California Real Estate

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CAR New Wire Fraud Advisory

Cyber crime targeting wire transfers is on the rise. Criminals have developed viruses that hack into email accounts of buyers, sellers, real estate agents and escrow companies. The malware records login information and then sits undetectable by commercial anti-virus software. When an email is sent or received that mentions a wire transfer, the virus alertsRead More

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A Realtor’s and Seller’s Duty to Disclose All Prior Inspection Reports on a Listed Property

The duty to disclose all that is material affecting price paid or desirability Over the years, I frequently come across risk management inquiries involving whether a seller and his or her listing agent need to disclose prior property inspection reports of the property being listed for sale. Negative prior third-party expert reports on the listedRead More

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How to Prevent a California Civil Code Section 1088 Violation

California Civil Code section 1088 Many real estate agents are not familiar with the provisions of California Civil Code section 1088. I am quite familiar with this provision having defended many real estate licenses over the years for placing inaccurate information in a listing posted in a given real estate association’s multiple listing service posting.Read More

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Cancellation of Escrow Considerations

Invariably I have come across disputes in real estate sales where a cancellation of contract, release of deposit and cancellation of escrow on a California Association of Realtors© form CC has been sent to either the listing or selling agent for his or her client(s) to date, sign and return to the party sending theRead More

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What is a Fixture and How to Prevent Misunderstandings After Close

California Civil Code section 660 defines a “fixture” as follows: “A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines, or shrubs; or imbedded in it, as in the case of walls; or permanently resting upon it, as in the caseRead More

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How to Prevent a Department of Fair Employment and Housing (DFEH) Complaint

California’s Department of Fair Employment and Housing (DFEH) maintains the authority to investigate complaints of discrimination in the areas of employment, housing, public accommodations and hate violence. Many persons believe they have been treated unfairly or harassed in employment opportunities, in renting or purchasing a home, or in receiving service in a business establishment. TheRead More

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The Realtor’s Need to Confirm in Writing the Material Aspects of a Transaction

How well does a typical real estate agent know his or her client? Good question. In the vast majority of the situations when a real estate agent transacts as a listing, selling or dual agent, the answer is “not very well”. Most clients are complete strangers or acquaintances, rather than good friends who have knownRead More

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Cite and Fine Statute

In 2014, the Cite and Fine Statute (Business and Professions Code Section 10080.9) became effective.  Section 10080.9 allows the California Bureau of Real Estate (Cal BRE) to issue a citation against an unlicensed person who is engaging in activities for which a real estate license is required.  This Section also allows the Cal BRE toRead More

Avoid Violation of the Fair Housing Act By Staying Up-to-Date on Discrimination Issues

The call may seem very innocent. A person calls about the availability of an 800-square-foot apartment advertised by your company in the local newspaper. When the caller asks about whether her companion Labrador retriever is allowed in the unit, you let her know that the owner does not allow pets, but that you have aRead More

Changes to the Residential Purchase Agreement (RPA)

CAR has announced that the new RPA will be released in November of 2014. There are several substantive changes to the form. However, there are six (6) changes that will concern real estate agents and brokers the most: 1. All inspections are treated the same. This includes wood destroying pests, organisms and repairs, as wellRead More

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