Buying Into an HOA, Part 3

by Simon Offord January 26, 2017 HOA Litigation
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Buying a new home can be an overwhelming process. The amount of paperwork is staggering. When buying property that is part of a homeowners’ association (HOA), the paper work is increased due to a statutorily-mandated set of additional disclosures regarding the HOA (Civil Code Sections 1365 – 1368 and 1375).  In this third installment in […]

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Broker Beware! How to NOT Lose a $925,000 Commission!

by Simon Offord December 22, 2016 Broker/Realtor
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A recent case confirmed our oft-repeated advice to get it in writing.  In Westside Estate Agency, Inc. v. James Randall, a broker learned this rule the hard way. California’s statute of frauds declares invalid any “agreement authorizing or employing an agent, broker, or any other person to purchase or sell real estate” unless that agreement […]

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5 Tips for Landlords This Winter

by Ashlee Adkins December 21, 2016 Landlord/Tenant Disputes
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A landlord’s duty to maintain a habitable unit can morph as the winter months approach here in California. What makes a unit habitable in the summer months can change with the seasons and the drop in temperature. In our recent California Landlord Basics webinar on December 16 (view replay here), we discussed the statutory requirements […]

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Appellate Court Upholds Fact-Based Determination of Nuisance

by Simon Offord November 29, 2016 Neighbor Issues
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In the recent case of Mendez v. Rancho Valencia Resort Partners, LLC, the appellate court analyzed whether certain noise constituted a nuisance. The Mendezes (“Neighbor”) filed suit, claiming Rancho Valencia’s (“the Resort”) outdoor festivities constituted a private nuisance.  The Trial Court ruled in favor of the Resort, determining the noise levels were not “substantial and […]

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Commercial Leasing Considerations for the Adult Use of Marijuana Act

by Law Offices of Peter N. Brewer October 31, 2016 Commercial Real Estate
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This November, Californians will vote on Proposition 64, the “Adult Use of Marijuana Act” which will effectively legalize the recreational use of marijuana to people over age 21. California’s Marijuana Legalization Initiative enumerates extensive modifications to the state’s Business and Professions Code regarding the registration and licensing of retail marijuana businesses. It has been a […]

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Foreclosure Bidder Continues Fight After 9th Circuit Decision

by Law Offices of Peter N. Brewer September 30, 2016 Foreclosure
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Over four years ago, I wrote about the unpublished case of Jacobsen v. Aurora Loan Services (2012).  Jacobsen was a foreclosure investor who had been negotiating with borrower O’Brien.  O’Brien had borrowed $1.24M secured by a deed of trust against the property.  O’Brien’s payments to the lender and loan servicer became sporadic and eventually, O’Brien was in […]

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Court Allows Owner to Evict Tenant who has Filed Bankruptcy

by Law Offices of Peter N. Brewer September 29, 2016 Bankruptcy
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Sholem Perl (“Perl”) owned a duplex in Los Angeles. Perl defaulted on his loan and the property was foreclosed on in 2013. At the foreclosure sale, Eden Place, LLC (“Eden Place”) purchased the property but Perl remained in possession of the property. After buying the house, Eden began the unlawful detainer process and on June […]

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Commercial Landlords Subject to New Accessibility Disclosure Requirements

by Ashlee Adkins September 28, 2016 Commercial Real Estate
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Multiple attempts have been made by California legislators in the past several years to limit the growing number of predatory Americans with Disabilities Act (“ADA”) lawsuits in California, whereby landlords and business owners are being sued for ADA accessibility violations. According to U.S. Congressman Ken Calvert, California has 40 percent of the nation’s ADA lawsuits, […]

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The Basics of Homeowners Association Disputes Part 1 – Mediation

by Simon Offord September 16, 2016 HOA Litigation
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HOA disputes are something that we see on a regular basis. Although in a perfect world, none of us would get in disputes with our neighbors, the reality is that disputes between neighbors, or the association and an owner, are exceedingly common. However, most HOA CC&Rs have provisions to try and resolve these disputes without […]

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How to Determine Your Primary Residence – Part 2, the Homestead Exemption

by Law Offices of Peter N. Brewer August 31, 2016 Bankruptcy
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In 2011, Andy Diaz (“Diaz”) lived in a property in Fullerton, CA (“Property”) with his then wife.  In 2011, Diaz suffered severe health problems.  Later in 2011, Diaz and wife divorced.  Due to his health problems, after several months of living in hospitals and therapy facilities, Diaz moved into his mother’s home as he could […]

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