Legal Question in Landlord & Tenant Law in California
Will CA Court allow a property manager running a prop. management company without a broker to speak / prevail? I have a written letter from her (SALESPERSON) stating that the BROKER has left the company to pursue another career. In that we are suing in small claims court and she is in violation of the DRE and the professions code and operating illegally, is the court going to listen to her as a business professional? I have already file a case with CA DRE as well.
1 Answer from Attorneys
I suppose that the answer to your question depends on what she will be testifying to. If she is appearing in Court as a representative of the management company - a witness to events that transpired as they relate to your tenancy, then she is a competent witness. Her lack of a broker is a 'license issue,' not necessarily and issue that relates to the question of her competence as a witness. On the other hand, if she is there in lieu of the broker - in other words, the testimony she is to give would generally be required from the broker running the business, then she may not be a competent witness. Bring up the issue with the Court, as I think operating a property management company without a qualifying broker does go to the question of her honesty and integrity - she is knowingly operating the business in violation of her licensing law. It is very, very common in landlord-tenant matters for a salesperson to appear at, and testify competently in Court to matters related to tenants in properties they manage. It is not required, for instance, in an eviction or lawsuit over a security deposit, that the broker appear and testify in court - in fact, the broker may have less knowledge of the events leading up to the lawsuit than the salesperson who actually manages the property. Good luck - I don't think the Court will prevent her from testifying, but may attribute less weight to her testimony if you properly raise the issue of her working without a qualifying broker.
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