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General Information

Course ID (CB01A and CB01B)
RESTD052A
Course Title (CB02)
Legal Aspects of Real Estate
Course Credit Status
Credit - Degree Applicable
Effective Term
Fall 2023
Course Description
This course examines California real property laws with an emphasis on their practical application. Topics include the sources of real estate law, classes of property, fixtures, easements, estates or interest in real property, contracts of sale, covenants, conditions, and restrictions. This course is applied to the educational requirements of the California Real Estate Salesperson and Broker license examinations. See DRE.ca.gov for current license requirements.
Faculty Requirements
Course Family
Not Applicable

Course Justification

This CTE course serves as an elective, transferable to the CSU for Business majors. This course belongs on the Real Estate A.A. degree. This course qualifies as one of the statutory courses for anyone seeking to sit for the California Department of Real Estate license or brokers exam. It is one of the core courses of the program in that it covers the various legal and business issues of owning, renting, selling, and buying real property in California. It specifically addresses practical legal issues property owners and real estate professionals will encounter in the real estate industry in California.

Foothill Equivalency

Does the course have a Foothill equivalent?
Yes
Foothill Course ID
R E F052A

Course Philosophy

Formerly Statement

Course Development Options

Basic Skill Status (CB08)
Course is not a basic skills course.
Grade Options
  • Letter Grade
  • Pass/No Pass
Repeat Limit
0

Transferability & Gen. Ed. Options

Transferability
Transferable to CSU only

Units and Hours

Summary

Minimum Credit Units
4.0
Maximum Credit Units
4.0

Weekly Student Hours

TypeIn ClassOut of Class
Lecture Hours4.08.0
Laboratory Hours0.00.0

Course Student Hours

Course Duration (Weeks)
12.0
Hours per unit divisor
36.0
Course In-Class (Contact) Hours
Lecture
48.0
Laboratory
0.0
Total
48.0
Course Out-of-Class Hours
Lecture
96.0
Laboratory
0.0
NA
0.0
Total
96.0

Prerequisite(s)

Corequisite(s)

Advisory(ies)

  • ESL D272. and ESL D273., or ESL D472. and ESL D473., or eligibility for EWRT D001A or EWRT D01AH or ESL D005.
  • Elementary algebra or equivalent (or higher), or appropriate placement beyond elementary algebra

REST D050.

Limitation(s) on Enrollment

Entrance Skill(s)

General Course Statement(s)

Methods of Instruction

Lecture and visual aids

Discussion of assigned reading

Quiz and examination review performed in class

Homework and extended projects

Collaborative learning and small group exercises

Assignments

  1. Required reading from text
  2. Written homework assignments

Methods of Evaluation

  1. Objective examinations to evaluate mastery of key terms and concepts as well as application skills related to analysis and comprehension of the California real estate market from an agent and broker's legal perspective. The tests may include essay questions on course objectives. The exams will be designed with an eye toward the CA Dept of Real Estate License agent and broker exams and will cover the topics that are currently covered in the professional exam.
  2. Essay examinations to show comprehension and mastery of real estate legal issues the areas of licensing, financing, appraisal, deposit receipt and disclosure.
  3. Case analysis of current California real estate legal issues - written cases and/or class presentations on issues of holding title, regulatory issues for property owners, lenders and real estate professionals
  4. Comprehensive final exam to cover all major topics to show a broad understanding of real estate legal issues from a broker, agent, seller and buyer perspective with an eye toward the current license exam in California.

Essential Student Materials/Essential College Facilities

Essential Student Materials
  • None
Essential College Facilities
  • None

Examples of Primary Texts and References

-

Examples of Supporting Texts and References

None.

Learning Outcomes and Objectives

Course Objectives

  • Explain the basic workings of the legal system in California and the United States.
  • Identify, evaluate and compare the different types of real estate and agency contracts used in California.
  • Review, recognize, compare and contrast the different methods of taking title to real property in California.
  • Identify the primary legal issues involved in the transfer of title to real property.
  • Recognize and define the different types of tenancies in the rental of real property.
  • Recognize the primary legal issues involved in financing agreements.
  • Identify and explain the different encumbrances put on real property.
  • Identify and recognize the state and federal agencies that regulate the real estate industry.
  • Explain the licensing process for California real estate professionals.
  • Explain state and federal fair housing laws as applied to real estate (Per SB263)

CSLOs

  • Demonstrate a knowledge of the basic workings of the legal system in California and the United States as it applies to California real estate and demonstrate a knowledge of the various types of listing agreements.

  • Explain and evaluate the real estate licensing process and the administrative agencies that regulate the California real estate industry.

  • Explain and evaluate the different forms of holding title to real estate in California and risks/returns therein.

Outline

  1. Explain the basic workings of the legal system in California and the United States.
    1. California and federal court systems
    2. California and federal statute sources - regulatory/administrative agencies
    3. Jurisdiction
    4. Law and equity
  2. Identify, evaluate and compare the different types of real estate and agency contracts used in California.
    1. Essentials of a valid contract
    2. Listing agreements
    3. Liquidated damages
    4. Offer/Counteroffer
    5. Agency concerns
      1. Brokers/Finders
      2. Civil rights
    6. Elements of an option
  3. Review, recognize, compare and contrast the different methods of taking title to real property in California.
    1. Real vs. personal property
    2. Tests for ownership
    3. Title methods
    4. Methods of joint ownership
    5. Future interests, revisions, remainders
    6. Estate planning concerns
  4. Identify the primary legal issues involved in the transfer of title to real property.
    1. Instruments of transfer
    2. Express/Implied warranties
    3. Requirements of a valid deed
    4. Recording system
    5. Homesteads/Exemptions
    6. Probate considerations
  5. Recognize and define the different types of tenancies in the rental of real property.
    1. Leasehold estates
    2. Statute of frauds considerations in leases
    3. Summary eviction
    4. Doctrine of retaliatory eviction
    5. Mobile home residency law
  6. Recognize the primary legal issues involved in financing agreements.
    1. Elements of a real property security agreement
    2. Mortgages versus the deed of trust
    3. Foreclosure
    4. Deficiency judgments
    5. Usury
    6. Bankruptcy
  7. Identify and explain the different encumbrances put on real property.
    1. Non-money encumbrances
      1. Easements
      2. Life estates
      3. Covenants, conditions and restrictions
    2. Liens
      1. Voluntary
      2. Involuntary
  8. Identify and recognize the state and federal agencies that regulate the real estate industry.
    1. California Bureau of Real Estate
    2. Federal Trade Commission
    3. Regulation Z, Truth in Lending Act
    4. Local Codes and Ordinances
  9. Explain the licensing process for California real estate professionals.
    1. Sales License
    2. Broker License
    3. Appraisal License
    4. Lending Institutions
  10. Explain state and federal fair housing laws as applied to real estate (Per SB263) 
    1. Consumer perspective
    2. Real estate professional perspective
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