All Businesses Are Regulated
In one form or another all businesses are regulated by Federal, State, or local jurisdictions. The regulatory impact on a business can be as simple obtaining a business license or they can be as complex as multi-state multi-licensed and registered layered entities that file quarterly or annual reports and follow guidelines set by various regulators.
Strategic Business Alliance
As part of our regulatory practice we are often asked to provide guidance on strategic business alliances and their potential impact on licenses of two or more businesses regulated by different government agencies in the real estate industry. The strategic alliances often take the form of a Marketing Services Agreement (“MSA”), Joint-Venture (“JV”), or Affiliated Business Arrangement (“AFBA”), or Underwritten Title Companies ("UTC").
Working with Regulators
We have extensive experience working with several federal and state regulators such as the United States Department of Housing and Urban Development (“HUD”), the Consumer Financial Protection Bureau (“CFPB”), the California Department of Insurance (“DOI”), the California Bureau of Real Estate (“BRE”), the California Department of Business Oversight (“DBO”) and many other State, County and City government agencies.
Most regulators have jurisdiction over a license. The following are common licensing matters:
Underwritten Title Company (UTC) & Controlled Escrow
Formation, Licensing, Filings, discipline, and representation of applicants and licensees with the California Department of Insurance that serves as the Regulators of Underwritten Title Insurance Companies and Controlled Escrow.
Home Protection / Home Warranty
Formation, Licensing, Filings, discipline, and representation of applicants/registrants and licensees nationally with the various regulators.
Filing, Renewing, Exempting, Uniform Franchise Offering Circular (UFOC), Registration, and representation of licensees with the California Department of Business Oversight that serves as the Regulators of Franchisors.
Real Estate Brokerage, Mortgage, Property Management & Broker Escrow
Formation, Licensing, Changes, Discipline, and representation of licensees for Inquiries of Corporate, Broker, and Sales Associates licensed by the California Bureau of Real Estate that serves as the Regulators of Real Estate Brokerages, Mortgage, Property Management and Broker Escrow operations.
Independent Escrow Agents
Formation, Licensing, Discipline, and representation of Licensees with the Department of Business Oversight.
Formation, Licensing, Changes, Discipline, and representation of licensees with the California Department of Consumer Affairs Contractors State Licensing Board ("CSLB").