The John Henderson Blog

If you’re considering getting your real estate license and wonder what kind of information is covered on the licensing exams, here’s a quick introduction. There are seven subject areas on the real estate salesperson and broker exams, and all of the questions fall into those subject areas. The information I’ll review in this posting relates to “community property” and real estate transactions.

To answer a question related to community property and real estate transactions, you must first be aware that under California law property acquired during marriage is usually considered to be community property belonging equally to husband and wife.

One community property question on both the salesperson and broker exams may ask about one spouse signing a contract listing real property for sale. Another question may ask about one spouse signing a contract selling community real property. Both questions ask whether such a contract is an enforceable contract or an unenforceable contract.

Here is the answer.

A contract listing community real property for sale signed by only one spouse is an enforceable contract. Either spouse may sign a listing contract employing a broker to represent them in the sale of their community real property in order to put the property on the market.

However, a contract selling community real property is created when a buyer’s offer to purchase the property is accepted. California community property law says this contract requires the signature of both husband and wife to be enforceable. Therefore, a contract selling community real property signed by only spouse is unenforceable.

The rule is: one signature to list, but two signatures to sell community real property.

If you’re still thinking about getting your real estate salesperson license, or if you’re real estate sales agent ready to become a broker, my one day exam prep class provides you with all the knowledge you need to know to pass your real estate licensing exams. The course outline includes detailed information on the seven subject areas covered on the state exam. My practice tests are the best available to test your knowledge before you get to the exam. And, with four audio CDs and weekly updates, you’re guaranteed to pass on your first try. You can enroll today at http://www.realestatecentre.biz/enroll.htm.

Check back next week for more ways the Real Estate Centre can help you pass your California real estate licensing exam.