California

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California’s COVID-19 Residential Eviction Moratorium

California residential renters that are struggling to pay rent during the Covid-19 pandemic are shielded from eviction through September 30, 2021: Tenants have a defense in court should their landlord try to evict them over non-payment of rent through September 30, 2021. Residential tenants are required to submit to their landlord that they are unableRead More

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CRES Risk Management Webinar: Home Hardening, Wire Fraud in New Ways, Eviction Moratorium, and Contingencies Update

The California real estate market has experienced extremely low inventory, but things have started to normalize in recent weeks. In this webinar, attorney Mark Carlson from the Carlson Law Group, and Dave Miller, Regional Vice President of Fidelity National Home Warranty, provide an update on some of the current issues in our real estate market.Read More

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What Is a Subpoena in California?

A subpoena is an order issued by either an attorney, court clerk or a judge. Subpoenas are used to obtain records and information from people or entities who are not parties to a lawsuit.  A subpoena usually requires you to appear at a certain place, date, and time to testify as a witness about aRead More

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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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