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BUS 0292 - Legal Aspects of Real Estate

http://catalog.sierracollege.edu/course-outlines/bus-0292/

Catalog Description Advisory: Completion of BUS 290 with grade of "C" or better Hours: 54 lecture Description: Explores the practical aspects of California Law with a focus on its relevance to Real Estate and Real Estate Businesses. This includes involving all students in discussions on sources of law, government regulation, litigation process, dispute resolution alternatives, property ownership divisions, transfer, title, contracts, escrow, agency, disclosure duties and landlord/tenant relationships. Students will also consider common sources of liability risk related to common real estate transactions and how to manage them. This course is helpful to everyone with an interest in Real Estate related transactions, preparing for the Real Estate Licensing exam and is required for those intending to ultimately seek a Real Estate Broker’s License. (CSU) Course Student Learning Outcomes CSLO #1: Summarize common legal terminology and contractual clauses & documentation found in real estate practice. CSLO #2: Explain the common contractual principles and apply them to common relationships and roles in Real Estate; Analyze a real estate contract and make recommendations for improvements and organize basic data in a precise manner so that when incorporated into contracts, errors are eliminated. CSLO #3: Identify problems and develop solutions as they relate to common legal relationships related to real estate, including agency duties, fraud/misrepresentation and professional negligence. CSLO #4: Describe common contracts, legal requirements, regulations and standards of practice related to different roles and functions in California Real Estate. CSLO #5: Summarize concepts, functions and describe application of recording Title in Real Property, including those related to Deeds, Co-Ownership, Estates, Fees, Rights and Encumbrances and their relationship to different contracts and legal processes. Effective Term Fall 2025 Course Type Credit - Degree-applicable Contact Hours 54 Outside of Class Hours 108 Total Student Learning Hours 162 Course Objectives 1. Compare and contrast different sources of law affecting real estate ownership. 2. Distinguish among varying ownership interests, including liens and non-possessory, in real property for effective marketing and investment purposes. 3. Identify key elements of real estate contracts to recognize issues requiring professional legal counsel. 4. Evaluate acquisition of ownership interests. 5. Analyze the requirements to record and the priorities of competing ownership interests in terms of recording statutes. 6. Discuss responsibilities of licensed real estate professionals regarding the standard of client care. 7. Describe and Compare the rights and duties of landlords and their tenants. 8. Consider and summarize the effect of zoning regulations and land use restrictions to and on real estate transactions and/or ownership. General Education Information Approved College Associate Degree GE Applicability CSU GE Applicability (Recommended-requires CSU approval) Cal-GETC Applicability (Recommended - Requires External Approval) IGETC Applicability (Recommended-requires CSU/UC approval) Articulation Information CSU Transferable Methods of Evaluation Classroom Discussions Example: Students shall consider provided case studies and/or recent news reports related to real estate transactions and analyze them using the concepts from the course Module(s). (Online Discuss Board &/or In class discussion or debate). Essay Examinations Example: Describe and summarize the benefits of different ways of holding title (i.e. forms of ownership on title) as applied to give fact pattern. (Objective 4) Objective Examinations Example: Students will be given multiple choice quiz about zoning regulations. Sample Question: What does a landowner seek from the local government when they wish to legally make a non-conforming use of said real property, even though local zoning laws might generally restrict or prohibit that use? Ans: A Variance (Objective 8) Projects Example: Utilizing the standard IRAC (Issue, Rule of Law, Analysis, and Conclusion) methodology utilized in law schools, students shall analyze cases contained in the course text book and in supplemental materials, and submit written case briefs to the instructor for evaluation. (Objective 1) Skill Demonstrations Example: Given a specific fact pattern relating to defects identified in a physical inspection of a home by the seller’s real estate agent, students shall prepare and submit for instructor evaluation a CAR form property disclosure statement, identifying the defects in a narrative fashion. (Objective 3) Repeatable No Methods of Instruction Lecture/Discussion Distance Learning Lecture: Utilizing the standard IRAC (Issue, Rule of Law, Analysis, and Conclusion) methodology utilized in law schools, instructor shall, with student input, analyze cases contained in the course textbook and in supplemental materials, and demonstrate the proper method used to create written case briefs. (Objective 1) (A student may be allowed to provide their response to this assignment in an alternative or flexible manner or modus that best meets the needs and requirements of the student). Regularly use real-life situations to improve student comprehension and analysis of the standard of client care. (Objective 6) Distance Learning Pre-recorded lectures shall be provided that cover all the key concepts for the course that meet the lecture hours requirements for the same. Students shall research/locate and online or alternative resource (article, video, website, web link) that addresses a key concept from the course or otherwise provides clarification, example, application or other alternative description of that concept, then share the same to their class peers along with a brief description and summarization of the resource that focuses on that resources value as a quality source of the information provided. After providing their resource, each student shall then do a peer review or critique of another students share resource or post that focuses on a new concept or other effect that the resource had for their understanding of the underlying concept(s). (Students may provide their response to this assignment in alternative ways, formats or modus' that best meet the needs and requirements of the student). Typical Out of Class Assignments Reading Assignments 1. Selected Readings from text or other resources are assigned text in advance of class in preparation for lecture & classroom/online discussions. 2. Read case law and legal opinions as assigned by instructor in preparation for lecture & classroom/online discussions. 3. Sample: Read the case, Field v. Century 21 at page 212 of the textbook, and prepare a summary of the principle findings by the Court related to Fiduciary Duty of a Broker Agent utilizing the "briefing" format previously provided by the instructor; be prepared to discuss the legal justifications cited by the written decision in class and/or by discussion board. Writing, Problem Solving or Performance 1. Given the provided fact pattern, analyze the respective competing ownership claims of the parties involved using the format provided by the instructor in prior lectures. 2. Advise a prospective buyer about all pertinent facts available in the public record concerning a specific piece of property in Placer County through a written report. 3. Research Internet resources to determine the current status of personal liability for debts relating to non purchase money loans secured by residential real estate. Other (Term projects, research papers, portfolios, etc.) Required Materials California Real Estate Law Author: Huber, Tyler Publisher: Educational Textbook Company Publication Date: 2023 Text Edition: 9th Classic Textbook?: No OER Link: OER: Other materials and-or supplies required of students that contribute to the cost of the course.