Contracts and Transactions
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
Contract Formation and Agency in the Digital Age
Most brokers and agents know that a contract for the sale of real estate generally must be in writing to be enforceable, and signed by the party against whom enforcement is sought. This is what lawyers call the “statute of frauds” requirement, and is designed to avoid, well fraud, in transactions involving real estate. ComplicatingRead More
Dual Broker/Associate Licensee Beware!
If being a real estate broker or salesperson acting in a dual agent capacity was not already risky enough, the California Court of Appeal just made it even more dicey. Real estate brokers and associate licensees know that the risk is great in acting in a dual agent capacity, but the reward most of theRead More
Solar Power Systems — a Hot Topic!
Issue – Solar Power Systems are Fixtures When we think of fixtures that are included in the sale of a property, it is likely that some Brokers and Agents have not considered the application of the modern day solar power system. Similar to a hot water heater, a furnace, or other major component, the solarRead More
Guest blog written by B. Blake Cox B. Blake Cox | www.lawsnakard.com Mr. Cox graduated from Texas Tech University in 1982 with a Bachelor of Arts Degree; and graduated from Texas Tech University School of Law in 1986 with a Doctorate of Jurisprudence. Mr. Cox’s practice centers primarily on civil litigation involving the defense of service providers suchRead More
Updated South Carolina Building and Fire Codes Include Carbon Monoxide Alarm Requirements Aimed at Protecting Against the “Silent Killer”
In the past several months, the tragic deaths of an elderly couple and a child in two separate incidents in the same North Carolina hotel room have garnered national media attention. According to North Carolina authorities, the deaths of these individuals are attributable to a carbon monoxide (“CO”) leak originating from a pool heater located in anRead More
Anticipating the “Flood” of Post-Sandy E&O Claims for Insurance Brokers
Guest blog written by John R Gonzo, ESQ. Mr. Gonzo is the Managing Partner of the Gonzo Law Group and specializes in professional lines defense. Superstorm Sandy devastated portions of New Jersey, impacting individuals and companies of all types, including insurance brokers. Stories of insurance brokers, whose offices had no power, heat, or internet accessRead More
Do you REALLY know what your real estate agents are doing?
In today’s tough market, agents are doing whatever they can to make money. How much do you really know about their actions? We are seeing a dramatic increase in claims where real estate agents are doing business that is not condoned by the broker. More and more agents are getting involved in activity outside theirRead More
Avoiding Lender Fraud
The recent cooling of the residential real estate market in most areas of the state has created a new opportunity for those inclined to defraud their lenders. We have seen buyers making offers that exceed the listing price and then requesting a credit to be refunded back to the buyers. The credit is usually equal to or slightlyRead More