Category: Real Estate Law

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Court Keeps it Difficult to Take Property By Adverse Possession

Recently there has been a lot of interest in adverse possession claims from the firm’s clients.  From a television interview with one of our attorneys to Read More > ...

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Disclosure Series

As real estate attorneys, Brewer Offord & Pedersen LLP cannot stress enough to real estate agents and sellers the importance of properly disclosing information pertaining to Read More > ...

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California’s Supreme Court Allows Trustee to Void Foreclosure Sale Sold Too Cheaply.

> What happens if the trustee is instructed by the lender to have a minimum bid of $219k but misses a digit and sets and sells Read More > ...

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Party Awarded Attorney Fees Despite Losing Contractual Claims

Attorney fee provisions often drive lawsuits, and become a significant battle after the trial is over.  The recent case of Maynard v. BTI Group was no Read More > ...

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Court Eases Service Requirements in Unlawful Detainer Actions

In a recent Sixth Appellate District ruling, the Court made it easier for a landlord to serve a tenant with an unlawful detainer complaint.  In Stanford Read More > ...

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Negotiating Commercial Leases – Back to Basics

Understanding Square Footage and How it Affects Your Lease Previously, my colleagues wrote blogs regarding commercial leasing considerations for tenants and commercial evictions,  but today I Read More > ...

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No More Harassing Depositions

If you have been a party to a lawsuit, or maybe even just a witness, you may have suffered the distinct displeasure of spending days sitting Read More > ...

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How Are Easements Created? Part One

Before discussing how to create an easement, we must understand what an easement is. An easement is a non-possessory interest for the use of real property Read More > ...

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Can You Really Get Those Attorney Fees?

One of the key considerations in any real estate purchase dispute is the attorney fees provision. Given the expense of litigation, many times, the attorney’s fee Read More > ...

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How Are Easements Created? Part Two.

Before discussing how to create an easement, we must understand what an easement is. An easement is a non-possessory interest for the use of real property Read More > ...

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CREDITORS BEWARE – How Bankruptcy Affects Your Bank Account Levies

Creditor Levies on Debtor’s Bank Account but the Debtor Files Bankruptcy Before the Sheriff Turns Over the Money to the Creditor.  Who Gets the Money? Collect Read More > ...

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Contractor’s Tort Liability Ends at Completion of Construction

In a recent case called Neiman v. Leo A. Daly Company the California Court of Appeal upheld summary judgment awarded to an architect based on his Read More > ...

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Following California’s Right to Repair Act to the “T”

With the increase in new homes sprouting up in the greater Bay Area it is important to understand California’s Right to Repair Act.  The California Court Read More > ...

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No Automatic Stay For Serial Bankruptcy Filers

Last month, in In re: Leafty, the Bankruptcy Appellate Panel for the Ninth District reaffirmed the statutory bar against debtors filing serial bankruptcies to stop a Read More > ...

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No Tender is Required Pre-Foreclosure

In California, one of the biggest hurdles for borrowers who are challenging a foreclosure sale is the tender offer rule.  The rule requires that the borrower Read More > ...

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California Court Overturns DRE’s Decision to Deny Broker’s License

In late 2012, the Third Appellate District provided some guidance for the DRE on what is sufficient rehabilitation for a prospective licensee to receive a license. Read More > ...

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Commercial Evictions… The Three Day Notice

I have recently been handling a number of commercial evictions.  Several years ago I stopped handling residential evictions, but there are a lot of similarities in Read More > ...

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Hey Vanna, Can I Buy A Comma?

How the absence of a comma in a Listing Agreement cost a broker a $340,000 commission. How important is it to be accurate in your listing Read More > ...

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Preparing Your Disclosures When you Sell Your House

Check out this animated video discusses what to look out for while preparing  your disclosure documents when selling your property. Video Script CLIENT:                 We have decided Read More > ...

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Collection and Reporting of Energy Data in the Sale of Commercial Buildings – its coming 1/1/13

On October 12, 2007 AB 1103 became law. The law requires that commercial building owners collect and disclose energy consumption data prior to a building’s sale, Read More > ...

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What is this “Easement” Thing in my Preliminary Report?

Buying a home can be a very exciting time, and for most people the biggest investment in their lives.  Therefore, it is very important to make Read More > ...

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Foreclosure Bidder’s Frivolous Lawsuit Bites the Dust

UPDATE: This case was appealed to the 9th Circuit Court of Appeals, and was affirmed in part, and reversed/remanded in part. Read the update here: http://bayarearealestatelawyers.com/foreclosure/foreclosure-bidder-continues-fight-after-9th-circuit-decision Robert Read More > ...

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Get Consent Before You Cut, or Pay!

In a previous blog, “Get Your Tree out of my Yard” I discussed the potential issues that may arise between adjoining landowners with respect to trees.  Read More > ...

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Lenders Behaving Badly – Borrower Makes a Credible Case for Intentional Infliction of Emotional Distress, Fraud and Violation of Foreclosure Statute Section 2924g(d) Against Downey Savings & Loan (U.S. Bank N.A.)

The litigation tide turns in favor of the borrower due to the lender’s conduct. [Ragland v. U.S. Bank National Association et al, Filed September 13, 2012, Read More > ...

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Insurance for Your Remodel – Something No One Thinks About Until a Catastrophe Happens.

My colleague Charlie Bronitsky has been sharing tips for revising home improvement contracts and working with General Contractors. As The Homeowner, Make Sure You Are Insured Read More > ...

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Summary of new California Real Estate Laws for 2012

The new year brings with it new laws and some of these may affect you and/or your clients. The following are effective January 1, 2012. NEW Read More > ...

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Wait, This is Binding? Is a Lease is Enforceable Even Though the Agreement Lacks Essential Terms?

In the 2011 case of First Nat. Mortg. Co. v. Federal Realty Inv. Trust, 631 F.3d 1058 (9th Cir. 2011), the Ninth Circuit Court of Appeals Read More > ...

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Can the City Restrict What Kind of Antenna I Can Have?

As a general rule, the First Amendment protects one’s right to receive ‘suitable access’ to meaningful television broadcasts (seriously!).  City ordinances restricting height, screening, and setback Read More > ...

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Mechanic’s Lien Law Changes

As of January 1, 2011 Mechanic’s Lien law has started changing here in California. Two changes are already in effect and the entire section of the Read More > ...

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Insurance Coverage for Damage Caused by Encroachments

A very common dispute that we see on a regular basis are encroachments on neighbor’s land.  These encroachments can be anything from a driveway, a portion Read More > ...

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Co-ownership of Real Property – Fighting the Partition Action Can Cost You.

There is a fundamental premise in California law that a co-owner of real property has the right to sever the co-ownership at any time by forcing Read More > ...

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Mechanics’ Lien Law Changes Coming Soon

On July 1, 2012, just three months from now, an all new series of mechanics’ lien laws will be in place in California.  This new law, Read More > ...

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Where Did My View Go? Homeowners’ Rights to Easements for Air, Light, and Views.

One of the most important features for some people in deciding whether to purchase a home is it’s view. Palo Alto and the San Francisco Bay Read More > ...

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Real Estate Case Update: Dual Agents – Longer Liability Exposure

Bad Facts for the Licensee: The buyers bought a house with substantial water damage.  The problem? The sellers had painted over the damaged areas with dark Read More > ...

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Gold or Snowball? The Effect of an “As-Is” Clause on Real Property Purchase Agreements in California.

Often our clients ask us to review their California Association of Realtors (“CAR”) or Peninsula Regional Data Service (“PRDS”) real estate purchase and sale agreements.  One Read More > ...

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Why Can’t Realtors® and Appraisers Play Nice? The New PRDS Real Estate Purchase Contract and Potential Problems for Appraisers

Our office represents real estate brokers in a variety of different matters, including but not limited to commission disputes and failure to disclose lawsuits.  Our office Read More > ...

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Finally, Some Standardization in Appraisals

Recently, Fannie Mae and Freddie Mac teamed up to create a standardized system for use by appraisers to improve the quality and consistency of appraisal data. Read More > ...

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3 Things to Watch for When Buying into an HOA

1. CC&R’s Contain Rules That Could Cramp Your Lifestyle. When a buyer is handed a thick stack of documents from the property management company and faced Read More > ...

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Look Out! Two Things to Watch Out for in a Builder’s Purchase Agreement

Most home sales in Northern California use standardized forms for the purchase agreement.  For example, realtors in the Bay Area typically use either the CAR (California Read More > ...

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Mind The Gap! Relief for Property Owners on Slip and Fall Liability

Generally, owners have a duty to maintain their property in a safe condition, and repair any known dangerous conditions.  From a liability standpoint, the issues that Read More > ...

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We’ve Seen Some Weird Stuff

Over the years, we have encountered a number of strange fact patterns which tend to stand out in our collective memory. Below is a list of Read More > ...

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Listing or Selling an Overencumbered Property? Disclose, Disclose, Disclose

Throughout the San Francisco Bay Area the real estate community has seen a drop in residential property values. This drop was particularly noticeable in portions of Read More > ...

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Do I Have to Tell Them EVERYTHING?

You are a homeowner in Palo Alto in the process of selling your home, and the question arises: What do I have to disclose to the Read More > ...

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As a Borrower, Suing an Appraiser or an Appraisal Management Company May Not be a Wise Decision.

Our office is regularly contacted by borrowers/homeowners who are struggling to make their loan payments and are now contemplating suing an appraiser or the appraiser’s management Read More > ...

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Do I Need Padded Walls?

Sadly, when someone gets injured on a landowner’s property, one of the first thoughts the landowner may have is “I am going to be held liable Read More > ...

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Revoke a DRE License? Show Me Clear and Convincing Proof.

When a real estate transaction falls through and a lawsuit results, real estate brokers and salespersons have multiple concerns. One concern is the lawsuit itself. Lawsuits Read More > ...

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Real Estate Deeds – Getting the Property Transferred to the Right Person at the Right Time

Family members often try to simplify a real estate transaction by avoiding the use of professionals. However, a transfer of a piece of real estate can Read More > ...

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What’s His or HERS?

Energy efficiency in the home is quickly becoming a hot topic and important consideration in the purchase and sale of residential real estate, especially in Palo Read More > ...

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Peter Brewer Featured in Super Lawyers Magazine

Super Lawyers® is an organization that rates attorneys by region and publishes award-winning magazines every year. Peter Brewer has held the distinction of Super Lawyers since Read More > ...

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Court Finds Listing Agent Can Fight Multiple Owners for Her Commission

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