California

open house sign on sidewalk

Updated Guidelines in California for Real Estate Open Houses – May 2021

On May 12, 2021, the California Dept. of Public Health (CDPH) updated its guidance on open houses to allow in-person showings of properties, such as open houses.  The guidance states that those holding open houses must follow the indoor capacity limits within the CDPH social gatherings guidance.  CDPH gatherings guidance.   Under the Yellow Tier, the guidance for social gatherings isRead More

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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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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, Mark Carlson, attorney 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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COVID-19 and the Impact on California Real Estate Transactions

Download the CALIFORNIA ASSOCIATION OF REALTORS® Coronavirus Addendum (C.A.R. Form CVA, 3/20). The spread of the Coronavirus COVID-19 has created uncertainty in our everyday lives — including the purchase and sale of real property in California.  People who are presently under contract to purchase or sell real property consider how the virus may impact theirRead More

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Source of Income Discrimination in California

Under California and federal law, it is illegal for a landlord or residential rental housing provider to discriminate against a person because of the person’s disability, religion, ethnicity, sexual orientation, race, marital status, religion, ancestry, or source of income for the rental.  California’s Legislature has declared that the opportunity to seek, obtain and hold housingRead More

cannabis plant

How to Manage Your Risk When Dealing with Real Estate Sellers, Buyers, or Tenants Involved in a Cannabis Business

It’s important for real estate professionals to understand the implications of a cannabis business whether you’re representing the seller, buyer, or a tenant.  (See our related post on property managers and cannabis businesses.) Your role isn’t to provide legal or tax advice, but to understand when you might need to refer your client to anotherRead More

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