Kentucky, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Dakota, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, and

What do real estate lawyers look for?

Here are some tips on choosing the real estate lawyer for you to work with:
  • Choose a real estate lawyer.
  • Experience matters.
  • Choose an honest lawyer.
  • Contact the Bar association.
  • Lawyers can do what real estate agents can`t.
  • Examine lawyer reviews.
  • Don't call a lawyer too late.

Why do I need a real estate attorney?

Real estate attorneys are lawyers trained to address the legal issues surrounding property interactions. Among the documents real estate attorneys typically handle are purchase agreements, mortgage documents, title documents and transfer documents. In some cases, they help individual homebuyers close on houses.

What can a real estate attorney do for you?

A real estate attorney is equipped to prepare and review documents relating to real estate such as purchase agreements, mortgage documents, title documents, and transfer documents. A real estate attorney may also provide legal representation for either a buyer or a seller when a dispute winds up in a courtroom.

How do I hire a real estate attorney?


Steps
  1. Start searching for a real estate attorney early.
  2. Select an attorney with whom you already have a relationship.
  3. Contact the bar association in your state.
  4. Ask for a recommendation from friends, family members, or colleagues.
  5. Examine lawyer review websites.
  6. Search online for local real estate lawyers.

How do you become a real estate attorney?

To become a Real Estate Lawyers one must complete a Bachelor's degree, pass the Law School Admission Test, complete a 3-year graduate program at a law school accredited by the American Bar Association and pass the bar examination in the state where they will practice.

What fees does the seller of a house pay?

The real estate commission is usually the biggest fee a seller pays — 5 percent to 6 percent of the sale price. So, if you sell your house for $250,000, you could end up paying $15,000 in commissions. The commission is split between the seller's real estate agent and the buyer's agent.