Date Prepared: Fall 2000 Date Reviewed: Date Reviewed: PCA Established: Fall 2000
ALLAN HANCOCK COLLEGE COURSE OUTLINE DEPARTMENT: PREFIX & NO.: CATALOG TITLE: SCHEDULE TITLE: UNITS: BUSINESS RE 302 Legal Aspects of Real Estate Legal Aspects of Real Estate 3 3
WEEKLY LECTURE HOURS: WEEKLY LAB HOURS:
TOTAL NUMBER OF WEEKS: (if other than 16) GRADING OPTION: PREREQUISITE: ADVISORY: Credit/No Credit Option RE 100 Eligibility for English 101 or English 301 or concurrent enrollment in English 300 is strongly recommended. Eligibility for Math 331 or successful completion of Math 300 or Math 311 us strongly recommended.
CATALOG DESCRIPTION A study of California real estate law affecting property ownership and management; contract, real estate transfers, probate proceedings, trust deeds, and foreclosure, as well as recent legislation governing real estate transactions. Applies toward California educational requirements for broker’s examination. SCHEDULE DESCRIPTION California real estate law affecting property ownership and management; contract, real estate transfers, probate proceedings, trust deeds, and foreclosures. Includes review of recent legislation governing transactions. COURSE GOALS: To encourage and enable students to 1. become familiar with the basic concepts of California as applied to real property. 2. understand the various types of legal contracts affecting real property. 3. become knowledgeable about California real property laws and the significance of court decisions in modifying and changing these laws. INSTRUCTIONAL OBJECTIVES: At the end of the course, the student will demonstrate the ability to 1. define the requirements of a valid contract as it relates to real property. 2. compare the types of real property ownership. 3. define and agency relationship and explain the various forms of agency agreements, fiduciary duty and authority of the agent. 4. compare the legal ramifications of financing instruments, escrow instruments, deposit receipts, listing agreements and lease agreements. 5. describe and compare the different rights which can be held in real property.
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COURSE OUTLINE 1. Sources of law and land titles 2. Contracts in general 3. Real estate contracts and their use 4. Law of agency 5. Duties and liabilities of licenses 6. Acuisitions, conveyance and escrow 7. Ownership forms and implications 8. Creation and enforcement of security devices 9. Involuntary liens 10. Involuntary liens 11. Limitation on use, tax burden 12. Land use, description, investment regulation 13. Adjoining owner problems 14. Lease and landlord tenant relationships APPROPRIATE READINGS (Other than Textbook) 1. 2. 3. 4. California Real Estate Reference Book Real Estate Law and Regulations Revised California Real Property Law Current law of California Real Estate
WEEKS 1 1.5 1 1.5 .5 2 1 2 1 1 1 1 1
ASSIGNMENTS Case studies are assigned which require the student to analyze and evaluate the facts presented and to draw conclusions based on those facts in relation to the legal principles presented in the course. Based upon the facts of one case, students are required to: Prepare a report for your theoretical partner outlining the law on the subject and the procedures you will have to go through to achieve your business objective. Because “time is money,” also include a realistic projected time line and cost estimated for the project. In analyzing the problem, consult and cite outside reading sources. EVALUATION Describe methods by which students and instructors will know how the objectives listed above have been met. (Give types of instruments used for purposes of evaluation and at least one specific example of an essay question requiring the student to think independently and write.) 1. Classroom participation. 2. Graded outside assignments both required and optional. 3. Written examination consisting of multiple choice questions and short and long essay question which require the student to identify and evaluate facts and principles learned in the course to arrive at a justified solution. Sample Questions: 1. Explain the significance of a partial release clause in the context of a deed of trust. 2. What is the landlord’s obligation regarding a tenant’s security when the tenancy terminates? 3. Explain the legal and practical differences between ownership of real property as joint tenants, as tenants in common and as community property. Identify the necessary elements of each type of ownership and how they differ using practical examples of how these differences can affect a real estate transaction. TEXTS AND SUPPLIES Adopted Text: Real Estate Law in California by Bowman & Milligan
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