Legal Updates

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Proper Screening of Tenant Applicants in California by a Landlord or Property Manager

A landlord or his or her property manager in California at most can charge a potential tenant fifty- dollars and ninety-four cents ($50.94) as an application fee where the fee cannot exceed the actual cost for the application taking into account the Consumer Price Index which changes on a yearly basis. The application fee isRead More

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Pitfalls for Colorado Brokers in a Seller’s Real Estate Market

Colorado is experiencing unprecedented market conditions that favor sellers of real property. The heavily favorable sellers’ real estate market is due to a combination of factors, including the large number of people moving to Colorado, favorable interest rates, the effects of the COVID-19 pandemic including the ability to work from virtually anywhere, and a limitedRead More

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Tips and Pointers for Professional Property Managers in Colorado

Property Manager experience: The leasing and management of real estate for a fee or compensation requires a real estate broker license and must be conducted through a licensed brokerage.  Licenses are issued by the Colorado Department of Regulatory Affairs, Division of Real Estate with oversight by the Colorado Real Estate Commission.  C.R.S. § 12-10-201(6).  Property ManagersRead More

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California Escrow Risk Management Protocols

Over the years, I have seen an increase in claims and litigation arising out of the way an escrow was handled ranging from wire fraud transfer of funds, false identities of parties to an escrow transaction, unrecorded liens and questionable transactions such as money laundering. As the escrow officer to a real estate transaction, youRead More

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The Pitfalls Of “Love Letters” Sent By Potential Buyers Or Renters Of Real Estate To The Seller Or Landlord

In today’s competitive California real estate market, I have seen buyers attempt to obtain an edge on their competition by writing and sending letters to the sellers. These letters describe the buyers, their immediate family, and why they would be perfect buyers for the listed property being offered for sale.  Some buyers include photographs ofRead More

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The Pitfalls of Failing to Disclose in Real Estate: a CRES Risk Management Video Webinar

The majority of real estate E&O lawsuits are a result of failures to disclose. In this webinar, attorney Mark Carlson from Carlson Law Group and Dave Miller, Regional Vice President with Fidelity National Home Warranty, discuss the pitfalls of failing to disclose.  Whether it’s a simple mistake or an intentional failure to disclose, you canRead More

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CRES Risk Management Webinar: How to Reduce Property Management Risks in a COVID World

Like many other industries, real estate has been significantly affected by COVID-19. Property management is one area in particular, which is experiencing much pandemic-related change. There’s no doubt the risks are much greater in this current environment, and lawsuits are on the rise.  For many property managers, keeping on top of COVID-related laws and restrictionsRead More

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CRES Risk Management Webinar: COVID-19 Forms and Best Practice for California Real Estate Professionals

COVID-19 has brought a great deal of challenges to the real estate industry. Keeping up with exactly what forms should be used in transactions is one of those challenges. Keeping up-to-date with changes to the forms and guidelines as they evolve during the pandemic is another.  There are risks today that never existed before inRead More

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Is Your Website ADA Compliant? – Better Safe Than Sorry

With the ongoing national Covid-19 crisis, real estate brokers, agents, and property managers are more reliant than ever on the internet as a means of marketing and communication.  Websites remain a critical marketing tool for most real estate professionals.  ADA (“Americans With Disabilities Act”) website compliance is essential for all businesses, including your real estateRead More

Texas Real Estate Risk Management & Compliance Newsletter | COVID-19 Updates – June 26, 2020

On Friday, June 26, 2020, Texas Governor Greg Abbott issued his Executive Order GA-28. This Order supersedes Executive Order GA-26 which was issued on June 3, 2020, at a time when the Governor was pushing the state toward reopening as soon as possible. Since the June order, however, the numbers of infected persons and hospital demand in TexasRead More

Avoid these Top 10 mistakes real estate agents make that leave them vulnerable to a lawsuit... How real estate agents can still build strong client relationships during the pandemic: working closely together wh…