The chief executive of CalBRE is the Real Estate Commissioner. The Real Estate Commissioner is nominated by the Governor. He or she must have been an active real estate broker for the last five of ten years. The Commissioner is responsible for regulating the California real estate market using statutory and administrative law.
The Real Estate Commissioner’s job includes:
protecting the financial interests of buyers, sellers, tenants, and professionals in the real estate market
creating or revoking administrative real estate policy and real estate laws
employing necessary personnel for the Department of Real Estate
overseeing the licensing process, including the issuing and revocation of real estate licenses
assisting in fraud prevention
establishing trust funds for victims of real estate licensee abuse
choosing the members of the Real Estate Advisory Commission
The Real Estate Advisory Commission is a panel of ten members appointed by the Commissioner whose purpose is to make recommendations on matters relating to real estate.
Although the Real Estate Commissioner is the authority over real estate law and real estate activities in the state, their power is not limitless. Residents have the ability to appeal certain regulations or statutes set forth by the Commissioner, if they are deemed unnecessary or overly burdensome.
The Commissioner also does not have the right to settle legal disputes; like other legal cases, only the court can determine a legal verdict. However, he or she does have the right to bring legal suit against a violator of real estate law on behalf of the people of California.
California real estate is interpreted by the Real Estate Commissioner, whose responsibilities range from interpreting to enforcing state codes and laws. As the highest authority of real estate law, the Commissioner’s job is to promote and protect ownership in the state. More broadly, the Commissioner’s responsibilities include implementing law, working with the legislature if necessary to pass and or amend new bills, and establishing legal precedents to protect consumers in court.
Case Review: Donaldson v. California Department of Real Estate (2006)
The case, Donaldson v. California Department of Real Estate (2006) 134 Cal.4th 948., involved a California real estate agent (Donaldson) who was charged with having sexual intercourse with a minor.
In response to these charges, the California Real Estate Commissioner filed a disciplinary action against Donaldson. He argued that Donaldson’s “moral turpitude” was in violation of Business and Professions Code Section 10177 and that it was unreasonable to expect that he could practice real estate in a moral manner. The Commissioner subsequently revoked Donaldson’s license.
Donaldson objected to the Commissioner’s decision and filed a lawsuit. The Superior Court ruled in favor of the Real Estate Commissioner. Donaldson appealed, and the case was taken to appellate court. The Court of Appeals stated that Donaldson’s personal actions, though unlawful, were not related to his professional conduct and it reversed the Superior Court’s ruling. This case set precedent for future lawsuits involving moral turpitude. The ruling meant that claims filed must be directly related to the agent’s profession, which in this case did not.
