The duty to disclose all that is material affecting price paid or desirability Over the years, I frequently come across risk management inquiries involving whether a seller and his or her listing agent need to disclose prior property inspection reports…
California Civil Code section 1088 Many real estate agents are not familiar with the provisions of California Civil Code section 1088. I am quite familiar with this provision having defended many real estate licenses over the years for placing inaccurate…
The 1990 “Americans with Disabilities Act” (hereinafter “ADA”) is a federal civil rights law designed to prevent discrimination based upon one’s disability. Disabilities covered, but not limited to those of hearing, mobility, and sight. Discrimination based upon one’s “disability” is…
The best way to prevent a claim or lawsuit against yourself as a licensed professional is to memorialize what was discussed in writing with your client starting with the log notes in your transaction file and then followed up with…
With the resurgence of the California real estate market, many of my real estate clients have diversified their business and have become involved in real property management. In California, a property manager is a person who takes care of the…
Many times I have consulted with my real estate clients as to the advantages and disadvantages of binding arbitration to resolve a dispute concerning real property as opposed to resolving the dispute in a litigated case in a California court…
Invariably I have come across disputes in real estate sales, where a cancellation of contract, release of deposit and cancellation of escrow on a California Association of Realtors® form CC has been sent to either the listing or selling agent…
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,…
