Cheat sheet
California Real Estate Broker Cheat Sheet
Property Ownership + Land Use
- 15% of exam
- Estates + Vesting Encumbrances + Liens Land Use Controls California Property Taxes Property Tax Dates
Laws of Agency + Fiduciary Duties
- 17% of exam
- Agency Types + Creation Fiduciary Duties Agency Disclosure Timing Fiduciary vs Third-Party Duty
Valuation + Financial Analysis
- 14% of exam
- Valuation Formulas Principles of Value Depreciation + Obsolescence Value Approach Picker
Financing
- 9% of exam
- Loan Instruments + Clauses Financing + Credit Laws Loan Types + Programs Foreclosure Path
Transfer of Property
- 8% of exam
- Deeds + Title Escrow + Closing Grant vs Quitclaim CLTA vs ALTA
Practice + Mandated Disclosures
- 25% of exam
- Trust Fund Rules Trust Fund Destination Supervision + Office Rules Advertising + Identification Fair Housing Laws Property Management + Rentals DRE Discipline + Recovery Which Disclosure
Contracts
- 12% of exam
- Contract Essentials + Status Listing + Compensation Rules Purchase Contract Rules Listing Agreement Picker
Quick Facts
- Exam CA DRE Broker
- Questions 200 multiple choice
- Time 4 hours
- Pass 75% = 150/200
- Choices Four per question
- Exam fee $150 (re-exam $150)
- License fee $450 original broker license
- Pass rate 47% FY 2025-26
- Education 8 courses, 360 hours
- Experience 2 years salesperson
- Blueprint RE 425 Rev. 6/25
- Score report Only failures get scores
Property Tax Dates OW
- No Darn Fooling Around: Nov, Dec, Feb, Apr
- Nov 1: first installment due Dec 10: first delinquent Feb 1: second installment due Apr 10: second delinquent
Lands Act vs Map Act OW
Subdivided Lands Act
- DRE administers
- Public report required
- Protects buyers
Subdivision Map Act
- City or county
- Tentative and final maps
- Physical design
- Selling versus dividing
Estates + Vesting OW
- Fee simple Most complete ownership
- Life estate Ends at measuring life
- Severalty Sole owner
- Joint tenancy Equal shares, survivorship
- Tenancy in common Unequal shares, heirs inherit
- Community property Spouses, equal halves
- CP with survivorship Avoids probate CA
- Tenancy in partnership Partners hold business realty
- Leasehold Possession without ownership
Joint Tenancy Unities OW
- PITT: possession, interest, time, title
- Possession: equal right Interest: equal share Time: same moment Title: same document
Joint Tenancy vs Community Property OW
Joint tenancy
- Four unities required
- Right of survivorship
- Any two people
Community property
- Spouses only
- Equal halves
- Half is willable
- Survivorship versus spousal share
Encumbrances + Liens OW
- Easement appurtenant Runs with the land
- Easement in gross Personal, no dominant tenement
- Encroachment Unauthorized physical intrusion
- License Revocable personal permission
- CC&Rs Private deed restrictions
- Mechanic's lien Unpaid labor or materials
- Lis pendens Notice of pending lawsuit
- Judgment lien Recorded abstract, 10 years
- Homestead $300k-$600k base, indexed
Land Use Controls OW
- Police power Zoning, no compensation owed
- Eminent domain Taking with just compensation
- Escheat No heirs, state takes
- Variance Exception to zoning
- Conditional use permit Special use allowed
- Nonconforming use Legal before zoning changed
- Downzoning Reduces permitted intensity
- CEQA Environmental impact review
- Subdivided Lands Act DRE public report
- Subdivision Map Act Local map approval
- Williamson Act Farmland tax relief
- Coastal Commission Coastal development permits
California Property Taxes OW
- Proposition 13 1% base, 2% cap
- Reassessment Sale or new construction
- Proposition 19 Base transfer for seniors
- Supplemental bill Follows a reassessment
- Homeowner exemption $7,000 assessed reduction
- Lien date January 1 yearly
- Installments due November 1, February 1
- Delinquent after December 10, April 10
- Documentary transfer tax $0.55 per $500
- Mello-Roos CFD special tax
- 1915 Bond Act Assessment district bonds
Fiduciary Duties AG
- OLDCAR: obedience, loyalty, disclosure, confidentiality, accounting, care
- O: obedience L: loyalty D: disclosure C: confidentiality A: accounting R: reasonable care
Fiduciary vs Third-Party Duty AG
To your principal
- Utmost care, loyalty
- Confidentiality
- Full disclosure
To other party
- Honesty, fair dealing
- Disclose material facts
- No loyalty owed
- Loyalty only to client
Agency Types + Creation AG
- Special agent One deal, limited authority
- General agent Ongoing, property manager
- Universal agent Broad power of attorney
- Express agency Stated written agreement
- Ratification Approved after the act
- Estoppel Conduct implies authority
- Ostensible agency Principal's conduct creates it
- Coupled with interest Principal cannot revoke
- Subagent Serves the same principal
Agency Three Steps AG
- Disclose, Elect, Confirm
- Disclose: deliver the form Elect: choose the role Confirm: state in contract
Fiduciary Duties AG
- Obedience Follow lawful instructions
- Loyalty Client interest first
- Disclosure Reveal all material facts
- Confidentiality Protect bargaining position
- Accounting Track funds and documents
- Reasonable care Competent, diligent service
- Third-party duty Honesty and fair dealing
- Visual inspection 1-4 units, accessible areas
- Inspection suit limit 2 years from possession
- Secret profit Undisclosed extra compensation
Agency Disclosure Timing AG
- Listing agent Before signing listing agreement
- Buyer's agent Before buyer signs offer
- Seller's copy Before presenting the offer
- Confirmation In or with contract
- Property scope Residential and commercial
- Leases covered Longer than one year
- Dual agency Written consent from both
- Price confidentiality Never reveal without permission
- Buyer agreement deadline By offer execution
Elements of Value VA
- DUST: demand, utility, scarcity, transferability
- Demand: buyers want it Utility: serves a purpose Scarcity: limited supply Transferability: title can pass
Cap Rate vs GRM VA
Cap rate
- Uses net income
- Value = NOI/rate
- Expense sensitive
GRM
- Uses gross rent
- Price / rent
- Ignores expenses
- Net versus gross
Value Approach Picker VA
- Income producing property → Income approach ( Capitalize NOI )
- New or special purpose → Cost approach ( Land added separately )
- Single-family resale → Sales comparison ( Adjust the comparables )
- Fast rent screen → Gross rent multiplier ( Ignores expenses )
- Vacant land → Sales comparison ( Highest and best use )
- Insurance replacement value → Cost approach ( Excludes the land )
Valuation Formulas VA
- Cap rate NOI / value
- Value NOI / cap rate
- NOI Effective income - expenses
- Effective gross income Gross income - vacancy
- GRM Price / monthly rent
- GIM Price / annual income
- Cost approach Cost - depreciation + land
- Age-life depreciation Effective age / economic life
- Equity Value less liens
- Commission Price x rate
- Seller net Price less costs, loans
- Profit percent Gain / original cost
Highest and Best Use VA
- Legal, physical, feasible, most productive
- Legally permissible Physically possible Financially feasible Maximally productive
Principles of Value VA
- Substitution Cheapest equivalent sets value
- Conformity Similar uses maximize value
- Progression Better neighbors raise value
- Regression Worse neighbors lower value
- Contribution Value an improvement adds
- Anticipation Future benefits drive value
- Highest and best use Greatest net land return
- Plottage Assemblage adds value
- Change Value is never static
- Supply and demand Scarcity lifts price
Depreciation + Obsolescence VA
- Physical deterioration Wear, age, damage
- Functional obsolescence Bad layout or design
- External obsolescence Off-site cause, incurable
- Curable Cost less than gain
- Incurable Fix costs exceed benefit
- Effective age Condition, not actual age
- Economic life Years improvement adds value
- Accrued depreciation Total loss from new
Trust Deed vs Mortgage FI
Deed of trust
- Three parties
- Power of sale
- No post-sale redemption
Mortgage
- Two parties
- Judicial foreclosure
- Redemption allowed
- Trustee versus court
Foreclosure Path FI
- Deed of trust default → Trustee's sale ( Nonjudicial and faster )
- Notice of default recorded → 3-month reinstatement ( Cure stops the sale )
- Notice of sale given → 20 days minimum ( Published, posted, mailed )
- Five days before sale → Reinstatement ends ( Full payoff still works )
- Lender wants deficiency → Judicial foreclosure ( Court supervised )
- After judicial sale → Redemption period ( 3 months or year )
Loan Instruments + Clauses FI
- Promissory note Evidence of the debt
- Deed of trust Trustor, trustee, beneficiary
- Mortgage Two parties, judicial foreclosure
- Hypothecation Pledge, keep possession
- Acceleration clause Whole balance due now
- Alienation clause Due on sale
- Subordination Lien accepts junior position
- Assumption Buyer takes personal liability
- Subject to No buyer liability
- Novation New party replaces old
- Reconveyance Trustee clears paid loan
- Prepayment penalty Charge for early payoff
Financing + Credit Laws FI
- TILA / Reg Z Discloses cost of credit
- Loan Estimate Within 3 business days
- Closing Disclosure 3 days before signing
- Rescission right 3 days, refinance only
- RESPA Settlement services, no kickbacks
- ECOA No credit discrimination
- MLDS Broker disclosure, 3 days
- Article 7 reach First <$30k, junior <$20k
- Article 7 commission 5%, 10%, or 15%
- Article 7 costs 5% or $390, $700 cap
- Usury limit 10% for nonexempt lenders
- Seller carryback Financing disclosure required
Loan Types + Programs FI
- Conventional No government backing
- FHA Insured, low down payment
- VA Guaranteed for veterans
- CalVet State buys, resells veteran
- CalHFA First-time buyer assistance
- ARM Index plus margin adjusts
- LTV Loan / value ratio
- PMI Conventional low-down insurance
- Hard money Private equity-based loan
- AITD Wraparound seller financing
- Blanket loan Many parcels, release clause
- Impound account Taxes and insurance reserve
Grant vs Quitclaim TR
Grant deed
- Two implied warranties
- No prior conveyance
- No hidden encumbrances
Quitclaim deed
- No warranties at all
- Releases what exists
- Clears clouds
- Warranty versus release
Deeds + Title TR
- Grant deed Two implied warranties
- Quitclaim deed Releases interest, no warranty
- Trustee's deed Issued after trustee's sale
- Sheriff's deed Issued after judicial sale
- Gift deed Love and affection
- Valid deed Written, signed, delivered, accepted
- Acknowledgment Notarized, needed to record
- Recording Constructive notice to all
- Chain of title Successive ownership record
- Cloud on title Claim clouding ownership
- CLTA Standard, record plus forgery
- ALTA Extended, adds physical risks
CLTA vs ALTA TR
CLTA standard
- Matters of record
- Forgery, incompetence
- No survey
ALTA extended
- Adds physical inspection
- Parties in possession
- Unrecorded easements
- Record versus off-record
Escrow + Closing TR
- Escrow Neutral dual agent
- Valid escrow Binding contract, conditional delivery
- Escrow licensing DFPI licenses escrow companies
- Broker exemption Own transactions only
- Proration 360-day banker's year
- Buyer debits Price and loan costs
- Seller credits Price, prepaid taxes
- FIRPTA 15% foreign seller withholding
- CA withholding 3 1/3% of price
- Withholding exemption Price $100,000 or less
- Escrow complete All conditions satisfied
Trust Fund Numbers PR
- 3 days in, $200 rest, 25 days out
- 3 business days to deposit $200 broker funds allowed 25 days to take commission Reconcile every month
Commingling vs Conversion PR
Commingling
- Mixing funds together
- Records may exist
- B&P 10176(e)
Conversion
- Spending client money
- Misappropriation
- Revocation likely
- Mixing versus taking
Trust Fund Destination PR
- Broker receives buyer deposit → Trust account ( Within 3 business days )
- Principal wants funds back → Hand to owner ( Same 3-day limit )
- Transaction opens escrow → Neutral escrow depository ( Also compliant )
- Salesperson accepts check → Give broker immediately ( No 3-day window )
- Buyer says hold check → Keep it uncashed ( Written instruction, disclose )
- Broker's own money → $200 maximum ( Service charges only )
- Commission fully earned → Withdraw in 25 days ( Longer is commingling )
- Disbursement causes shortage → Get written consent ( From every owner )
Trust Fund Rules PR
- Deposit deadline 3 business days Key
- Three destinations Owner, escrow, trust account
- Salesperson receipt Give broker immediately
- Broker's own funds $200 for service charges
- Earned commission Withdraw within 25 days
- Reconciliation At least once monthly
- Beneficiary record Separate record per principal
- Signatory bond Unlicensed signer must bond
- Shortage consent Written consent every owner
- Interest earned Belongs to the owner
- Record retention 3 years from closing
- Uncashed check Written instruction, disclose it
Broker vs Salesperson Exam PR
Broker exam
- 200 questions
- 4 hours
- 75% to pass
Salesperson exam
- 150 questions
- 3 hours
- 70% to pass
- Longer and stricter
Which Disclosure PR
- Selling 1-4 units → Transfer Disclosure Statement ( Cannot be waived )
- Property in mapped zone → Natural Hazard Disclosure ( Six statutory zones )
- Built before 1978 → Lead paint disclosure ( 10-day inspection right )
- Inside a CFD → Mello-Roos notice ( Good faith effort )
- Buyer asks about offenders → Megan's Law notice ( No duty to research )
- Seller carries the note → Seller financing disclosure ( 1-4 residential units )
- Taking a listing → Agency disclosure form ( Before signing listing )
- Death occurred on property → Disclose for 3 years ( Not AIDS-related deaths )
Supervision + Office Rules PR
- Regulation 2725 Written supervision policies
- Regulation 2726 Broker-salesperson written agreement
- Responsible broker Cannot delegate final responsibility
- Branch office License each added location
- Address change Report next business day
- Designated officer Corporation's licensed broker
- Salesperson license Held under employing broker
- Independent contractor Still fully supervised
- Unlicensed assistant No soliciting or negotiating
Advertising + Identification PR
- License ID number Required on solicitations
- NMLS ID Required for loan activity
- Blind ad Hides licensee status
- Fictitious name Register DBA with DRE
- Team name Broker name must appear
- First contact Identify yourself as licensee
- Electronic ads Same rules as print
- False advertising Grounds for discipline
Fair Housing Laws PR
- Federal Fair Housing Seven protected classes
- FEHA Broader California protections
- Unruh Act Business establishments, all customers
- Holden Act Bans lender redlining
- Blockbusting Panic selling for profit
- Steering Channeling by protected class
- Redlining Denying loans by area
- Source of income Includes housing vouchers
- ADA Public accommodation access
Property Management + Rentals PR
- Manager license Broker license managing others
- Resident manager Required at 16 units
- Security deposit One month's rent maximum
- Small landlord Two months, narrow exception
- Deposit return Within 21 days
- AB 1482 cap 5% plus CPI, 10% max
- Just cause After 12 months occupancy
- Entry notice 24 hours written notice
- Nonpayment notice 3-day notice to pay
- Termination notice 30 or 60 days
DRE Discipline + Recovery PR
- B&P 10176 Violations during licensed activity
- B&P 10177 Grounds outside transactions
- Desist and refrain Order stopping conduct
- Restricted license Conditional, probation terms
- Suspension Temporary license loss
- Revocation License permanently taken
- Recovery Account $50,000 per transaction
- Aggregate cap $250,000 per licensee
- Automatic suspension Until fund repaid, interest
- Renewal cycle 4 years, 45 hours
Exclusive Right vs Exclusive Agency CO
Exclusive right to sell
- Broker always paid
- Owner sale included
- Most protective
Exclusive agency
- Owner sale exempt
- One broker only
- Commission at risk
- Owner sale decides
Listing Agreement Picker CO
- Seller wants full effort → Exclusive right to sell ( Paid regardless of seller )
- Seller may sell alone → Exclusive agency ( Owner sale pays nothing )
- Several brokers competing → Open listing ( Procuring cause paid )
- Broker keeps excess price → Net listing ( Disclose before approval )
- Representing a buyer → Buyer representation agreement ( Three months maximum )
- Any exclusive listing → Add termination date ( Omission risks discipline )
Contract Essentials + Status CO
- Valid contract Capacity, consent, object, consideration
- Void No legal effect ever
- Voidable One party may cancel
- Unenforceable Valid but not provable
- Bilateral Promise for a promise
- Unilateral Promise for performance
- Executory Not yet fully performed
- Statute of frauds Must be in writing
- Written action limit 4 years to sue
- Oral action limit 2 years to sue
- Assignment Rights pass, liability remains
- Counteroffer Rejects and replaces offer
Listing + Compensation Rules CO
- Exclusive right to sell Broker paid regardless
- Exclusive agency Owner sale avoids commission
- Open listing Procuring cause is paid
- Net listing Excess becomes broker's fee
- Termination date Required in exclusive listings
- Safety clause Protects post-expiration sales
- Procuring cause Uninterrupted effort producing buyer
- Buyer agreement term Three months maximum
- Entity buyers Exempt from month cap
- Commission source Only employing broker pays
Purchase Contract Rules CO
- Liquidated damages 3% presumed reasonable
- Separate initials Required for damages clause
- Contingency period 17 days, form default
- Option Unilateral, consideration required
- Option holder No equitable title yet
- Advance fee DRE review, 10 days
- Advance fee money Treated as trust funds
- Acceptance Communicated to be binding
- Time is essential Deadlines strictly enforced
Common Traps
Commingling vs conversion
- Commingling mixes funds ≠ Conversion spends them
Passing score differs
- Broker needs 75% ≠ Salesperson needs 70%
Deposit timing
- Broker gets 3 days ≠ Salesperson delivers immediately
Which property adjusts
- Comparables get adjusted ≠ Subject is never adjusted
Cap rate direction
- Higher rate, lower value ≠ Lower rate, higher value
Who approves subdivisions
- Map Act is local ≠ Lands Act is DRE
Who licenses appraisers
- BREA licenses appraisers ≠ DRE licenses brokers
Mello-Roos and Proposition 13
- Proposition 13 caps 1% ≠ Mello-Roos adds more
Reinstatement window
- Ends 5 days early ≠ Payoff lasts until sale
Article 7 thresholds
- First deeds under $30,000 ≠ Junior liens under $20,000
Exam is qualifying only
- Failing candidates see scores ≠ Passing candidates see none
Last Minute
- 1. Broker exam: 200 questions, 4 hours
- 2. Passing score is 75 percent
- 3. Practice + disclosures is 25%
- 4. Agency 17%, ownership 15%, valuation 14%
- 5. Trust funds: deposit within 3 days
- 6. Broker may leave $200 only
- 7. Reconcile trust account every month
- 8. Keep transaction records 3 years
- 9. Value = NOI / cap rate
- 10. GRM uses gross rent only
- 11. Adjust comparables, never the subject
- 12. Grant deed carries two warranties
- 13. Transfer tax: $1.10 per $1,000
- 14. Recovery Account pays $50,000 maximum
- 15. Buyer agreements cap at 3 months
- 16. Exclusive listings need termination dates
California Real Estate Broker
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