Legal Updates

Man and woman signing document with pens

How to Prevent a Department of Fair Employment and Housing (DFEH) Complaint

California’s Department of Fair Employment and Housing (DFEH) maintains the authority to investigate complaints of discrimination in the areas of employment, housing, public accommodations and hate violence. Many persons believe they have been treated unfairly or harassed in employment opportunities, in renting or purchasing a home, or in receiving service in a business establishment. TheRead More

Gavel and law books

The “Procuring Cause” Claim

Over the years of handling risk management matters, I invariably see disputes where the real estate agent who was not the listing or selling agent on a closed transaction makes a claim for real estate commissions claiming that he or she was the “procuring cause” for the transaction closing. The typical “procuring cause” claim arisesRead More

Desk with iphone, ipad, coffee, notebook, and keyboard

The Digital Dangers of the Realtor Profession

As a Realtor or Broker, you allow consumers to search your real property listings, photographs, videos, public records and other real estate information over the Internet and/or provide other online services to consumers. Whether you are aware of it or not, this service you provide also carries with it an obligation to protect the dataRead More

Landlord signing contract

Property Managers and Landlord Tenant Agreements

In California a property manager is a person who takes care of the many aspects of commercial, industrial or residential properties for their owner who is deemed the “landlord” when the property is rented out. The landlord’s property manager, assuming there is one, makes sure that the rented property is maintained for the tenant besidesRead More

Keyboard with lightning behind it

Cyberattacks on Real Estate Professionals, What’s Next?

Brokers and escrow officers, like other professionals, use phones and e mail as their main mode of communication and by doing so they are exposed to data breaches. In the last year data breaches became more prevalent in real estate transactions. Brokers and escrow officers should be aware of the issues and try to avoidRead More

Man holding iphone

When Should a Real Estate Agent Be Communicating With a Seller’s or Buyer’s Attorney?

When problems arise after close of an escrow for a particular real property, the listing and selling agent are typically contacted by an attorney for either the seller or buyer or both of them. This raises a concern for the real estate agent, in that he or she usually desires to help his or herRead More

Gavel and law books

The Realtor’s Need to Confirm in Writing the Material Aspects of a Transaction

How well does a typical real estate agent know his or her client? Good question. In the vast majority of the situations when a real estate agent transacts as a listing, selling or dual agent, the answer is “not very well”. Most clients are complete strangers or acquaintances, rather than good friends who have knownRead More

Exterior front of brick house

Don’t Be CLUE-less!

Most real estate agents probably do not give much thought to insurance claims on the homes they are trying to sell or their clients may be interested in buying.  But they should.  Failure to inform the seller or buyer of the availability of a free and easily-obtained report of insurance claims could expose both seller’sRead More

Row of law books

Cite and Fine Implemented

The “Cite and Fine” statute contained within Business and Professions Code Section 10080.9 is a little more than a year old, Brokers and Agents can learn from how the Bureau of Real Estate is using its citation powers. According to the Bureau of Real Estate, the most issued fines fall into these categories: Mortgage BrokersRead More

closeup of computer keyboard

Wire Transfer Fraud

Over the last six months, the lawyers here at Carlson Law Group, Inc. have seen an email scam perpetrated with a frightening regularity.  Approximately a dozen clients, insurance companies and insurance brokers have reported to us that funds are being misdirected via wire transfers to bank accounts overseas.  The scam is always perpetrated in theRead More

Have to purchase your next E&O policy? Why you should consider CRES Real Estate E&O + ClaimPrevent™ insurance polic… https://t.co/Qw6TAYz7eA 4 real estate marketing trends to help realtors crush it in 2017 per@InmanNews https://t.co/ZlBXCu5uvL https://t.co/ZlBXCu5uvL