Bonding Requirement is Void. Agents can now represent investors purchasing properties in foreclosure!
by Lance Churchill
The California Supreme Court on March 26, 2008, declined to review a Court of Appeals decision holding that the requirement that agents representing investor purchasers of foreclosures must be bonded for twice the amount of the transaction was vague and unenforceable. Schweitzer v. Westminster Investments (Ct Appeals 12/31/07). This now means that agents no longer need to be bonded and can represent investor purchasers and receive a commission as the selling agent. Agents, however, need to keep in mind that the other requirements of the law regarding equity purchases are still valid, such as the form of the contract to be used and the 5-day cancellation period. Also, although a nearly identical bonding requirement is contained in the Foreclosure Consultant’s law, the Court did not review any portion of that law in its decision. If you would like to learn more about this decision, please visit the link below.
To listen to Lance Churchill speak about this, you can visit this link.
