California

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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

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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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Now Prospective Tenants Must Also Be Informed if a Property is in a Special Flood Zone

Changes in California Law: Disclosure Requirements Flood Zones California’s legislature within the past year made the following findings and declaration: (a) In February 2017, several neighborhoods within the City of San Jose experienced severe flooding that forced the evacuation of 14,000 residents and caused significant damage to public and private property throughout the city. ARead More

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“My Client’s Home Was Destroyed in the Wildfires – Now What?”

In early October 2017, a series of 250 wildfires started burning throughout Northern California, bringing terror and destruction to the region. The wildfires broke out throughout Napa, Lake, Sonoma, Mendocino, Butte, and Solano Counties. These fires included the Tubbs Fire (which grew to become the most destructive wildfire in the history of California), the AtlasRead More

residential swimming pool

2018 Swimming Pool Inspection Law – California

The California Senate Bill 442 was passed,  signed by the Governor, and codified as Business and Professions Code, Section 7195, effective January 1, 2018.  This Statute provides standards for new residential swimming pools and spas, or any remodeling of an existing pool or spa.  The new law requires at least two of the seven drowningRead More

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Dealing with Malicious Acts by Tenants – a Guide for Property Managers

It’s every property manager’s and property owner’s worst nightmare —  when a tenant does malicious damage. This is why it’s important to know what the liabilities are, and what you can do to reduce your risk of a lawsuit. Not only does it allow you to protect your clients by offering sound advice, but itRead More

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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

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Understanding the Earnest Money Deposit in Real Property Sales

What Is Earnest Money And Its Purpose? Earnest money is cash deposited by a buyer to a seller into escrow (in states that use escrow), demonstrating the buyer’s intent to purchase an offered property. Essentially, it’s a way for a buyer to secure a contract with a seller to demonstrate they’re serious about making aRead More

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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

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