What is a Fixture and How to Prevent Misunderstandings After Close
California Civil Code section 660 defines a “fixture” as follows: “A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines, or shrubs; or imbedded in it, as in the case of walls; or permanently resting upon it, as in the caseRead More
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
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
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
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
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
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
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
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
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