California agents have not been able to represent investors on properties which there is a notice of default filed because the law stated that buyer's agents needed to be bonded. The issue is that the bond didn't exist. Below is information from the California Association of Realtors legal department with the latest news on this subject!C.A.R.'s Member Legal Services team has published a revised legal article, "Notice of Default and Investor-Buyer Transactions: Home Equity Sales Contracts," which has been revised to reflect the holding in the case, Schweitzer v. Westminster Investments, 157 Cal. App. 4th 1195 (2007), review denied March 26, 2008.
The Fourth District Court of Appeal held that the bond requirement under Civil Code Section 1695.17 for an equity purchaser's representative is "void for vagueness under the due process clause and may not be enforced." The California Supreme Court has declined to review this case which means that the bond requirement has been eliminated from the Home Equity Sales Contract Law.
This article can be found on the What's New and Legal Articles pages of the Legal section on C.A.R. Online (www.car.org).
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