California
Disclosing and Documenting Before Closing
Document All Client Advisories about Third-Party Experts Do you advise your clients in writing to consult with third-party experts before closing? And if you do, do you document it in the client’s file? If you want to reduce your risk of a real estate lawsuit, the answers should be yes and yes. I’ve defended manyRead More
What is a Seller Carryback? How to Protect the Seller and Yourself in a Seller Carryback Transaction
Seller carryback financing is when the seller of a given property acts as a lender for a buyer on the seller’s property. The end result is that the buyer signs a promissory note to the seller, for the amount of the carryback with a set interest rate, set monthly payments, and a set time forRead More
Case Study: Creation of an “Associate Licensee” and the Duty to Investigate and Disclose – Horiike v. Coldwell Banker
Real Estate Agent Fiduciary Duties Ruling In November 2016, California’s Supreme Court affirmed the Appellate Court’s decision in Horiike v. Coldwell Banker (2014) 225 Cal. App. 4th 427. Its significance is that where a real estate brokerage is representing the buyer and the seller in a transaction, albeit with separate real estate agents for theRead More
Legal Duties in Residential and Commercial Transactions of a Licensed Real Estate Agent or Broker
Introduction – The Law and Primary Issue California Civil Code section 2079 sets forth the statutory duty of a real estate licensee in the State of California to both the buyer and the seller of a real estate transaction, whether it involves residential, commercial or vacant land. Civil Code section 2079.2 sets forth that theRead More
How to Advise Foreign Language or Visually Impaired Real Estate Clients
Advising a client who is sight impaired or who cannot read or write in the English language Over the years as a real estate attorney in litigated and risk management inquiries, I have had to deal with situations where a licensed real estate agent in the State of California is representing a client who isRead More
I’ve Had A Data Breach – Now What?
A business that maintains records that include a customer’s name along with any one of the following: signature, social security number, address, telephone number, physical description, passport number, driver’s license number, insurance policy number, education, employment, employment history, bank account number, credit card number, or any other financial, medical or health insurance information, must giveRead More
Disposal of Files
Business and Professions Code Section 10148 requires that a real estate licensee maintain his or her file for 3 years after the transaction closes or for 3 years after a listing if no transaction is consummated. Because some statutes of limitations (the time period within which a lawsuit must be filed) do not begin untilRead More
When Does a Real Estate Agent’s Legal Duties Cease in California to His or Her Client?
In recent months I have handled an increasing number of risk management inquiries for real estate agents and brokers on the issue of when does a real estate agent’s duties cease to the client. This question typically arises after closing when new “issues” arise, such as newly discovered water intrusion or pest infestation problems thatRead More
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
The Purpose of a MLS Listing of Real Property in California
The purpose of a MLS listing of a parcel for sale Throughout California there are many local real estate associations that provide an electronic service used by real estate agents and brokers called the “multiple listing service” (MLS). This service allows members of a given local real estate association to see each other’s listings ofRead More